Cargill agrees to perform the services to develop or modify CB1 to produce succinic acid and salts thereof using dextrose (defined as glucose) and/or sucrose as the fermentation feedstock (“Work Plan”). The Work Plan is more fully described in Exhibit A, which is hereby incorporated by reference into this Development Agreement. CB1 that has been further developed or modified (or the like) under the Work Plan shall be referred to as “Modified CB1”. Any changes to the Work Plan must be in writing and signed by both Cargill and Bioamber and may be subject to incremental fees depending on resource requirements.
Cargill and TAI hereby agree that they each will keep the terms and conditions of this Agreement confidential and proprietary, will only disclose the contents of this Agreement with those of their employees and others who are on a need-to-know basis, and will ensure that reasonable procedures are implemented to maintain the confidential nature of this Agreement with care equal to that given to confidential information of its own respective business, but in no event less than a reasonable degree of care. Cargill and TAI assume liability for any breach of this Article by it or any of its employees, agents or representatives. The obligations set forth in this Article shall survive any termination of this Agreement.
Cargill and the EPC Parties each represent, warrant and agree to the other that, as of the Effective Date and at all times during the term of this Agreement, (a) it is (and will be) a corporation duly incorporated, validly existing and in good standing under the laws of the state of its incorporation, with full power, right and authority to own its properties and conduct its business as now being conducted and to execute, deliver and perform its obligations under this Agreement, (b) the execution, delivery and performance by it of this Agreement has been duly authorized by all necessary corporate action, requires no action by or in respect of, or filing with, any governmental authority and does not (and will not) contravene, or constitute a default under, any provision of applicable law, rule or regulation or its constitutional documents or any contract or agreement, judgment, injunction, order, decree or other instrument binding upon it, and (c) this Agreement is the legal, valid and binding obligation of it, enforceable against it in accordance with its terms.
Cargill agrees to perform the services to develop or modify CB1 to produce succinic acid and salts thereof [***] (“Work Plan”). The Work Plan is more fully described in Exhibit A, which is hereby incorporated by reference into this Development Agreement. CB1 that has been further developed or modified (or the like) under the Work Plan shall be referred to as “Modified CB1”. Any changes to the Work Plan must be in writing and signed by both Cargill and Bioamber and may be subject to incremental fees depending on resource requirements.
Cargill. Cargill has requested clarification respecting the 2-to-1 status of its soybean processing and refining facility at Sidney, OH.
