Common use of Ramp Flexibility Clause in Contracts

Ramp Flexibility. When [***] initiates one or more [***], such that the total capacity of [***] will be [***] than [***] in Y5 [***] may execute one or more [***] under the following conditions [***] (i) [***]. The [***] Party will commit to utilize or release to [***] all or a portion of its Phase I space as set forth below [***] capacity as adjusted [***] for any space that has been released by[***]:: (A) The [***] Party will commit to utilize or release [***] all or a portion of its Phase I space at the time of, and for the inclusion in, an annual or amended Business Plan, taking into account the results of [***], available resources, and the time required to effect the necessary ramp-up, among other relevant factors; provided, that neither Party shall have any right to [***] of the Parties to agree with respect to [***]; provided, further, that the [***] shall commit to utilize or release all or a portion of the [***] Phase I space [***] no later than [***] prior to the Phase II building target completion date as set forth in the Phase II Construction Plan Notice (as defined below); provided, that no further [***] shall apply in Phase I. Toshiba may issue a notice of its intention to pursue Phase II construction (a “Phase II Construction Plan Notice”) [***] such notice shall include the target building completion date for Phase II. If and to the extent that, on the date when the [***] delivers [***] with respect to the [***] required for it [***] as adjusted for any [***] that has been [***] by the [***] Party, the [***] in Phase I [***] such [***] space of the [***] Party shall be deemed [***]. (B) The [***] Party will complete the ramp [***] space no later than [***] after the [***] Party fully [***], unadjusted for any [***] by the [***] Party; provided, however, that the [***] shall be [***] by that [***] between the Parties’ start and completion of [***].

Ramp Flexibility. When [***] * initiates one or more [***]*, such that the total capacity of [***] * will be [***] * than [***] * in Y5 [***] * may execute one or more [***] * under the following conditions [***]* (i) [The ***]. The [***] * Party will commit to utilize or release to [***] * all or a portion of its Phase I space as set forth below [***] * capacity as adjusted [***] * for any space that has been released by[***]:*: (A) The [***] * Party will commit to utilize or release [***] * all or a portion of its Phase I space at the time of, and for the inclusion in, an annual or amended Business Plan, taking into account the results of [***]*, available resources, and the time required to effect the necessary ramp-up, among other relevant factors; provided, that neither Party shall have any right to [***] * of the Parties to agree with respect to [***]*; provided, further, that the [***] * shall commit to utilize or release all or a portion of the [***] * Phase I space [***] * no later than [***] * prior to the Phase II building target completion date as set forth in the Phase II Construction Plan Notice (as defined below); provided, that no further [***] * shall apply in Phase I. Toshiba may issue a notice of its intention to pursue Phase II construction (a “Phase II Construction Plan Notice”) [***] * such notice shall include the target building completion date for Phase II. If and to the extent that, on the date when the [***] * delivers [***] * with respect to the [***] * required for it [***] * as adjusted for any [***] * that has been [***] * by the [***] * Party, the [***] * in Phase I [***] * such [***] * space of the [***] * Party shall be deemed [***]*. (B) The [***] * Party will complete the ramp [***] * space no later than [***] * after the [***] * Party fully [***]*, unadjusted for any [***] * by the [***] * Party; provided, however, that the [***] * shall be [***] * by that [***] * between the Parties’ start and completion of [***]*. **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (ii) Phase II Ramp. The **** Party will commit to utilize or release to **** all or a portion of its **** prior to the date on which the **** Party **** which will result in ****, and no further **** shall apply in Phase II. The **** Party will complete its **** no later than **** after the **** Party fully ****. (iii) In the event that any of the events that trigger **** by the **** Party to commit or release ****, as applicable, pursuant to **** above is unreasonably ****, then the **** Party may **** commit to or release such ****, as applicable,****; provided, that no such right of the **** Party ****arise in the case where **** by reason of the **** Party’s **** space subject the ****. (iv) Prior to implementing any ****, the **** Party must first propose such **** for implementation pursuant to ****. Solely in the event that **** refuses to consent to such **** and/or the **** does not agree with the **** Party on the **** may the **** Party proceed *****. Unless otherwise agreed by the Parties, only the **** Party shall have the right **** by placing **** space in the applicable phase that the **** Party has committed to utilize ****. At the end of either the Phase I **** or the Phase II ****, as applicable, any **** space **** subject to the general rules ****.