Common use of Spansion Systems Clause in Contracts

Spansion Systems. At its own expense and in accordance with the Change Control Procedures, Spansion may replace and upgrade the Spansion Systems from time to time in Spansion’s business judgment; provided that in replacing and upgrading such Spansion Systems, Spansion will comply with Section 4.2 and will not otherwise adversely impact AMD’s ability to provide the Services in accordance with the Service Levels. AMD will promptly notify Spansion if any Spansion implementation of a new Spansion System, or any Spansion failure to replace or upgrade existing Spansion Systems will cause, or has caused, a problem or delay for AMD in providing the Services. AMD will be excused from failure to meet a Service Level or otherwise perform its obligations under this Agreement to the extent that failure to meet such Service Level or otherwise perform its obligations was caused by the Spansion System upgrade, or the Spansion failure to replace or upgrade Spansion Systems as notified by AMD. AMD shall work with Spansion to mitigate the effects of such degradation.