PILOT MANUFACTURING Sample Clauses

PILOT MANUFACTURING. During the Term, the Parties will use reasonable efforts to obtain access to pilot quantities of PHA Material from a combination of one or more contract manufacturers, ADM Sub personnel and facilities and MBX personnel and facilities, for use solely in research and development efforts and to support or facilitate marketing and sales efforts of PHA Material and/or PHA Formulations, but, after the First Commercial Sale, not to supply all, or a segment, of the commercial market for PHA Material as part of an ongoing commercial sales operation (such activity is "Pilot Sourcing"). To the extent the Pilot Sourcing utilizes the personnel and facilities of Third Party contract manufacturers and/or the personnel and facilities of MBX, MBX shall control the selection and operations of such personnel and facilities. To the extent the Pilot Sourcing utilizes the personnel and facilities of ADM Sub, ADM Sub shall control the selection and operations of such personnel and facilities. During the Construction Phase, MBX will investigate available options for Pilot Sourcing and, if MBX identifies a viable option, then MBX will present a proposal to the Steering Committee for the Steering Committee's consideration and approval. The proposal shall include the identity of the manufacturer(s), the personnel and facilities that ADM Sub and MBX would devote to the efforts, the site(s) of the Pilot Sourcing, the anticipated quantity to be produced under the * CONFIDENTIAL TREATMENT REQUESTED proposal, the anticipated delivery schedule for PHA Material under the proposal and the estimated capital and operating cost to ADM Sub and MBX under the proposal (each such proposal is hereinafter a "Pilot Sourcing Proposal"). MBX will use reasonable efforts to implement any Pilot Sourcing Proposal approved by the Steering Committee. ADM Sub and MBX shall share equally the total cost and expenses incurred by them in connection with any approved Pilot Sourcing Proposal, including the cost of ADM Sub personnel and facilities and MBX personnel and facilities all of which will be accounted for on a cost basis, defined in a manner to be agreed upon as part of any such proposal ("Pilot Sourcing Costs"), and any Technology developed in connection with such activities shall be part of the Joint Alliance Technology. After the Construction Phase, MBX will present any Pilot Sourcing Proposal to the Joint Sales Company for the Joint Sales Company's consideration and approval. MBX will use reasonable eff...