Agreements with New Entity Sample Clauses

Agreements with New Entity. If LLC-2 or LLC-3 is formed to construct Plant 2 or Plant 3, respectively, pursuant to Section 7.5(a) or 7.5(b), the Company will enter into contracts, licenses and other arrangements with such entity as are necessary or appropriate for the construction and operation of such Subsequent Plant. Such contracts, licenses and other arrangements shall be under such terms and conditions as the Management Committee determines are appropriate, and shall include: (i) a sublicense of the Intellectual Property; (ii) rights of access to or over the Properties retained by the Company, if necessary; (iii) an agreement for the marketing of Products, if necessary, which agreement shall provide, unless the Members agree otherwise, that Products produced at the Initial Plant shall be sold first, and (b) as between Plant 2 and Plant 3, Products produced at any Subsequent Plant owned by a limited liability company in which both Members have a positive non-zero sharing ratio shall be sold before any Products produced at any other Subsequent Plant and as between Products produced at Subsequent Plants owned by a limited liability company in which both Members have an ownership interest in, sales of Products produced at each Subsequent Plant shall be allocated to each Plant ratably; (iv) an agreement allocating Environmental Compliance costs; and (v) such other agreements as the Management Committee determines are appropriate.