Capital Cost Recovery. If, at any time during the Term, Parent invests in any new capital expenditures to satisfy increased demand from SpinCo or to manufacture a new Product SKU as contemplated by Section 2.4 (“Capital Expenditures”), including new equipment, molds, mold presses, and associated testing (“Additional Equipment”), then the remaining unamortized amount of such Capital Expenditures shall be treated as follows, at SpinCo’s election: (a) on or after the effective date of termination, Parent shall invoice SpinCo for such amount, less the salvage value of the applicable Additional Equipment (as reasonably demonstrated by documentation provided by Parent to SpinCo, which documentation shall constitute Confidential Information of Parent), and SpinCo shall pay to Parent such invoiced amount within thirty (30) days of receipt of such invoice, or (b) such amount will be divided among and added to the Product Price for SpinCo’s remaining purchases during the Termination Period, as applicable; provided, however, that Parent shall use reasonable efforts to reduce the remaining unamortized amount of such Capital Expenditures by utilizing, to the extent reasonably practicable, the Additional Equipment or components thereof in Parent’s other businesses, in which case such remaining unamortized amount shall be reduced to account for such alternative utilization. Upon SpinCo’s request, Parent will confirm as to whether any such alternative utilization has occurred and the applicable calculation of such remaining unamortized amount in light of such utilization. For the avoidance of doubt, Parent shall be responsible for the costs of maintenance, upkeep and replacement, as applicable, of any Parent equipment used in the manufacture of Products as of the Effective Date.
Capital Cost Recovery. In the event that it is mutually agreed that either Party shall incur capital and/or other costs and expenses for exclusive use on BUYER’s Product as part of such cost savings efforts, the acquiring Party shall be entitled [***]. BUYER shall have the option to make any capital purchases at its expense, in which event the equipment shall be considered to be BUYER Property subject to the provisions of Section XI of this Agreement. Notwithstanding the foregoing, Buyer shall be entitled to retain [***].
Capital Cost Recovery. The total capital cost of the Capital Modification shall be based on the price for the Capital Modification, determ ined pursuant to Section 11.6 or 11.7 (the "Capital M odification Cost"). Until fully recovered through the O&M Cost Savings as provided in subsections (D)(1) and (E)(1) of this Section, the unrecovered balance of such Capital Modification Cost shall bear interest at an annual, non-compounded, interest rate equal to the Prime Rate in effect as of the date that implementation of the Capital Modification is commenced. With respect to any Capital Modification paid for by the Company, the unrecovered balance of the Capital Modification Cost and the monthly accrued interest shall be stated on each monthly Billing Statement provided to the Borough by the Company. At the Borough's election, the Borough may payoff such unrecovered balance and all accrued interest thereon to the date of payoff. Upon payoff, the parties shall share the O&M Cost Savings as provided in subsections (D) and (E) of this Section, unless otherwise agreed to by the parties.
Capital Cost Recovery. At any time during the term of this Agreement [***], to the extent Developer incurs any costs to install any additional processing equipment reasonably required to ensure that the Landfill Gas delivered by Republic can be processed by the Developer Facility, such costs shall be offset against [***] of any Royalty Payments otherwise due Republic until [***] of any such costs are recovered by Developer as evidenced by proper documentation submitted to Republic; provided that any additional processing equipment shall be located inside of the boundaries of the Site and after the Delivery Point. Developer shall give Republic at least six (6) months advance written notice of its intent to install the additional processing equipment before doing so; provided that if Republic is able to cure any deficiencies and make available to Developer Processable Landfill Gas sufficient to meet [***] of Existing Design Capacity, Developer’s right to recover its capital cost for the additional processing equipment pursuant to this paragraph shall be suspended. Nothing in this paragraph (c) shall be deemed to be a guaranty of the quality of Landfill Gas made available to Developer hereunder, and other than the termination provisions in Section 7.4, the ability to install the additional processing equipment and partially offset the cost of such processing equipment against future Royalty Payments as provided above shall be Developer’s sole recourse for the unavailability of Processable Landfill Gas, and if for any reason there are not sufficient subsequent Royalty Payments to reimburse Developer for the cost of such equipment as provided above, Developer shall not be entitled to any other recourse from Republic.
