Commercial Production. Promptly following the date (the Acceptance Date") on which Enova and Purchaser mutually agree that successful completion of the development and testing of Purchaser Product has occurred as contemplated by Appendix 3, then Purchaser shall engage in commercial production, sale and support of Products ("Commercial Production").
Commercial Production. For the purposes of this Agreement, the Property shall come into commercial production on the date upon which borate and/or lithium minerals mined from the Property is first delivered to a purchaser on a commercial basis or on the date upon which concentrates or other products derived therefrom are first delivered to a purchaser on a commercial basis, whichever date is earlier, it being agreed that deliveries of such ores, concentrates or other products resulting from pilot or test operations shall not be considered as deliveries on a commercial basis for the purposes of this paragraph. Lessee shall deliver to Owner notice indicating said date as soon as practicable after the occurrence thereof.
Commercial Production. 3.1 In the event that both parties determine that the Product is ready to be manufactured in commercial volumes, IXYS shall provide Samsung with rolling demand forecasts for the delivery of each Product (“Forecast”). Particularly, IXYS shall provide two types of non-binding Forecasts.
Commercial Production. Licensee shall begin --------------------- commercial production of each Licensed Article set forth in Paragraph 2(a) hereof on which the Property is to appear within one hundred eighty days (180) from the effective date of this Agreement, time being of the essence. In the event Licensee shall not begin commercial production within that time, Licensor, at its sole option and in its absolute discretion, shall have the right to terminate this Agreement as to that Licensed Article by giving written notice thereof to take effect immediately.
Commercial Production. Commercial Production shall mean the operations of mining and processing on the Properties or some part of the same, in accordance to the respective Feasibility Study, but it does not include the testing operations or the operations at a pilot plant. It shall be deemed that Commercial Production has began the first day of the month following the first thirty (30) consecutive calendar days during which mineral concentrates have been produced at the Property at an average rate of not less than seventy per cent (70%) of the classified initial capacity of the mining facilities. <PAGE>
Commercial Production. (a) XEROX may market and sell Remarketed Presses in accordance with Section 13 (the "Remarketed Presses"). The parties mutually agree, in exchange for the mutual consideration set out herein, that XEROX, with the exception of the Remarketed Presses, will completely and totally and for all time forfeit its semi-exclusive rights to co-sell, co-market or otherwise distribute the DocuColor 233 DI Press (as those rights are now in effect as set out in the Amended Agreement, and any amendments thereto). Upon the Effective Date, XEROX, with the exception of the Remarketed Presses, shall have no rights to sell, market or otherwise distribute the DocuColor 233 DI anywhere in the world.
Commercial Production. As used herein, the term "Commercial Production" shall mean the milling, or leaching, and sale of ores and concentrates which result from Ore extracted from the Property, but will not include milling or leaching for the purposes of testing by a pilot plant or during an initial tune up period of a plant. Commercial Production on the Property or any part hereof will be deemed, for all purposes of this Agreement, to have commenced when, if there is a concentrator or other mill ("Concentrator") on the Property, or any part thereof, such Concentrator has for the first time operated at 60% of its rated concentrating capacity for 30 out of 40 consecutive days, or if there is no such Concentrator, Ore from the Property or any part thereof has been shipped there from on a reasonably regular basis for a 30 day period for the purpose of earning revenues, but in any event Commercial Production on the Property will be deemed to have commenced 90 days after Ore has first been shipped from the Property for the purpose of earning revenues.