- Jun 10, 2004
- 14,595
- 6,067
- 136
That exact part is censored, but there is no obvious way out for AMD, the only way is mutual termination, or GloFo literally burning to the ground. The only thing that is sure is they are allowed to procure more than the default rate from external sources in an event like this, but it doesn't say they have to pay less fines for it ...
It's quite simple, they will amend it. Failing to do so would give AMD grounds to sue for breach of contract.
7NM OPERATIONAL PLAN
The Parties shall work in a spirit of partnership and good faith to focus resources to assist FoundryCo to develop its 7nm process technology in accordance with its time schedule. AMD shall provide such cooperation as reasonably required to enable FoundryCo to manufacture 7nm products for AMD consistent with AMD’s time schedule for 7nm Products. The details of such cooperation will be mutually agreed and set forth in an operational plan, which plan shall be based on the elements further described in Exhibit A (the “7nm Operational Plan”). The Parties acknowledge that certain elements of the 7nm Operational Plan will be updated from time to time per the Parties’ mutual agreement in order to fulfill the objectives set forth in this Section 8 until the 7nm Operational Plan is complete.
Per the redacted WSA, this is already the *sixth* amendment to it. Expect a seventh.