NEW PLANT Clause Samples
The 'NEW PLANT' clause defines the terms and conditions related to the construction, commissioning, or operation of a new facility or manufacturing plant within the scope of the agreement. It typically outlines the responsibilities of the parties regarding the design, build, and start-up phases, and may specify timelines, quality standards, and compliance requirements. This clause ensures that both parties have a clear understanding of expectations and obligations concerning the new plant, thereby reducing the risk of disputes and delays during the project's development.
NEW PLANT. The Company will give consideration to employee applications, before considering applications from others, if the Company establishes a new plant in Southern Ontario.
NEW PLANT. 21:01 In the event that the opening of a new plant or distribution facility of the Company affects the employment of an employee in this bargaining unit, such employee may apply for employment in such new plant or distribution facility prior to the start of its operations, and his application shall receive preference over similar applications from persons outside the bargaining unit. Any employee transferring directly to the new plant or distribution facility without a break in service shall carry his pension, supplemental income plan, insurance, vacation credits and seniority with him.
NEW PLANT. 6.1 Following the Pioneer Plant Commercial Operation Date, for the purpose of manufacturing the quantities of Bio-pX set forth in Article 9.2, the Supplier shall (i) construct the New Plant with a capacity to produce Bio-pX in an annual volume equal to or greater than the New Plant Offtake Volume.
6.2 The Supplier shall be responsible for the design, construction and equipping of, choice of the contractors for, financing of and performance of all other necessary actions to build and operate, the New Plant (including but not limited to obtaining all necessary permits and complying with all Applicable Laws) and shall bear all costs and expenses therefor.
6.3 From and after the New Plant Start Date, the Supplier shall commence and continue the manufacture of Bio-pX at the New Plant in an annual volume equal to or greater than the New Plant Offtake Volume, within the timeframe and various milestones set forth in Appendix 4 with respect to the New Plant.
6.4 The Supplier shall keep Pepsi regularly informed about the progress made and any material events in relation to the construction of the New Plant through regular periodic progress reports. In particular, the Supplier shall provide appropriate documentation to Pepsi evidencing the completion of each of the milestones set forth in Appendix 4 with respect to the New Plant.
6.5 In the event that the Supplier obtains actual knowledge at any time that there exists a substantial likelihood (as reasonably determined by the Supplier) that any milestone set forth in Appendix 4 with respect to the New Plant may not be met, (i) the Supplier shall promptly notify Pepsi thereof and provide Pepsi with a reasonable estimate of the new expected timeline and a reasonable description of the measures the Supplier intends to take to ensure that the New Plant Commercial Operation Date shall occur on or before the New Plant Long Stop Date and the first delivery to Pepsi of Bio-pX produced by the New Plant shall occur on or before the New Plant Bio-pX Long Stop Date; and (ii) then unless otherwise agreed in writing by the Parties, this Agreement shall terminate automatically and immediately on the New Plant Long Stop Date, without further liability for either Party, except as otherwise provided in Articles 19, 20 and 22.
6.6 In the event that the Supplier obtains actual knowledge at any time that there exists a substantial likelihood (as reasonably determined by the Supplier) that either (i) the New Plant Commercial Operation Date...
NEW PLANT. 6.1 Following the Commercial Operation Date Pioneer Plant, the Supplier shall use reasonable commercial efforts to construct (or arrange for the construction of) a New Plant on or before the Expected Commercial Operation Date New Plant.
6.2 The New Plant shall produce, out of its entire production, the required CMF to produce at least [***] of Bio-pX or FDCA per annum. The New Plant shall be capable of producing commercial quantities of [***] carbonaceous bio-content based CMF from [***] Nestlé Waters Qualified Feedstocks capable of being converted in [***] carbonaceous bio-content based Bio-pX or FDCA. The expected costs of production of the New Plant are set forth in the parametric pricing charts, which are based on the Supplier’s anticipated technology and are attached as Appendix 14.
6.3 Nestlé Waters and the Nestlé Waters Affiliates shall have the right to direct that the Supplier and the Supplier Affiliates source the agreed quantities of Products as set out in Article 9 to be supplied pursuant to this Offtake Supply Agreement from the New Plant, rather than from the Pioneer Plant. The terms and conditions, including the price, for such Products shall remain unchanged (unless Nestlé Waters elects to utilize bio-ethylene, in which case the provisions of Article 7.1.5 will apply).
6.4 Prior to the New Plant Long Stop Date but no later than [***] after the execution of this Offtake Supply Agreement, a LCA will be performed by a qualified and professional third party selected by the Supplier and approved in writing by Nestlé Waters within [***] from the effective date of this Offtake Agreement. Nestlé Waters expects that such LCA shall demonstrate through modelling that the following criteria for Products supplied from the New Plant are met: • For Bio-PET: reduction of the GHG emissions and Non Renewable Energy Use by at least [***], as compared with the ones for 100% oil-based PET /(Ref. PlasticsEurope 2010); • For Bio-PEF: reduction of the GHG emissions and Non Renewable Energy Use by at least [***], as compared the equivalent for 100% oil-based PET (using as a reference PlasticsEurope 2010); • The agro-related indicators such as “Water consumption”, “Ecosystems quality” (Eutrophication, acidification, Ecotoxicity) and “Land Use” for the Bio-PET and Bio-PEF from the New Plant shall be better (or at least have no statistically significant differences) (taking into account the uncertainties and the local water and land availability) compared to the equiv...
NEW PLANT