Common use of Initial Capacity Clause in Contracts

Initial Capacity. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Licensor (or its parent entity) has made a capital contribution to Licensee in the amount attributable to the payments which would have been due from Licensee pursuant to this Agreement for the construction costs of the Initial Capacity. Accordingly, Licensee shall not be obligated to make any payments to Licensor in respect of the Initial Capacity pursuant to this Section 5(a)(i) or otherwise for the costs of construction of the Initial Capacity. All other payments provided for in this Agreement with respect to the Initial Capacity continue to be due and payable as provided for herein.