Common use of Mixed Assets Clause in Contracts

Mixed Assets. In the event that any assets of M4 are used in connection with ReTech and are also used in connection with any other business of M4, then M4 and LMAES will discuss in good faith whether such assets are used primarily in ReTech's business or primarily in such other business of M4 and accordingly whether or not such assets should constitute Acquired Assets or Excluded Assets for purposes of this Agreement. The foregoing sentence shall not apply to any of the Excluded Assets identified in Section 2.2.

Appears in 2 contracts

Sources: Asset Transfer Agreement (Molten Metal Technology Inc /De/), Asset Transfer Agreement (Molten Metal Technology Inc /De/)