CHANGE PARTS AND BREWERY MODIFICATIONS. The Parties anticipate that production of Other Products or the use of new Packaging Materials may require changes or modifications to High Falls's brewing equipment and facilities, or the installation of new equipment by High Falls to accommodate Other Products or new Packaging Materials. Subject to the obligations of Boston Beer and High Falls under Subparagraph 1(a) of this Agreement, High Falls shall have no obligation to make any modifications to its equipment or facilities to accommodate the production of the Products unless agreed to by High Falls in writing. If the change parts, modifications or new equipment required to produce any Other Products or use any new Packaging Materials would, in High Falls's reasonable judgment, have a material adverse impact on High Falls's operations, including without limitation, space availability, plant capacity, or cost of production, then High Falls shall not be required to produce any such Other Products or use any such new Packaging Materials. If High Falls determines that the required changes, modifications or new equipment would not have a material adverse impact, then the allocation of cost, ownership and the other terms and conditions relating to such change parts, modifications or new equipment shall be determined as provided herein:
CHANGE PARTS AND BREWERY MODIFICATIONS. Except as otherwise provided in Section 4 and 5 of this Agreement in connection with a Closure, Boston Beer will pay for all change parts and Brewery modifications that are unique to running Boston Beer's package Beer Products, provided that (i) Xxxxx does not have such parts existing at the Brewery in question, and (ii) Xxxxx notifies Boston Beer in advance of making any such expenditures. Boston Beer shall be entitled to be reasonably compensated for any such investment, whether made prior to or after the date hereof, to the extent that any change parts and/or modifications are used in the production of products other than Beer Products, such compensation to be as agreed from time to time to time by
CHANGE PARTS AND BREWERY MODIFICATIONS. 10 10. TERMINATION. .................................................... 11
CHANGE PARTS AND BREWERY MODIFICATIONS. (a) The Parties anticipate that production of Other Products or the use of new Packaging Materials may require changes or modifications to FBC's brewing equipment and facilities, or the installation of new equipment by FBC to accommodate Other Products or new Packaging Materials. Subject to the obligations of MOJO and FBC under Section 1(b) of this Contract Brewing Agreement, FBC shall have no obligation to make any modifications to its equipment or facilities to accommodate the production of the Product unless agreed to by FBC in writing. If the change parts, modifications or new equipment required to produce any Other Products or use any new Packaging Materials would, in FBC's reasonable judgment, have a material adverse impact on FBC's operations, including without limitation, space availability, plant capacity, or cost of production, then FBC shall not be required to produce any such Other Products or use any such new Packaging Materials. If FBC determines that the required changes, modifications or new equipment would not have a material adverse impact, then the allocation of cost, ownership and the other terms and conditions relating to such change parts, modifications or new equipment shall be determined as provided herein.
CHANGE PARTS AND BREWERY MODIFICATIONS. (a) The Parties acknowledge and agree that High Falls has, as of the Effective Date, the equipment capable of producing [*] in accordance with specifications which have been provided to High Falls by Boston Beer.
CHANGE PARTS AND BREWERY MODIFICATIONS. Boston Beer will pay for * , provided that Schoenling notifies Boston Beer in advance of making any such expenditures; and provided further that Boston Beer hereby acknowledges its obligations to pay for such expenses incurred by Schoenling prior to the Effective Date. Boston Beer shall own all * paid for by Boston Beer and Schoenling shall allow Boston Beer to remove all such * at the termination or expiration of this Agreement, provided that Boston Beer shall restore, or reimburse Schoenling for its cost to restore Schoenling's equipment or facilities to their condition prior to the installation of such * , ordinary wear and tear excluded. The cost and ownership of any change parts or brewery modifications that can also be used by Schoenling to produce its own products shall be allocated between Schoenling and Boston Beer by prior written agreement. Schoenling agrees to execute an appropriate UCC financing statement to reflect Boston Beer's ownership of any change parts or brewery modifications owned by Boston Beer. Schoenling shall have no obligation to make any modifications to its equipment or facilities to accommodate the production of Products unless agreed to by Schoenling in writing.
CHANGE PARTS AND BREWERY MODIFICATIONS. Boston Beer will pay for all Change Parts and Brewery modifications that are unique to running Boston Beer's packaged Beer Products, provided that City Brewing does not have such parts existing at the Brewery in question, Boston Beer shall retain ownership and title to the Change Parts and Boston Beer will have the responsibility to pay for any materials and repairs required to keep the Change Parts functioning to specifications. The Change Parts shall not be used in the manufacture of products other than those listed in Exhibit A or otherwise authorized in writing by Boston Beer.
CHANGE PARTS AND BREWERY MODIFICATIONS. (a) The cost to Matt for routine and customary preventive maintenance labor services for equipment not unique to producing Products (i.e., that Matt uses for its own production as well) has been and will be included in determining the Fixed Charge.
CHANGE PARTS AND BREWERY MODIFICATIONS. (a) Provided that Boston Beer has given its written approval in advance of the purchase, Boston Beer will reimburse CBC for the initial capital investment in machinery and equipment required to be made by CBC in the Latrobe Brewery to make such facility capable of brewing and packaging the beer Products that meet the Boston Beer Brewing Standards in accordance with the provisions of this Agreement up to an aggregate of [*]. In addition, at Boston Beer's sole discretion, Boston Beer may, at any time during the term of this Agreement, reimburse CBC in the amount of [*] for a portion of CBC's capital investment in machinery and equipment that is required to produce Boston Beer's [*] Products that meet Boston Beer Brewing Standards in accordance with the provisions of this Agreement. If Boston Beer makes this additional investment of [*], there will be a corresponding reduction of the Fee as set forth in Exhibit B. (All such machinery and equipment so paid for by Boston Beer shall be referred to as the "Equipment.")
CHANGE PARTS AND BREWERY MODIFICATIONS. Boston Beer will pay for all change parts and Brewery modifications that are unique to running Boston Beer's packaged Beer Products, provided that (i) City Brewing does not have such parts existing at the Brewery in question, and (ii) City Brewing notifies Boston Beer in advance of making any such expenditures. Boston Beer shall be entitled to be reasonably [*] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. compensated for any such investment, whether made prior to or after the date hereof, to the extent that any change parts and/or modifications are used in the production of products other than Beer Products, such compensation to be as agreed from time to time to time by City Brewing and Boston Beer.
