Molds. Schedule 3.5 contains a true, correct and complete list of all Molds owned or used by Seller in connection with the manufacture or marketing of Products and sets forth the current location of each. The Molds constitute all such devices or similar items necessary for the manufacture or marketing of Products on a basis consistent with the kind, quality and quantities previously manufactured and marketed by Seller. All Molds are in good operating condition, reasonable wear and tear excepted, and are suitable for the manufacture of the Products.
Molds. The molds described on Exhibit B hereto.
Molds. 9.1 Xxxxxxxxx Honickman, Inc. shall purchase and own molds used to produce Bottles, including any replacement parts. The costs of such sets shall be amortized over twenty-four (24) months as set forth in Exhibit C. In the event that any cost of such sets remains unamortized pursuant to Exhibit X. Xxxxxxxxx Xxxxxxxxx, Inc. shall invoice Xxxxx Soda Co. for such cost. Notwithstanding the foregoing, if this Agreement is terminated based upon a material breach or other fault or action of Xxxxxxxxx Xxxxxxxxx, Inc., then Xxxxx Soda Co.’s obligation to make further payments for mold sets shall cease upon such termination. Xxxxxxxxx Xxxxxxxxx, Inc. shall maintain the molds and all associated equipment in good working order, and perform all necessary maintenance on, repairs to and replacement of, if necessary, the molds, all at its sole expense during the Term. Xxxxxxxxx Honickman, Inc. shall use all molds prepared in connection with this Agreement exclusively for the manufacture and production of Bottles for Xxxxx Soda Co. hereunder and for no other purpose.
Molds. Anchor shall purchase on behalf of Boston Beer such molds to manufacture the Bottles in accordance with the Specifications, provided that Boston Beer has given its prior consent to such purchase, which consent shall not be unreasonably withheld or delayed. Boston Beer will have title to all molds for the Bottles throughout the Term. Upon early termination by Boston Beer as a result of a material breach of the Agreement by Anchor, Anchor shall deliver to Boston Beer all such molds at no cost to Boston Beer. Upon early termination of this Agreement by Anchor as a result of a material breach of this Agreement by Boston Beer or expiration of this Agreement or in the event of the cessation of the use of a mold as a result of a change in Specification by Boston Beer, Boston Beer shall reimburse Anchor for the unamortized value of the useful life such mold(s) (which is currently the production of [ * ] gross bottles) and Anchor shall make such mold(s) available to Boston Beer at its Plant for pick-up.
Molds. (a) Manufacturer acknowledges receipt from Action of all molds and tools necessary to manufacture the Products (the "Molds"). Manufacturer shall use the Molds to manufacture the Products. Action represents and warrants to Manufacturer that it owns all right, title and interest in and to the Molds. Manufacturer agrees and acknowledges that the Molds shall at all times during and after the Term, or any Renewal Period, of this Agreement remain the property of Action. Manufacturer further agrees that upon the termination of this Agreement, or upon written notice of Action or other duly authorized representative of Action at any time prior to the termination of this Agreement, the Molds shall be returned to Action and Manufacturer shall permit Action or other duly authorized representatives of Action to enter upon Manufacturer's premises for the purpose of removing the Molds.
Molds. XXXX’x Xxxxx 26, 2012 purchase of molds from TMD is hereby rescinded. The Parties agree that such molds will at all times be located at K Mold & Engineering, Inc. (of Granger, Indiana) or at another “neutral” independent fabrication company, if any, which the Xxxx Parties and XXXX, each acting in its sole discretion, agree to. The Xxxx Parties shall allow XXXX to have full and equal access to the molds (i.e., the Xxxx Parties shall allow XXXX to place orders with the fabrication company for the production of products using the molds.) XXXX will pay TMD (or any other Xxxx Party designated by TMD in writing to XXXX) $90,000 payable in equal monthly payments of $5,000 per month, for 18 months, beginning July 1, 2013, for this access; provided, that the first (and, to the extent there is overflow from the first, the second) such $5,000 payment shall be reduced by an amount equal to the sum of all interest previously paid by XXXX to TMD in respect of the rescinded April 26, 2012 transaction. After $90,000 (inclusive of credit for such previously-paid interest) has been paid to the Xxxx Parties, no further payments shall be required. The Parties agree that the Xxxx Parties collectively, on the one hand, and XXXX, on the other hand, shall share 50/50 the cost of repairs to the molds; if XXXX fails to pay its 50% share of the repair of a mold, the Xxxx Parties’ sole remedy shall be the right to prohibit XXXX from further access to such mold. It is expressly agreed that the Xxxx Parties shall not modify the molds nor direct the fabrication company to modify the molds (e.g., such that products of the mold would not constitute “Existing Products”). Any Xxxx Party or XXXX may make (at its own expense) and use (without accounting to any other Party) its own solely-owned new mold(s) at any time, subject (in the case of XXXX) to any BR patents and the provisions of the License Agreement. The Xxxx Parties, on the one hand, and XXXX, on the other hand, each agree not to (directly or through others) seek to interfere with or influence the price or terms on which the other procures goods and services from the fabrication company.
Molds. Following Closing, Seller may purchase from Purchaser, goods produced by [*****] not to exceed sixty (60) units in the aggregate. Such purchases shall terminate upon commercialization of any product by Purchaser using any [*****] or at the end of the Transition Services Agreement, whichever comes first. Such molds will include part numbers [*****] and will be limited to any part number existing as of the date of this Agreement. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Exchange Act - [*****] denotes omissions. ARTICLE VI [INTENTIONALLY OMITTED]
Molds. All molds used by the Business in the manufacturing of products which are the subject of the Lid Supply Agreement referred to in Section 6.2(d)(i);
Molds. The Buyer acknowledges that the molds set forth on Schedule 1.1(g) are currently in the possession of the Seller's third party suppliers (the "Suppliers") and that the Seller may not be able to deliver possession of such molds to the Buyer. The Seller undertakes to cause each Supplier to, subject to the Supplier's having been given reasonable prior notice, deliver the molds to the Buyer (or to such location as the Buyer may request) free and clear of any interest the Supplier may have in the molds; provided, however, in the event one or more Suppliers claims an interest in one or more of the molds, then:
Molds. Promptly upon completion of the Boards, Straight Line shall transfer the Board molds, designs, specifications and related tooling, if any, to Ride in whole and complete condition, normal wear and tear excepted.
