JV BiCS Space. The Parties acknowledge that each of the JVs has the right to invest in and secure production capacity and/or cleanroom space in the Y6 Facility for the production of JV BiCS Products. The definition of “JV BiCS Space,” as defined in the New Y2 Agreement, is hereby amended to include the cleanroom space in the Y6 Facility actually so utilized by the JVs for production of BiCS Products at any time. In the event of an expiration or dissolution of a JV or termination of a JV Master Agreement for any reason, without any **** 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. limitation on TMC’s use or disposal of the facilities or assets of such JV, each Parent Party shall consider in good faith potential negative impacts on the remaining JVs’ respective production capacities and utilization of their respective JV Space in the Yokkaichi Facility.
JV BiCS Space. The Parties acknowledge that each of the JVs has the right to invest in and secure production capacity and/or cleanroom space in the Y6 Facility for the production of JV BiCS Products. The definition of “JV BiCS Space,” as defined in the New Y2 Agreement, is hereby amended to include the cleanroom space in the Y6 Facility actually so utilized by the JVs for production of BiCS Products at any time. In the event of an expiration or dissolution of a JV or termination of a JV Master Agreement for any reason, without any limitation on TMC’s use or disposal of the facilities or assets of such JV, each Parent Party shall consider in good faith potential negative impacts on the remaining JVs’ respective production capacities and utilization of their respective JV Space in the Yokkaichi Facility.
JV BiCS Space. The Parties acknowledge that each of the JVs has the right to invest in and secure production capacity and/or cleanroom space in the New Y2 Facility, the Y3 Facility, the Y4 Facility and the Y5 Facility for the production of JV BiCS Products (the cleanroom space actually so utilized for production of BiCS Products at any time, such JV’s “JV BiCS Space”). In the event of an expiration or dissolution of a JV or termination of a JV Master Agreement for any reason, without any limitation on Toshiba’s use or disposal of the facilities or assets of such JV, each Parent Party shall consider in good faith potential negative impacts on the remaining JVs’ respective production capacities and utilization of their respective JV Space in the Yokkaichi Facility.
