Common use of Request Procedures Clause in Contracts

Request Procedures. Upon Licensor's agreement to license to Licensee Additional Capacity and Licensee's acceptance of Licensor's estimate of the Allocated Cost thereof (which acceptance shall be evidenced by Licensee's execution of the Cost Estimate Schedule and its return of same to such Licensor, not later than twenty-one (21) days after the date specified on such Cost Estimate Schedule; Licensee's failure to timely return any such Cost Estimate Schedule shall render its Request null and void), Licensor shall seek to obtain any required permits or similar authorizations and thereupon commence construction of such Facilities for Licensee. Upon agreement by Licensor and Licensee as to the license of Additional Capacity, and Licensee's acceptance of Additional Capacity pursuant to Section 2(d) below, the parties shall execute a Final Cost Schedule setting forth the final information regarding such Additional Capacity as is required by the form of Exhibit B. On the effective date or dates set forth in such Final Cost Schedule (or if not specified therein, the date on which the Additional Capacity is accepted by Licensee in accordance with Section 2(d) below or, if earlier, the date Licensee commences use of such Additional Capacity), such facilities shall be deemed to be Additional Facilities and the capacity thereof Additional Capacity, for purposes of this Agreement. Licensee's payments for any Additional Capacity shall be calculated as set forth in Annex A attached hereto, and the amount of such payments shall be set forth on the Final Cost Schedule relating thereto.