Commercial Plants definition
Examples of Commercial Plants in a sentence
The Parties will jointly develop as needed (a) one or more fully engineered and fully-integrated Commercial Plant designs that will utilize Gevo’s Process on a commercial scale for new Commercial Plants, and (b) one or more fully engineered designs to retrofit an existing […***…] facility.
Further, fees payable for Commercial Plants prior to the termination of exclusivity shall remain unaffected by the termination of the exclusivity.
To the extent that the engineering and design for Commercial Plants incorporate ICM’s Process Technology, ICM will retain ownership to the intellectual property rights associated with such designs.
For future engineering services for all other Commercial Plants, the Parties acknowledge that it may be necessary to engage outside engineering firms as approved or requested by Gevo in the event that (i) ICM is unable to meet the reasonable schedule demands of Gevo, (ii) it is mutually determined that ICM does not possess the particular expertise for a specific scope of work, or (iii) the Parties otherwise mutually agree.
To the extent that the engineering and design for Commercial Plants incorporate ICM Background IP, ICM will nonetheless retain ownership to the intellectual property rights to the ICM Background IP incorporated into such engineering and designs.
If requested by Gevo, ICM will agree to provide start-up commissioning services and initial training to Commercial Plants […***…].
Any such new or retrofit ICM designed plant […***…] the Process in […***…] shall be considered a “Commercial Plant” and collectively, “Commercial Plants.” Further, ICM will be the exclusive engineering services provider for the Commercial Plants for Gevo or, at Gevo’s discretion, for Gevo’s licensees.
It is specifically contemplated that certain portions of any new Commercial Plants will be identical or substantially similar to ICM’s Process Technology.
For purposes of clarity, following the termination of the exclusivity of ICM, the $[…***…] fee shall still be payable for the retrofit of Commercial Plants that use ICM Process Technology.
Any such new or retrofit plant […***…] the Process in […***…] shall be considered a “Commercial Plant” and collectively, “Commercial Plants.” Further, subject to the remaining terms hereof, ICM will be the exclusive engineering services provider for the Commercial Plants for Gevo or, at Gevo’s discretion, for Gevo’s licensees.