Refined Biomass Specification; Specification Changes Sample Clauses

Refined Biomass Specification; Specification Changes. (a) The parties agree that promptly following the Restatement Effective Date, Martek and DSM will undertake an analysis of historical data relating to Biomass and Finished Oil in order to enable the parties to add to or edit the parameters, limits, ranges and/or methods as appropriate to refine the Biomass Specifications in the form attached hereto as Schedule 2.16 so that they more closely define the composition of Biomass actually received by Martek from DSM that has satisfied all quality testing and analysis, produced Finished Oil meeting the Finished Oil Specifications and that meets all regulatory and customer requirements, including those relating to analytical, sensory and stability requirements of Finished Oil (the “Refined Biomass Specifications”). Following the completion of the foregoing, which is expected to take up to approximately *, Martek, in consultation with DSM, will define and deliver to the Committee the proposed Refined Biomass Specifications. The Committee shall have thirty (30) days thereafter during which it may accept the proposed Refined Biomass Specifications as final or agree on changes necessary to finalize the Refined Biomass Specifications. If the Committee fails to accept or to reach agreement on final Refined Biomass Specifications within such thirty (30) day period, the disagreement will be deemed to be a Disputed Fact and will be resolved according to the provisions set forth in Section 8.6(a). The final Refined Biomass Specifications will not be considered a Specification change pursuant to Section 4.3(b) unless they include changes that require adjustments to DSM’s then current manufacturing process, in which case the Committee shall determine the impact that DSM’s adherence to the Refined Biomass Specifications will have on the Agreed Price, the Martek Cost and delivery dates applicable to ARA Products produced in accordance with the Refined Biomass Specifications. The final Refined Biomass Specifications that are accepted and/or agreed to in accordance with the foregoing provisions shall replace the Specifications currently attached as Schedule 2.16 and serve as the Specifications for Biomass for the remaining term of this Restated Agreement, subject to any changes made pursuant to the process described in Sections 4.3(b) and 4.4. If applicable, the form of certificate of analysis for Biomass shall be updated to be consistent with the Refined Biomass Specifications and shall replace the certificate of analysis form a...
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Related to Refined Biomass Specification; Specification Changes

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