Common use of Demonstration Phase Clause in Contracts

Demonstration Phase. (a) Upon completion of the Investigative Phase, Genomatica may elect to initiate the Demonstration Phase and commence activities under the 7. ***Confidential Treatment Requested Demonstration Plan by providing written notice to T&L. During the Demonstration Phase, the responsibility of the Parties for costs and expenses will be as set forth in the Services Agreement (DP). Without the approval of the JDC, neither Party will incur any capital expenditures in the performance of the Demonstration Phase except as expressly set forth in the Development Plan; provided that a Party may incur capital expenditures not set forth in the Development Plan at its own expense, subject to reimbursement as may be set forth in the Commercialization Agreement if T&L and Genomatica enter into the Commercialization Agreement. (b) Genomatica will bear all expenses it incurs in connection with performance of the Demonstration Phase unless and until T&L and Genomatica enter into a Commercialization Agreement, in which event T&L will reimburse Genomatica for expenses as set forth in the Commercialization Agreement. The JDC will determine whether the technical and commercial key performance indexes for the Demonstration Phase as set forth in the Development Plan (the “Commercialization KPIs”) have been satisfied. The Demonstration Phase will continue until the date that the principal tasks in the Demonstration Phase (and any other tasks reasonably determined by Genomatica) have been completed, whether or not the Commercialization KPIs have been satisfied.

Demonstration Phase. (a) Upon completion of the Investigative Phase, Genomatica may elect to initiate the Demonstration Phase and commence activities under the 7. ***Confidential Treatment Requested Demonstration Plan by providing written notice to T&L. During the Demonstration Phase, the responsibility of the Parties for costs and expenses will be as set forth in the Services Agreement (DP). Without the approval of the JDC, neither Party will incur any capital expenditures in the performance of the Demonstration Phase except as expressly set forth in the Development Plan; provided that a Party may incur capital expenditures not set forth in the Development Plan at its own expense, subject to reimbursement as may be set forth in the Commercialization Agreement if T&L and Genomatica enter into the Commercialization Agreement. (b) Genomatica […***…] will bear all […***…] expenses it […***…] incurs in connection with performance of the Demonstration Phase unless and until T&L and Genomatica enter into a Commercialization Agreement, in which event T&L will reimburse Genomatica for expenses […***…] as set forth in the Commercialization Agreement. The JDC will determine whether the technical and commercial key performance indexes for the Demonstration Phase as set forth in the Development Plan (the “Commercialization KPIs”) have been satisfied. The Demonstration Phase will continue until the date that the principal tasks in the Demonstration Phase (and any other tasks reasonably determined by Genomatica) have been completed, whether or not the Commercialization KPIs have been satisfied.