Production Phases Clause Samples
Production Phases. Seller shall produce Goods as follows in distinct production phases (each, a “Phase”). The Parties shall determine, based on a good faith discussion, (i) whether Seller will build [***] PV Cells, [***] PV Cells, or a combination thereof for each Phase, as applicable, and (ii) the required Module design(s) for each Phase. The Parties will also discuss in good faith whether to [***]. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
Production Phases. (1) The parties acknowledge that development and production of the Product will proceed in two phases:
(a) Phase 1 is the initial development and production up to the point where a viable Product is produced and is ready for market at volumes of 10,000 cards per month.
(b) Phase 2 is the further investment of production capacity.
(2) Phase two will not commence until MiniFAB is satisfied that there is a commercially viable Product and a route to market. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(3) In reaching agreement in respect of capex and NRE for Phase 2, the parties expect that an open book approach to costs will be adopted (or such other risk control as agreed).
Production Phases. For the production phases of the project, Fugro has access to a large number of production resources that can be assigned to perform LiDAR production processes. These resources are located in our main facility in Frederick, Maryland, and other global Fugro offices. Production resources can be ramped up to 3 shifts in order to meet milestone delivery dates if needed. Additionally, our team offers TWDB rapid mobilization of assets and crews in response to emergency or crisis situations. As stated earlier in this proposal, Fugro owns and operates 27 geospatial aircraft, 14 digital imagery sensors and 12 LiDAR sensors - backed by over 1400 geospatial technicians globally. This allows for multiple identical sensor systems to be used for collection, and provides additional back-up resources to be mobilized quickly should the need arise due to inclement weather or equipment malfunction.
