Configuration Changes. The Parties contemplate that initially --------------------- there will be four (4) different configurations of Systems, as reflected in the Specifications. ▇▇▇▇▇▇▇▇ may request that Proton design and manufacture additional configurations for purchase by ▇▇▇▇▇▇▇▇ hereunder, so long as (a) such additional configuration(s) are for sale and distribution in the Field of Use and have a flow rate capacity of 10 scfh or less, and (b) ▇▇▇▇▇▇▇▇ (i) describes the reason for the additional configuration(s) (e.g., the opportunity for volume growth, or the minimization of volume decline due to product obsolescence) and (ii) procures Proton's approval therefor. If Proton does not grant such approval, ▇▇▇▇▇▇▇▇ may pursue other sources to design and manufacture hydrogen generation systems having the applicable configurations without regard to any restrictions contained in Section 2.3 of this Agreement; provided that -------- ▇▇▇▇▇▇▇▇ shall not disclose any Proprietary Information of Proton to such other sources and such other sources shall not use the Technology or any Proprietary Information of Proton in connection with the design or manufacture of such equipment or otherwise.
Appears in 3 contracts
Sources: Development, Marketing and Distribution Agreement (Proton Energy Systems Inc), Development, Marketing and Distribution Agreement (Proton Energy Systems Inc), Development, Marketing and Distribution Agreement (Proton Energy Systems Inc)