Expanded Capacity Sample Clauses

Expanded Capacity. In the event the Foundation desires additional expanded capacity beyond the Aggregate Minimum Supply, the Foundation may at its full discretion request a proposal from Company detailing whether and how Company would meet such increased capacity and Company will respond promptly and in good faith with such a proposal; provided, however, that nothing in this paragraph is or will be deemed a promise of future funding and any such proposal is subject to all internal reviews, processes and approvals by the Foundation and any applicable laws and regulations, and any such proposal or future funding must be reflected in a definitive written agreement between the Parties. Nothing in this GACA is a promise or obligation for either Party to enter into any future agreement.
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Expanded Capacity. (a) Toshiba and SanDisk intend to meet demand for increased capacity by equally investing in, and jointly building (except for the expansion of the Yokkaichi facility, unless otherwise agreed upon by Toshiba and SanDisk ), and sharing, on equal or substantially equal terms, equal amounts of new capacity for NAND Flash Memory Products. SCHEDULE 7.03(A) sets forth a list in order of priority of expanding the manufacturing capacity of NAND Flash Memory Products. Initially, Toshiba shall be allocated NAND Flash Memory Product capacity of * L/M and SanDisk shall be allocated NAND Flash Memory Product manufacturing capacity of * L/M at the Yokkaichi facility. Module II shall be constructed with a targeted maximum manufacturing capacity for NAND Flash Memory Products of * L/M, to be allocated to Toshiba and SanDisk on an equal basis. Toshiba shall have the right, in its sole discretion, to expand the manufacturing capacity for NAND Flash Memory Products of the Yokkaichi facility, by up to a maximum of * L/M; PROVIDED, THAT, SanDisk shall have the right to have allocated up to * of any such expanded capacity so long as SanDisk commits to load such additional capacity for six (6) months, and provided, further, that Toshiba may, in its sole discretion, decrease the manufacturing capacity of the Yokkaichi facility, subject to Section 8.02(b). (b) Once Module II has achieved NAND Flash Memory Products manufacturing capacity of * L/M, and after such time as the Yokkaichi facility has achieved NAND Flash Memory Products manufacturing capacity of * L/M, the Management Committee will determine whether to convert all or a portion of DSC Module I to the production of NAND Flash Memory Products at a targeted maximum capacity to be determined by the Management Committee, not to exceed * L/M, or whether to establish another facility with capacity to manufacture NAND Memory Products at a targeted capacity to be determined by the Management Committee, not to exceed * L/M. SanDisk shall have the option to commit to an allocation of such converted capacity to manufacture NAND Flash Memory Products, up to a maximum of * L/M. In considering the conversion of DSC Module I, the Management Committee will discuss the possible sale of a fifty percent interest in DSC Module I to SanDisk. Notwithstanding the foregoing, SanDisk's purchase of the DSC Module I interest is not a condition to the conversion of DSC Module I to manufacturing NAND Flash Memory Products; PROVIDED, THAT, if no DSC M...
Sample 1
Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US[***] for each additional twenty (20) MMGY of design capacity (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within thirty (30) days after delivery of such engineering package. Licensee will pay Mascoma an amount equal to one-half (1/2) of the corresponding Expanded Capacity License Fee minus the Expanded Capacity Engineering Fee within thirty (30) days after mechanical completion of the Expanded Capacity. Within thirty (30) days of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay the remaining one-half (1/2) of the corresponding Expanded Capacity License Fee provided, however, that such remaining amount shall be subject to reduction by the amount by which such Expanded Capacity License Fee may be reduced pursuant to Section 3.2 of Exhibit 2.3(e). The Expanded Capacity License Fee will be calculated on a pro rata basis; thus, for example, if Licensee only adds an additional ten (10) MMGY, it will be responsible for an Expanded Capacity License Fee equal to US[***]. Such additional fee will also include the same commitments from Mascoma in this Agreement including without limitation the supply of Organisms without additional fees or costs for the Expanded Capacity. But, in all instances, the Expanded Capacity License Fee will be proportionally adjusted based upon the design Expanded Capacity increase.
Sample 1
Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US$[***] (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within [***] after delivery of such engineering package. Licensee will pay Mascoma an amount equal to [***]. Within [***] of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay [***].
Sample 1
Expanded Capacity. 17 SECTION 7.04
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Expanded Capacity 
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Related to Expanded Capacity

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • Local Circuit Switching Capability, including Tandem Switching Capability 4.1.3.1 Definition 4.1.3.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for <<customer_name>> when <<customer_name>> serves end-users with four (4) or more voice-grade (DS-0) equivalents or lines in locations served by BellSouth’s local circuit switches, which are in the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA, and BellSouth has provided non-discriminatory cost based access to the Enhanced Extended Link (EEL) throughout Density Zone 1 as determined by NECA Tariff No. 4 as in effect on January 1, 1999. 4.1.3.3 In the event that <<customer_name>> orders local circuit switching for a single end user account name at a single physical end user location with four (4) or more 2-wire voice-grade loops from a BellSouth central office in an MSA listed above, BellSouth shall charge <<customer_name>> the market based rate in Exhibit C for use of the local circuit switching functionality for the affected facilities. 4.1.3.4 A featureless port is one that has a line port, switching facilities, and an interoffice port. A featured port is a port that includes all features then capable or a number of then capable features specifically requested by <<customer_name>>. Any features that are not currently then capable but are technically feasible through the switch can be requested through the NBR/BFR process. 4.1.3.5 BellSouth will provide to <<customer_name>> customized routing of calls: (i) to a requested directory assistance services platform; (ii) to an operator services platform pursuant to Section 10 of Attachment 2; (iii) for <<customer_name>>’s PIC’ed toll traffic in a two (2) PIC environment to an alternative OS/DA platform designated by <<customer_name>>. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers. 4.1.3.6 Remote Switching Module functionality is included in Switching Capability. The switching capabilities used will be based on the line side features they support. 4.1.3.7 Switching Capability will also be capable of routing local, intraLATA, interLATA, and calls to international customer’s preferred carrier; call features (e.g. call forwarding) and Centrex capabilities. 4.1.3.8 Where required to do so in order to comply with an effective Commission order, BellSouth will provide to <<customer_name>> purchasing local BellSouth switching and reselling BellSouth local exchange service under Attachment 1, selective routing of calls to a requested directory assistance services platform or operator services platform. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers, but obtain a <<customer_name>> branded service.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Authority and Capacity Contractor and Contractor’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

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