Common use of Operating Time Clause in Contracts

Operating Time. The *** period of operating time referred to in Paragraph 4.2 is to be elected prospectively at GENENCOR's discretion from the first eighteen (18) months of "Actual Operating Time" in a manufacturing plant. "Actual Operating Time" as used herein means non-campaign, manufacturing operating time whereby Commercial Specification material is produced and continuity of operation is achieved in the fermentation process sufficient to feed the downstream recovery process of Compound X. In the event unexpected or atypical situations or occurrences arise during the *** period which result in non-representative average CCOMs, and upon mutual agreement of the Parties that such results are non-representative, then GENENCOR may elect prospectively a further *** period of operating time for purposes of achieving production of Compound X pursuant to this Paragraph. CCOM determination is subject to reasonable auditing procedures.