Common use of Existing Tools Clause in Contracts

Existing Tools. West shall perform an MCR on tools that are in existence as of the date of this Agreement that are used by West to manufacture Products hereunder on a [**]. BD shall be liable for the expense of any maintenance and/or repairs to the tooling. When appropriate, West shall provide BD with a proposed development agreement to address the manufacture of replacement tooling for those tools that warrant replacement.

Existing Tools. West shall perform an MCR on tools that are in existence as of the date of this Agreement that are used by West to manufacture Products hereunder on a an annual basis (unless the parties agree otherwise) [*** * ]. BD shall be liable for the expense of any maintenance and/or repairs to the tooling. When appropriate, West shall provide BD with a proposed development agreement to address the manufacture of replacement tooling for those tools that warrant replacement.