Common use of Supply of Equipment and Instrumentation Clause in Contracts

Supply of Equipment and Instrumentation. Subject to reimbursement under the Commercialization Agreement (if applicable), during the Demonstration Phase and in accordance with the Development Plan, Genomatica shall supply all equipment and instrumentation required to be supplied by Genomatica under the Development Plan. The Genomatica-supplied equipment and instrumentation shall be installed at the Demonstration Facility. Genomatica shall own all right, title and interest in and to the […***…] supplied by Genomatica (the “Specified Equipment”), and T&L shall own all right, title and interest in and to […***…] (the “Other Equipment”). Maintenance and repair of the Specified Equipment and the Other Equipment shall be provided for in the Services Agreement (DP). If this JDA terminates and the Parties do not enter into a Commercialization Agreement, T&L will have thirty (30) days after the termination of this JDA to determine whether T&L desires to retain ownership of any Other Equipment. With respect to any Other Equipment that T&L elects to retain ownership of, Genomatica shall be entitled to a credit equal to […***…]% of the supply cost of such Other Equipment against any goods and/or services provided by T&L to Genomatica under any Services Agreement and/or the Corn Processing Agreement. Genomatica, at its sole cost and expense (including repair costs), shall remove from the Demonstration Facility within two months after the termination of this JDA any Specified Equipment and any Other Equipment which T&L elects not to retain ownership of, with Genomatica acquiring all of T&L’s right, title and interest in and to any such Other Equipment upon removal and payment in accordance with the foregoing. In the event that Genomatica does not remove any such Specified Equipment or Other Equipment within two months after the termination of this JDA, T&L shall have the right to remove such equipment and Genomatica shall promptly reimburse T&L for the cost of removal thereof.