Manufacturing Equipment Sample Clauses

Manufacturing Equipment. Ruthigen may, at any time upon notice to Oculus, purchase one or more units of Manufacturing Equipment, at Ruthigen’s discretion, and Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within sixty (60) days of receipt of payment therefor. (a) Ruthigen shall purchase the Manufacturing Equipment at Oculus’s Cost of Goods plus 20% (the “Equipment Purchase Price”). (b) Promptly upon the Effective Date, Oculus shall disclose and provide to Ruthigen all Oculus Know-how regarding the Oculus Method of Manufacturing and the Ruthigen Method of Manufacturing which is available to Oculus and required for the Manufacture of the Product and Substance. Oculus will promptly deliver to Ruthigen updates to such Know-how as Oculus may own or Control thereafter during the term of this Agreement, including providing access to Oculus key employees and documents. All such information shall be subject to the confidentiality provisions of Article X. Oculus will also provide training and access to Oculus personnel in support of this technology transfer as requested by Ruthigen from time to time, pursuant to the Shared Services Agreement. (c) Ruthigen shall Manufacture the Products in compliance and accordance with current Good Manufacturing Practices and all applicable laws, regulations and approvals. (d) Oculus shall have the right to repurchase the Manufacturing Equipment (i) upon a Change in Control of Ruthigen involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Oculus as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, (ii) upon Ruthigen’s cessation of business, or (iii) upon initiation by Ruthigen of insolvency proceedings; and in each case, at the Equipment Purchase Price less accumulated depreciation. (e) Ruthigen shall have the right to purchase Oculus’ entire inventory of Manufacturing Equipment (i) upon a Change in Control of Oculus involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Ruthigen as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, (ii) upon Oculus’ cessation of business, or (iii) upon initiation by Oculus of insolvency proceedings; and in each case, at the Equipment Purchase Price less accumulated depreciation.

Manufacturing Equipment. Manufacturing Equipment means the equipment generally described in Exhibit C of this Agreement, which includes manufacturing tools, including PV module processing and metrology equipment that are necessary to perform the Manufacturing Operations, in accordance with SILEVO’s specifications and as agreed to by FOUNDATION. The Parties will jointly establish a working group to identify and agree on the specifications and other requirements for the Manufacturing Equipment that will be purchased by FOUNDATION as provided in Section 4.1(c).

Manufacturing Equipment. If MYT owns or develops any Intellectual Property Right which is used to make any piece of equipment that is used in the FOL, MOL and EOL manufacturing processes, whether in Longmont, Colorado, or Nagano, Japan, MYT agrees that it will not refuse to build or sell such piece of equipment to DT if DT requests to purchase it or have it purchased. DT agrees that MYT may use such piece of equipment in other manufacturing lines for other products, so long as such other products are not competitive to DT's products, Products or Finished Products.

Manufacturing Equipment. 17.1 SUPPLIER will purchase the following manufacturing equipment defined below (the IMPLANTER), which is a high energy implanter: 17.2 SUPPLIER will own the IMPLANTER and will be responsible for full installation, connection to existing equipment, testing and qualification of the IMPLANTER at SUPPLIER’s facility. Qualification will be in accordance with a qualification plan mutually agreed upon in writing between SUPPLIER and PI. Qualification shall not be complete until the date PI reasonably agrees in writing that the foregoing qualification plan has been met. 17.3 SUPPLIER shall keep the IMPLANTER in operating condition and available for VOLUME PRODUCTION during the Term of this Agreement. SUPPLIER shall be responsible for the maintenance and operation of the IMPLANTER. SUPPLIER will pay for all repairs of the IMPLANTER. Any repairs should be completed in reasonable time provided, however, that if a repair cannot be completed within [***] ([***]) calendar days from discovery of the need for such repair, then SUPPLIER shall give immediate written notice to PI describing (1) the problem preventing repair in such [***] ([***]) day period, and (2) a firm schedule for completing the repair. 17.4 SUPPLIER shall not modify the IMPLANTER without the prior written approval of PI. SUPPLIER will pay for any modifications of the IMPLANTER. PI shall determine whether the approved modification requires re-qualification of the IMPLANTER. SUPPLIER agrees to re-qualify the IMPLANTER if so determined in accordance with a mutually agreed-to, written qualification plan. Such re-qualification will be at SUPPLIER’s expense. 17.5 Without PI’s prior written consent, SUPPLIER shall not (a) move or relocate the IMPLANTER, (b) lend or transfer it to any third party, or (c) encumber the IMPLANTER with any lien or other security interest, except for the terms and conditions of any grant by the [***]. 17.6 The IMPLANTER will be used for manufacturing WAFERS for PI, and for PI research and development activities. The IMPLANTER will not be used for the benefit of competitors of PI. SUPPLIER will obtain prior written consent of PI for the use of the IMPLANTER for third parties. Such consent will not unreasonably be withheld. The operation of the IMPLANTER for any other use is permitted as long as delivery and FOUNDRY CAPACITY commitments by SUPPLIER to PI are met. ​ ​ ​ ​ 17.7 The requirements of Sections 17.4, 17.5 and 17.6 will expire upon the earlier of the date that SUPPLIER deliv...

Manufacturing Equipment. (a) Ruthigen shall purchase and pay in full for (i) at least One Million Dollars ($1,000,000) of Manufacturing Equipment, upon the Effective Date; (ii) at least One Million Two Hundred Fifty Thousand Dollars ($1,250,000) of additional Manufacturing Equipment, within thirty (30) days following the Effective Date; and (iii) at least Seven Hundred Fifty Thousand Dollars ($750,000) of additional Manufacturing Equipment, within forty five (45) days following the Effective Date (collectively, the “Equipment Purchase Price”). In each case, Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within sixty (60) days of receipt of payment therefor or at such other time as the Parties agree upon orally or in writing.”

Manufacturing Equipment. 10.1 During the Term, LAB shall operate and maintain the Manufacturing Equipment in accordance with good business practice. LAB warrants that its arrangements with Subcontractors shall contain equal obligations for such Subcontractors. 10.2 XXXXXXX shall have the right to enter LAB's and its Subcontractors' facilities in order to (i) inspect the Manufacturing Equipment and (ii) inspect all records relating to the repair, maintenance, servicing and replacement of the Manufacturing Equipment. XXXXXXX shall be given access to such facilities, on reasonable notice, during normal business hours as long as such facilities perform work subject to this Agreement. 10.3 During the Term, LAB shall service, repair, maintain and replace the Manufacturing Equipment as may be necessary to keep the Manufacturing Equipment in good working order.

Manufacturing Equipment. Manufacturing equipment such as models, samples and drawings as well as tools provided to the Supplier by the Customer shall remain the Customer’s property and must be returned to the Customer upon request. The Supplier may only use such manufacturing equipment for the Customer. - Special agreements regarding manufacturing equipment and tools shall prevail.

Manufacturing Equipment. Ruthigen may, at any time upon at least 90 days’ prior written notice to Oculus, purchase one or more units of Manufacturing Equipment, at Ruthigen’s discretion. Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within 90 days of Oculus’ receipt of payment from Ruthigen therefor. However, if there is a third party delay for parts or other components needed to make the Manufacturing Equipment, Oculus may deliver such Manufacturing Equipment beyond the 90 days by the amount of time such part or component was delayed. (a) Ruthigen shall purchase the Manufacturing Equipment at Oculus’s Cost of Goods plus 20% (the “Equipment Purchase Price”').” 7. Amendment to Section 6.13(d). Section 6.13(d) of the License Agreement is hereby deleted in its entirety and the following language is inserted in lieu thereof: “Oculus shall have the right to repurchase the Manufacturing Equipment (i) upon a Change in Control of Ruthigen involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Oculus as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, or (ii) if Ruthigen takes any of the actions listed in Section 14.2(b), or any of the situations listed in 14.2(b) shall have occurred, in any case, at no cost.” 8. Amendment to Section 6.13(e). Section 6.13(e) of the License Agreement is hereby deleted in its entirety and the following language is inserted in lieu thereof: “Ruthigen shall have the right to purchase Oculus’ entire inventory of Manufacturing Equipment (i) upon a Change in Control of Oculus involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Ruthigen as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, or (ii) if Oculus takes any of the actions listed in Section 14.2(b), or any of the situations listed in 14.2(b) shall have occurred, in any case, at the replacement cost of such Manufacturing Equipment.”

Manufacturing Equipment. Manufacturer shall be solely responsible for all costs associated with purchasing and maintaining the equipment, tools, technology, and all other items necessary to manufacture, package, test, store and ship the Finished Product ("MANUFACTURING EQUIPMENT").

Manufacturing Equipment. (a) Until Xxxxxx has completed the Manufacturing Services, AtriCure shall permit Xxxxxx to use the manufacturing equipment which belongs to AtriCure and was purchased hereunder (the “Manufacturing Equipment”) for the supply of Products to AtriCure under this Agreement. THE MANUFACTURING EQUIPMENT IS BEING USED BY XXXXXX “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND FROM ATRICURE. Xxxxxx shall use the Manufacturing Equipment in accordance with its pre-Closing practices. Xxxxxx shall, at its own expense, maintain such equipment in working condition and in good repair, including providing replacement parts, which shall become part of the Manufacturing Equipment. After the completion of the Manufacturing Services, Xxxxxx shall deliver or cause to be delivered to or at the direction of AtriCure , the Manufacturing Equipment in working condition and good repair. Delivery shall be F.O.B. Xxxxxx’x Facility. Xxxxxx shall, at AtriCure’s expense, pack the Manufacturing Equipment for shipment. AtriCure shall pay Xxxxxx the reasonable amount billed for such packing within 15 days after being invoiced therefor. (b) Xxxxxx shall notify AtriCure if an item of Manufacturing Equipment cannot be repaired, but must, in Xxxxxx’x judgment, be replaced to continue to operate. Xxxxxx shall provide AtriCure with information reasonably required by AtriCure to determine if AtriCure wishes to replace such item at AtriCure’s expense, including the price, delivery schedule of replacement equipment and any alternatives to replacement of the equipment which may be available in order for Xxxxxx to maintain its supply to AtriCure of Product under this Agreement; provided, however, that in the event that the need for repair arose from Xxxxxx’x negligence or other wrongful conduct (including failure to maintain the same in accordance with this Agreement), any repair or replacement shall be at Xxxxxx’x expense. Xxxxxx shall comply with AtriCure’s instructions concerning such item. Any such equipment replaced at AtriCure’s expense (or, under the conditions described above, at Xxxxxx’x expense) shall become Manufacturing Equipment.