Expanded Capacity Clause Samples
Expanded Capacity. In the event the Foundation desires additional expanded capacity beyond the Aggregate Minimum Supply, the Foundation may at its full discretion request a proposal from Company detailing whether and how Company would meet such increased capacity and Company will respond promptly and in good faith with such a proposal; provided, however, that nothing in this paragraph is or will be deemed a promise of future funding and any such proposal is subject to all internal reviews, processes and approvals by the Foundation and any applicable laws and regulations, and any such proposal or future funding must be reflected in a definitive written agreement between the Parties. Nothing in this GACA is a promise or obligation for either Party to enter into any future agreement.
Expanded Capacity. (a) The Parties intend to meet demand for increased capacity by equally investing in, and jointly building (except for the expansion of the Yokkaichi Facility (not including the FVC-Japan Equipment), unless otherwise agreed upon by the Parties), and sharing, on equal or substantially equal terms, equal amounts of new capacity for NAND Flash Memory Products. Schedule 6.03 sets forth a list in order of priority of expanding the manufacturing capacity of NAND Flash Memory Products. Toshiba shall be allocated NAND Flash Memory Product capacity of [***] L/M and SanDisk shall be allocated NAND Flash Memory Product capacity of [***] L/M at the Yokkaichi Facility (not including the FVC-Japan Equipment). FVC-Japan Equipment shall be installed with a targeted maximum manufacturing capacity for NAND Flash Memory Products of [***] L/M, to be allocated to each Party on an equal basis. Toshiba shall have the right, in its sole discretion, to expand the manufacturing capacity for NAND Flash Memory Products of the Yokkaichi Facility, by up to a maximum of [***] L/M; provided, that, SanDisk shall have the right to have allocated up to [***] of any such expanded capacity so long as SanDisk commits to load such additional capacity for six (6) months, and provided, further, that Toshiba may, in its sole discretion, decrease the manufacturing capacity of the Yokkaichi Facility (not including FVC-Japan Equipment), subject to Section 7.02(b). Master Agreement [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
(b) Once the FVC-Japan Equipment installed at the Yokkaichi Facility has achieved NAND Flash Memory Products manufacturing capacity of [***] L/M, and after such time as the Yokkaichi Facility (not including the FVC-Japan Equipment) has achieved NAND Flash Memory Products manufacturing capacity of [***] L/M, the Management Committee will determine whether to further expand capacity at the Yokkaichi Facility or to establish a New Facility with capacity to manufacture NAND Flash Memory Products at a targeted capacity to be determined by the Management Committee, not to exceed [***] L/M. SanDisk shall have the option to commit to an allocation of such converted capacity to manufacture NAND Flash Memory Products, up to a maximum of [***] L/M.
(c) Until (i) the Yokkaichi Facility (not including the FVC-Japan Equipment...
Expanded Capacity. 17 SECTION 7.04
Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US[***] for each additional twenty (20) MMGY of design capacity (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within thirty (30) days after delivery of such engineering package. Licensee will pay Mascoma an amount equal to one-half (1/2) of the corresponding Expanded Capacity License Fee minus the Expanded Capacity Engineering Fee within thirty (30) days after mechanical completion of the Expanded Capacity. Within thirty (30) days of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay the remaining one-half (1/2) of the corresponding Expanded Capacity License Fee provided, however, that such remaining amount shall be subject to reduction by the amount by which such Expanded Capacity License Fee may be reduced pursuant to Section 3.2 of Exhibit 2.3(e). The Expanded Capacity License Fee will be calculated on a pro rata basis; thus, for example, if Licensee only adds an additional ten (10) MMGY, it will be responsible for an Expanded Capacity License Fee equal to US[***]. Such additional fee will also include the same commitments from Mascoma in this Agreement including without limitation the supply of Organisms without additional fees or costs for the Expanded Capacity. But, in all instances, the Expanded Capacity License Fee will be proportionally adjusted based upon the design Expanded Capacity increase.
Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US$[***] (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within [***] after delivery of such engineering package. Licensee will pay Mascoma an amount equal to [***]. Within [***] of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay [***].
Expanded Capacity