Capital Investments. The Customer shall comply with the recordkeeping, recording and reporting requirements specified in the Appendix to this Schedule B.
Capital Investments. Vendor assumes the full and complete risk of any capital investment it makes to enable or to enhance its capabilities to perform under this Agreement.
Capital Investments. This factor is generally not applicable to FEGLI Pro- gram contracts because facilities cap- ital cost of money may be an allowable administrative expense. Generally, this factor will be given a weight of zero. However, special purpose facilities or investment costs of direct benefit to the FEGLI Program that are not recov- erable as allowable or allocable admin- istrative expenses may be taken into account in assigning a plus weight.
Capital Investments. Vendor assumes the full and complete risk of any capital investment Vendor makes to enable or to enhance its capabilities to serve Division and to provide Products and Services to Purchasers under this Agreement. In no event will Division, any Facility, or any Purchaser assume any financial or other risk associated with capital investments made by Vendor as a result of or related to this Agreement.
Capital Investments. Vendor assumes the full and complete risk of any capital investment Vendor makes to enable or to enhance its capabilities to serve HPG and to provide Products and Services to Purchasers under this Agreement. In no event will HPG, any Participant, or any Purchaser assume any financial or other risk associated with capital investments made by Vendor as a result of or related to this Agreement.
Capital Investments. The Company has not entered into and will not enter into any material capital investment or commitment in excess of $3,000 in aggregate or any major transaction as that term is defined in section 129(2) of the Companies Xxx 0000;
Capital Investments. (a) Seller shall be responsible at its sole cost and expense for maintaining and refurbishing [ * * * ] tooling and parts in use as of the Commencement Date to support PCAM’s Annual Forecast, including but not limited to blow molds, injection molds and labeler personal parts.
(b) Seller shall be responsible for procuring [ * * * ] new tooling and parts required to support PCAM’s Annual Forecast as configured on the Commencement Date, as well as [ * * * ] new tooling and parts and other capital expenditures required to support new, incremental business, with the exception of capital required for new manufacturing lines to expand capacity which shall be subject to mutually-agreed terms.
(c) Seller shall fund capital expenditures for equipment, tooling and parts required to support changes in the Annual Forecast as configured on the Commencement Date, which does not accompany incremental volume (for example, a design change to an existing package), throughout the Term (the “Equipment”). Subject to Seller’s receiving PCAM’s express written prior consent to proceed with such capital expenditures, PCAM shall [ * * * ] (“Cost of Capital” shall be defined as: compound interest at [ * * * ] plus [ * * * ] basis points for payback periods less than or equal to [ * * * ] or [ * * * ] percent for payback periods greater than [ * * * ]); however Seller’s recovery of capital expenditures shall not exceed [ * * * ] months for blow molds and labeler personal parts, and [ * * * ] months for injection tooling. Unamortized Seller capital expenditures and unrecovered Seller Cost of Capital shall be due and payable within thirty (30) days of the Expiration Date unless the Parties mutually agree otherwise.
(d) If Seller should so purchase and if PCAM should so reimburse, then PCAM shall have the right to the disposition of the Equipment as follows:
(i) If the Equipment does not contain Seller’s intellectual property and if Seller no longer requires the Equipment to fulfill its supply obligations to the Buyers under this Agreement, then Seller shall, upon PCAM’s written request and at PCAM’s expense, transfer title and possession of the Equipment to any entity designated by PCAM and allow PCAM, or its designee, access to the Equipment during Seller’s business hours in order for the Equipment to be removed from Seller’s premises.
(ii) If the Equipment contains Seller’s intellectual property, which Seller shall have specifically described to PCAM in writing prior to placing a purc...
Capital Investments. (a) Subject to clauses (b)-(c) hereto, Limited Brands shall have the right from time to time to make such capital investments as one or more of the Limited Entities deems reasonably necessary to support performance of the Services. Costs incurred by Limited Brands in connection with such capital investments (including without limitation transportation and installation costs) (“Capital Investments”, and each a “Capital Investment”) shall be part of the Service Costs (in addition to any Service Costs determined pursuant to any of the billing methods described in Section 3.01(a) hereof), it being agreed that there shall be no allocation of any of the Limited Entities’ internal costs, and no xxxx-up with respect to any Capital Investment) and shall be reimbursed by the Company pursuant to the procedures set forth in Section 3.09(c).
Capital Investments. Within ten (10) days of [***].
Capital Investments. Capital investments for development or Manufacturing of the Devices will be made by the Parties based upon the Forecast and Five-Year Forecast discussed in Section 5.1 and recommendations of the Committee. In the event that capital investments for the Devices are incurred by either Party, relying on such information, and the actual Device quantity requirements are less than anticipated leading to idle equipment, the Parties will equally share in the cost of this equipment to the extent that it cannot be utilized for other uses by Lilly. Lilly will initially fund all capital costs related to its activities under this Agreement. The initial investment made by Lilly for the capital assets will be depreciated and included in the Actual Manufacturing Costs or Device Development Costs as contemplated in Article 1 of this Agreement.
