Common use of Services Advisor Escalation Rights Clause in Contracts

Services Advisor Escalation Rights. If at any time, the Fujitsu Services Advisor believes in good faith that (a) the Services being provided to Spansion under this Agreement are not being provided in accordance with the applicable Service Levels, (b) AMD is in material breach under this Agreement, (c) an audit pursuant to Section 10.12 should be conducted, or (d) Spansion is not being charged fairly for the Services it is receiving under this Agreement, then the Fujitsu Services Advisor will notify the Spansion Services Manager in writing. If after a reasonable period of time the Fujitsu Services Advisor does not believe that the concern raised has been adequately addressed, the Fujitsu Services Advisor shall be entitled to notify Spansion’s Board of Directors (the “Board of Directors”) of the Fujitsu Service Advisor’s concerns. Any such notice shall be in writing and shall be provided to all Board members simultaneously, with a copy also provided simultaneously to Spansion’s chief financial officer and the AMD Services

Services Advisor Escalation Rights. If at any time, the Fujitsu Services Advisor believes in good faith that (a) the Services being provided to Spansion under this Agreement are not being provided in accordance with the applicable Service Levels, (b) AMD is in material breach under this Agreement, (c) an audit pursuant to Section 10.12 8.11 should be conducted, conducted or (d) Spansion is not being charged fairly for the Services it is receiving under this Agreement, then the Fujitsu Services Advisor will notify the Spansion Services Manager and the Spansion chief financial officer in writing. If after a reasonable period of time time, the Fujitsu Services Advisor does not believe that the concern raised has been adequately addressed, the Fujitsu Services Advisor shall be entitled to notify Spansion’s Board of Directors (the “Board of Directors”) of the Fujitsu Service Services Advisor’s concerns. Any such notice shall be in writing and shall be provided to all Board members simultaneously, with a copy also provided simultaneously to Spansion’s chief financial officer and the AMD ServicesServices Advisor. The Board of Directors shall consider the Fujitsu Service Advisor’s concerns in good faith and may take any action it deems reasonable in the circumstances.

Services Advisor Escalation Rights. If at any time, the Fujitsu Services Advisor believes in good faith that (a) the Services being provided to Spansion under this Agreement are not being provided in accordance with the applicable Service Levels, (b) AMD is in material breach under this Agreement, Agreement or (cb) an audit pursuant to Section 10.12 8.11 should be conducted, or (d) Spansion is not being charged fairly for the Services it is receiving under this Agreement, then the Fujitsu Services Advisor will notify the Spansion Services Manager Advisor in writing. If after a reasonable period of time time, the Fujitsu Services Advisor does not believe that the concern raised has been adequately addressed, the Fujitsu Services Advisor shall be entitled to notify Spansion’s Board of Directors (the “Board of Directors”) of the Fujitsu Service Services Advisor’s concerns. Any such notice shall be in writing and shall be provided to all Board members simultaneously, with a copy also provided simultaneously to Spansion’s chief financial officer the AMD Services Manager and the AMD ServicesSpansion Services Advisor. The Board of Directors shall consider the Fujitsu Service Advisor’s concerns in good faith and may take any action it deems reasonable in the circumstances.

Services Advisor Escalation Rights. If at any time, the Fujitsu AMD Services Advisor believes in good faith that (a) the Services being provided to Spansion under this Agreement are not being provided in accordance with the applicable Service Levels, (b) AMD Fujitsu is in material breach under this Agreement, (c) an audit pursuant to Section 10.12 8.11 should be conducted, conducted or (d) Spansion is not being charged fairly for the Services it is receiving under this Agreement, then the Fujitsu AMD Services Advisor will notify the Spansion Services Manager and the Spansion chief financial officer in writing. If after a reasonable period of time time, the Fujitsu AMD Services Advisor does not believe that the concern raised has been adequately addressed, the Fujitsu AMD Services Advisor shall be entitled to notify Spansion’s Board of Directors (the “Board of Directors”) of the Fujitsu Service AMD Services Advisor’s concerns. Any such notice shall be in writing and shall be provided to all Board members simultaneously, with a copy also provided simultaneously to Spansion’s chief financial officer and the Fujitsu Services Advisor. The Board of Directors shall consider the AMD ServicesService Advisor’s concerns in good faith and may take any action it deems reasonable in the circumstances.