Common use of Improvements and Developments Clause in Contracts

Improvements and Developments. Unless otherwise agreed to in writing by FALCON, any and all Improvements shall be the exclusive property of FALCON and ▇▇▇▇▇ agrees to perform all actions necessary or desirable to vest and confirm ownership of Improvements in FALCON. “Improvements” shall mean any inventions, developments, enhancements, adaptations, advancements and other intellectual property, whether or not patented or patentable, derived from, associated with or relating to the manufacturing and molding process used for the Products, any component thereof, their tooling, or any production process, technique or procedure which may be discovered, developed, invented or acquired by FALCON in whole or in part. Buyer acknowledges that FALCON expends and provides considerable time, resources, and expertise in connection with the intake and preparation of Products for production, including, but not limited to, molding process optimization, material selection, and other development and application of intellectual property and proprietary practices (“Development Costs”), and that FALCON undertakes those efforts with the reasonable expectation that it will be retained to provide significant production of the Products. Should the supply relationship between Buyer and FALCON embodied in these terms and conditions terminate prior to purchase of a total quantity of Products equal to three (3) full years of production volume as indicated in the original project information provided to Buyer, FALCON shall be entitled to issue Buyer an invoice for the unrecovered portion of the Development Costs based upon the actual purchases of Products relative to this forecasted amount, as determined by FALCON in its reasonably exercised sole discretion. The terms of such invoice shall be as provided in Section VI of these terms and conditions and Buyer further acknowledges that any amounts due in connection with Development Costs shall be subject to FALCON molders’ lien rights pursuant to applicable law.

Improvements and Developments. Unless otherwise agreed to in writing by FALCONWINZELER, any and all Improvements shall be the exclusive property of FALCON WINZELER and ▇▇▇▇▇ agrees to perform all actions necessary or desirable to vest and confirm ownership of Improvements in FALCONWINZELER. “Improvements” shall mean any inventions, developments, enhancements, adaptations, advancements and other intellectual property, whether or not patented or patentable, derived from, associated with or relating to the manufacturing and molding process manufacturing, molding, or production process, technique, or procedure used for the Products, any component thereof, their tooling, or any production process, technique or procedure Products which may be discovered, developed, invented or acquired by FALCON WINZELER, in whole or in part. Buyer acknowledges that FALCON WINZELER expends and provides considerable time, resources, and expertise in connection with the intake and preparation of Products for production, including, but not limited to, molding process optimization, material selection, and other development and application of intellectual property and proprietary practices (“Development Costs”), and that FALCON WINZELER undertakes those efforts with the reasonable expectation that it will be retained to provide significant production of the Products. Should the supply relationship between Buyer and FALCON WINZELER embodied in these terms and conditions terminate prior to purchase of a total quantity of Products equal to three (3) full years of the production volume as indicated in the original project information provided to by Buyer, FALCON WINZELER shall be entitled to issue Buyer an invoice for the unrecovered portion of the Development Costs based upon the actual purchases of Products relative to this forecasted amount, as determined by FALCON WINZELER in its reasonably exercised sole discretion. The terms of such invoice shall be as provided in Section VI 6 of these terms and conditions and Buyer further acknowledges that any amounts due in connection with Development Costs shall be subject to FALCON WINZELER molders’ lien rights pursuant to applicable law.

Improvements and Developments. Unless otherwise agreed to in writing by FALCON, any and all Improvements shall be the exclusive property of FALCON and ▇▇▇▇▇ agrees to perform all actions necessary or desirable to vest and confirm ownership of Improvements in FALCON. “Improvements” shall mean any inventions, developments, enhancements, adaptations, advancements and other intellectual property, whether or not patented or patentable, derived from, associated with or relating to the manufacturing and molding process used for the Products, any component thereof, their tooling, or any production process, technique or procedure which may be discovered, developed, invented or acquired by FALCON in whole or in part. Buyer acknowledges that FALCON expends and provides considerable time, resources, and expertise in connection with the intake and preparation of Products for production, including, but not limited to, molding process optimization, material selection, and other development and application of intellectual property and proprietary practices (“Development Costs”), and that FALCON undertakes those efforts with the reasonable expectation that it will be retained to provide significant production of the Products. Should the supply relationship between Buyer and FALCON EMP embodied in these terms and conditions terminate prior to purchase of a total quantity of Products equal to three (3) full years of the production volume as indicated in the original project information provided to by Buyer, FALCON EMP shall be entitled to issue Buyer an invoice for the unrecovered portion of the Development Costs based upon the actual purchases of Products relative to this forecasted amount, as determined by FALCON EMP in its reasonably exercised sole discretion. The terms of such invoice shall be as provided in Section VI 6 of these terms and conditions and Buyer further acknowledges that any amounts due in connection with Development Costs shall be subject to FALCON molders’ lien rights pursuant to applicable law.

Improvements and Developments. Unless otherwise agreed to in writing by FALCONSeller, any and all Improvements shall be the exclusive property of FALCON ▇▇▇▇▇▇ and ▇▇▇▇▇ agrees to perform all actions necessary or desirable to vest and confirm ownership of Improvements in FALCONSeller. “Improvements” shall mean any inventions, developments, enhancements, adaptations, advancements and other intellectual property, whether or not patented or patentable, derived from, associated with or relating to any Goods design supplied or altered by Seller and also the manufacturing and molding extrusion process used for the Productsany Goods, any component thereof, their toolingTooling, or any production process, technique or procedure which may be discovered, developed, invented or acquired by FALCON Seller in whole or in part, and all . Buyer acknowledges that FALCON Seller expends and provides considerable time, resources, and expertise in connection with the intake and preparation of Products Goods for production, including, but not limited to, molding extrusion process optimization, material selection, and other development and application of intellectual property and proprietary practices (“Development Costs”), and that FALCON Seller undertakes those efforts with the reasonable expectation that it will be retained to provide significant production of the ProductsGoods. Should the supply relationship between Buyer and FALCON Seller embodied in these terms and conditions this Agreement or PO terminate prior to purchase of a total quantity of Products Goods equal to three (3) full years of the production volume as indicated in the original project information provided to by Buyer, FALCON Seller shall be entitled to issue Buyer an invoice for the unrecovered portion of the Development Costs based upon the actual purchases of Products Goods relative to this forecasted amount, as determined by FALCON Seller in its reasonably exercised sole discretion. The terms of such invoice shall be as provided in Section VI of these terms and conditions and Buyer further acknowledges that any amounts due in connection with Development Costs shall be subject to FALCON Seller molders’ lien rights pursuant to applicable law.