Additional Modification Costs Clause Samples

Additional Modification Costs. The parties agree that (a) Buyer shall be responsible for the net change in costs and expenses to General ▇▇▇▇▇ as a result of the change from a “Pouch King” system to the Bag-in-Box System and the matters set forth in Sections 1.9 and 1.10 and the last sentence of Section 1.6.1, including any charges relating to (i) the cancellation of any purchase or work orders referred to in Section 1.9.1, (ii) the purchase and installation of the Turbo Line, (iii) the Additional Line 5 Changes as indicated on Schedule 1.6 and (iv) the Line 6 Equipment, up to a maximum amount of $2,000,000 (the “Cap”) and (b) General ▇▇▇▇▇ will be responsible for all such costs and expenses in excess of the Cap. The parties agree that the Side Seam Costs and Expenses will be considered separate and apart from the Cap and shall be the sole and exclusive responsibility of Buyer. The parties agree that pursuant to this Section 1.11.1 Buyer owes General ▇▇▇▇▇ $2,000,000 pursuant to this Section 1.11.1 and that Buyer shall pay General ▇▇▇▇▇ such amount in full, without deduction or offset, on the Toledo Cut Off Date.”