Capacity Increase Clause Samples
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Capacity Increase. If additional Manufacturing capacity is requested by Radius, and such additional capacity will require the purchase of additional Equipment, Radius shall reimburse ▇▇▇▇▇▇ for the costs and/or expenses incurred to procure and install such additional Equipment or, otherwise, (i) the Parties shall negotiate in good faith an adjustment to the prices of the Cartridges, the Pens, or the Finished Products, as applicable, taking into consideration the costs and/or expenses of the additional Equipment and the anticipated increase in volume; or (ii) in the event of inability to agree following such good faith negotiations, ▇▇▇▇▇▇ may decline such request.
Capacity Increase. (1) When the Volume Threshold is reached, provided that there is at least two years remaining in the Term, upon request by TearLab MiniFAB and TearLab will meet in good faith to determine whether the projected manufacturing volume requirements for the remainder of the Term warrant investment in an increase in its annual production capacity of Product to 10 million units (or some other capacity increase that is economically viable).
(2) If the parties determine that an increase in its annual production capacity is warranted (including TearLab being satisfied that the capital expenditure is proportionate to the economic value likely to be derived), then MiniFAB will initiate an increase in its annual production capacity of Product to 10 million units per annum (or such other capacity increase as is agreed). MiniFAB will use Commercially Reasonable Efforts to have such increased capacity online within 18 months of such event occurring. When such increased capacity is on-line MiniFAB will advise TearLab and advise the new Monthly Manufacturing Limit.
(3) When MiniFAB advises TearLab of the new Monthly Manufacturing Limit under clause 5.2(1), the increased capacity will be deemed to be a Requested Capacity Increase of 5 million Product units per annum for the purposes of clause 5.3(2).
Capacity Increase. If demand for Testing in the State of Minnesota requires and the parties agree, Infinity will increase the capacity of the Lab in order to provide up to 30,000 Tests per day, provided that in the period in which Infinity is working to increase the Lab’s capacity, Infinity may use its New Jersey lab to process Tests that exceed 20,000 per day and will not be held in breach of this Contract in the event that the Turn Around Time for such Tests exceeds the 48 hour Turn Around Time set forth in Exhibit A, Section 5.4.1.
Capacity Increase. (1) When the Volume Threshold is reached, provided that there is at least two years remaining in the Term, upon request by TearLab MiniFAB and TearLab will meet in good faith to determine whether the projected manufacturing volume requirements for the remainder of the Term warrant investment in an increase in its annual production capacity of Product to 10 million units (or some other capacity increase that is economically viable). [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(2) If the parties determine that an increase in its annual production capacity is warranted (including TearLab being satisfied that the capital expenditure is proportionate to the economic value likely to be derived), then MiniFAB will initiate an increase in its annual production capacity of Product to 10 million units per annum (or such other capacity increase as is agreed). MiniFAB will use Commercially Reasonable Efforts to have such increased capacity online within 12 months of such event occurring. When such increased capacity is on-line MiniFAB will advise TearLab and advise the new Monthly Manufacturing Limit.
(3) When MiniFAB advises TearLab of the new Monthly Manufacturing Limit under clause 4.2(1), the increased capacity will be deemed to be a Requested Capacity Increase of 5 million Product units per annum for the purposes of clauses 4.3(2), 4.3(3) and 4.3(4).