Food Service Disposables means any disposable, single use product, container, apparatus, device or equipment for packaging, storing, portioning, serving or dispensing food or beverages intended for consumption within a short period of time (less than twenty four hours), which incorporate in whole or in part any portion of the Technology and, to the extent not otherwise excepted or excluded, are encompassed in those items included within the scope of the Disposal Product Categories set forth in the Clinton Associates 1994 DISTRAK Five study of Disposables Utilization in Food Services Segments (hereinafter referred to as the "DISTRAK V Study"), including all products specifically set forth therein. Any product that has substantially the same shape, composition, mixture and functional properties as a product within the scope of the definition of Food Service Disposables shall be considered within the scope of such definition no matter the manner in which that product is used, unless expressly excepted below. Notwithstanding any other provision of this Agreement, the parties agree that the following items shall not be within the scope of the definition of "Food Service Disposables" or otherwise licensed under this Agreement: (i) sealed containers for the long-term storage of liquids whether for single or multiple portions (e.g., soft drink cans, milk cartons, sealed juice or drink containers), except that single service (e.g., 16 ounces or less) milk-containing cartons shall be within the scope of Food Service Disposables; (ii) boxes or containers for the long-term storage of single or multiple servings of foods or which are designed to extend the shelf life of foods beyond same-day consumption (e.g., dry cereals boxes, egg cartons, prepackaged frozen food containers and packaging, dairy product containers, produce containers, condiment packaging, and meat and deli trays); (iii) aseptic or sealed packaging; (iv) all secondary packaging (e.g., corrugated containers and paper bags); and (v) wrapping products for consumer use. By way of illustration, Exhibit H hereto provides a noncomprehensive, noninclusive list of items within the definition of "Food Service Disposables" hereunder and also a noncomprehensive, noninclusive list of items that fall outside the definition of "Food Service Disposables" hereunder. Exhibit H hereto shall control in the event of any conflict between it and the DISTRAK V Study. In the event of any disagreement between the parties whether a particular item not l...

Examples of Food Service Disposables in a sentence

Nevertheless, if, during the term of this Agreement, ECC determines that there exists a commercially feasible use, application, function, or purpose for the compositions, formulations, or materials which are in whole or in part disclosed (even though not claimed) in the Technology, whether patentable or unpatentable, and which have no substantial use as Food Service Disposables (hereinafter "New Use"), ECC shall give written notice of such New Use to EKI (the "New Use Notice").
EKI shall have the right, at its expense, to cause those records of ECC which deal with the design, manufacture, shipment and sale of the ALI-ITE-TM- Paper or Food Service Disposables to be reviewed by such independent accountants, engineers and other representatives (the "Representatives") as may be selected by EKI from time to time.
ECC shall assign to EKI all rights, title and interest in the Product Improvement for an assignment fee of $1,000.00, and EKI shall grant back to ECC an exclusive, world-wide, license to make, use and sell the Product Improvement in connection with Food Service Disposables as if the Product Improvement were originally within the scope of this Agreement.
Any and all damages collected as the result of any such suit shall be paid, first, to ECC and EKI to reimburse them for their actual costs incurred as a direct result of such suit, with any balance to be treated, for all purposes, as compensation received by ECC from the sale of Food Service Disposables.
Notwithstanding the foregoing, in the event of termination of this Agreement for any reason other than the expiration of the term of this Agreement pursuant to subparagraph 16(a) hereof, EKI shall grant to XxXxxxxx'x Corporation a license to use the Technology to make, have made, use or sell Food Service Disposables under terms and conditions no less favorable than those granted in sublicenses of ECC existing at the time of such termination.

More Definitions of Food Service Disposables

Food Service Disposables shall have the same meaning as is assigned to that term in the Amended and Restated License Agreement, dated February 28, 1995, between E. Khashoggi Industries, LLC and EarthShell, as amended, as set forth in Exhibit B hereto.

Food Service Disposables. Bags o for carry out of food purchased in food service disposable packages, with or without handles Beverage containers o Hot and/or cold beverage o May or may not be insulating o With or without handles. Includes collectables that are disposable/ reusable o Malt mixing collars o Single service milk-containing cartons (16 oz. or less) Beverage Container Lids All types, including o no spill o domed o sippers Bowls All shapes, sizes Cutlery (including o knife, fork, spoon Sticks/Skewers) o large serving utensils o chopsticks o hors d'ouvers picks o popsicle sticks o corndog sticks o shish-kabob skewers o tooth picks o steak markers Food Containers tubs used for: o popcorn o deli salads o takeout anything o ice cream o chicken buckets Portion cups (souffle cups) o sauces o condiments o butter o candies o side orders o pills, medications Trays used for: o french fries o nachos o tacos o burritos o snacks o hot dogs o meal service o vending o single or multi-compartments Boxes as used for: o fry scoops o popcorn o chinese takeout o kid's fun meal o candy (vending) o pie wedges o bulky meals, pies, single compartment o multi-compartment meals Boats as used for: o egg rolls o ice cream sundaes o hot dogs, chili dogs o hoagies, sub sandwiches o chicken fingers o baked potatoes Cones o snow cones o ice cream cone holders o foods Food Container Lids All kinds Hinged Lid Containers Clamshells type boxes for specialty or general food portion or meal carryout such as: o hamburgers o chicken nuggets o salads o single or multi-portion meals o with or without multiple compartments Napkins All kinds Plates/Platters o All shapes, including round o oval o rectangular o deep o with or without compartments o individual portion or serving sized o cake/pie plates Plates/Platters Lids All types including domed, insulating, etc. Placemats/Table Covers o placemats o tray liners o doilies o menus o table covers Serving Dishes o pitchers o catering trays o casserole dishes o chafing/steam table dishes Straws/Stirrers o drinking straws o puncture straws o stirring straws/sticks Wraps Wraps of all kinds, for all kinds of foods: o burger/hot dog wraps o pizza sheets o doggie bags/wraps o popcorn/snack bags o french fry sleeves o sandwich bags

Food Service Disposables shall have the same meaning as is assigned to that term in the EKI License Agreement, as set forth in Exhibit "B" hereto.

Food Service Disposables. Baking o pie/cake tins o muffin/eclair tins o muffin/eclair cups o fluted pan liners o cake circles/squares o loaf pans o bundt pans o casseroles o cookie/cake sheets o cake decorating triangles Single or Multiple Portion o cereal boxes/bowls Packaged Foods o sealed yogurt/desert cups o sealed soups, stews, chili, pasta o condiment packs (salt, pepper, catsup, salsa, relish, etc.) o sealed frozen food containers o egg cartons o dairy product containers o produce containers o meat & deli trays Wraps o freezer papers o bakery papers o candy bar wrappers Aeseptic or Sealed Packaging Secondary Packaging o corrugated containers o paper bags Sealed Containers for o soft drink cans Long Term Storage milk cartons of Liquids o sealed juice or drink containers EXHIBIT C Products The initial Product will be a Food Service Disposable designed primarily for use as a sandwich or other food wrap that is (i) comprised of printed, laminated paper that is less than 45 lbs. per 3,000 square feet, (ii) that will utilize biopolymers specified by EarthShell and (iii) that will conform with specifications supplied by EarthShell. The initial Product will be 4 color, with 30% coverage, sandwich wraps with paper having a basis weight of 15 lb. per 3,000 square feet and a resin component of 4 lbs. per 3,000 square feet. EXHIBIT D Royalty Rate The Royalty to be paid to EarthShell will be based on the Net Sales of 1,000 12" x 12" printed (4 color, 30% coverage) sandwich wraps with paper having a basis weight of 15 lb. per 3,000 square feet and a resin component of 4 lbs. per 3,000 square feet. The Royalty will be a minimum of 5% of Net Sales with respect to Net Sales resulting from sales at a price of less than $10.50 per thousand square feet and will be a maximum of 20% of Net Sales with respect to Net Sales resulting from sales at a price of more than $13.40 per thousand square feet, with the Royalty being calculated in accordance with the following formula with respect to Net Sales resulting from sales at a price of more than $10.50 per thousand and less than $13.40 per thousand: Royalty % = Five times the price per 1,000 square feet minus 47 Notwithstanding the foregoing, in no event will the Royalty exceed $3.20 per thousand square feet. The Royalty shall be proportionately adjusted based on the extent to which the Product surface area is greater than or less than 12" x 12". For illustration, sample Royalty calculations are set forth in Exhibit D-1 hereto. Price per 1,000 units 1...

Food Service Disposables shall have the same meaning as is assigned to that term in the Amended and Restated License Agreement, dated February 28, 1995, between EKI and EC, as amended, as set forth in Exhibit "B" hereto.

Food Service Disposables. Baking • pie/cake tins • muffin/eclair tins • muffin/eclair cups • fluted pan liners • cake circles/squares • loaf pans • bundt pans • casseroles • cookie/cake sheets • cake decorating triangles Single or Multiple Portion • cereal boxes/bowls Packaged Foods • sealed yogurt/desert cups • sealed soups, stews, chili, pasta • condiment packs (salt, pepper, catsup, salsa, relish, etc.) • sealed frozen food containers • egg cartons • dairy product containers • produce containers • meat & deli trays Wraps • freezer papers • bakery papers • candy bar wrappers Aeseptic or Sealed Packaging Secondary Packaging • corrugated containers • paper bags Sealed Containers for Long • soft drink cans Term Storage of Liquids • milk cartons • sealed juice or drink containers QuickLinks Exhibit 10.55

Food Service Disposables shall have the same meaning as is assigned to that term as set forth in Exhibit "B" hereto.

Food Service Disposables definition

Filter & Search

Related Definitions