Capacity Improvements Sample Clauses

Capacity Improvements. Developer will maintain a specified level of service and will be required to provide Capacity Improvements to maintain such level of service at no cost to TxDOT (unless provided otherwise for a particular project). All provisions of the CDA pertaining to permitting, Project right-of-way acquisition, design, construction, insurance, service commencement, operation, and maintenance of the Project will apply to Capacity Improvements or other upgrades. Any non-mandatory Capacity Improvements proposed by Developer will be subject to review and comment by the Independent Engineer and TxDOT. (See Independent Engineer.) If any proposed non-mandatory improvements require further environmental review under NEPA, they will be subject to TxDOT concurrence and Xxxxxxxxx’s reimbursement to TxDOT for all costs incurred in connection with the NEPA process.

Capacity Improvements. ACSD and Cubist have agreed on the project plan attached hereto at Exhibit G for the process and associated plant improvements to the Facility that are intended to increase the capacity of the Facility to produce Product (the “Capacity Improvements”). The Parties shall work together diligently to implement the Capacity Improvements as rapidly as reasonably possible after the Amendment No. 5 Effective Date. Cubist shall be responsible for the agreed-upon []* necessary to []* the Capacity Improvements; provided that, ACSD shall be prohibited from using such capital equipment for any other activities other than activities in support of Cubist, and such prohibition shall survive the expiration or termination of this Agreement. ACSD shall purchase the capital equipment, and Cubist shall issue a purchase order to ACSD for capital expenditure contribution for []*. ACSD shall be responsible for all other ACSD costs related to the Capacity Improvements, including without limitation the costs of []*.

Capacity Improvements. In addition to the commitments set forth in Section 4.2 above and in order to alleviate the capacity constraints referred to in Recital 2 above, EMD Millipore and Entegris agree to implement mutually agreeable manufacturing process improvements for Flat Sheet UPE Membranes. Entegris has proposed specific process changes to the operating methods for the Film 1 Annealing Line to increase the speed of the throughput of Flat Sheet UPE Membrane; EMD Millipore agrees to use its commercially reasonable efforts to complete the qualification of Flat Sheet UPE Membrane generated by this changed process by the Target date of March 31, 2014. In addition EMD Millipore agrees to use its commercially reasonable efforts to discontinue the processing of other membrane currently processed on the Film 1 Annealing Line by the Target date of March 31, 2014 and to devote the Film 1 capacity created thereby to Entegris for the manufacture of Flat Sheet UPE Membranes in accordance with the Supplement. For its part, Entegris agrees to use its commercially reasonable efforts to maintain and improve utilization of the NZE extraction processes used to produce EMD Millipore Flat Sheet UPE Membranes, and to ensure that additional Film 1 Annealing Line capacity created pursuant to this Section is fairly allocated between the manufacture of Entegris Flat Sheet UPE Membranes and EMD Millipore Flat Sheet UPE Membranes as those terms are used on Exhibit A hereto.