Common use of Strategic Alliance Clause in Contracts

Strategic Alliance. The Parties hereby form a strategic alliance having the following key elements: (a) S&W would be designated as a worldwide preferred EPC services and pipes/vessels provider to GE Inc. projects. (b) GE Inc. would select S&W and/or its’ affiliated companies for the supply of major piping and pressure vessels at their flagship project, Lima Energy IGCC, as well as the Wabash and Westfield expansions already contracted to S&W. (c) GE Inc. and S&W will collaborate on the further development, commercialization, and licensing of GE Inc.’s GENV Technology. The initial focus will be for GE Inc. projects and in particular the proprietary Global Gas Unit (GGU™) design. In addition, collaboration will include Department of Defense (DOD) installations, including the initial GENV unit at the Lima project site serving DOD fuel testing and nanotech raw test materials requirements, and other ultra-clean fuels projects. (d) GE Inc. and S&W will negotiate and sign a Technology Collaboration Agreement covering the development, commercialization, and licensing activities on GENV technology, contemplated in the Strategic Alliance. (e) GE Inc. will advance the Wabash and Westfield Fast Track EPC contracts to completion, converting to fixed terms as necessary to meet financing requirements. (f) S&W and GE Inc. will negotiate and sign a master procurement agreement covering the provision of piping systems and pressure vessels to GE Inc. projects as contemplated in the Strategic Alliance. GLOBAL ENERGY, INC 29 March 2007 (g) At the completion of the performance test at any of the three GE Inc. projects referenced above, S&W may select the project and elect to receive the final balance due up to $25 million for S&W equipment and/or services as GE Inc. shares (the “Shares”) at $200/share or cash with 7% accrued interest. S&W may apply the strategic investment to one, two, or all three projects, up to the maximum $25 million aggregate amount. The obligations of the Parties pursuant to this Section 1 are subject to continued demonstrated performance and their mutual agreement on the schedule, pricing, financing, economics and other terms and conditions applicable to any such project.

Appears in 2 contracts

Sources: Strategic Alliance Agreement, Strategic Alliance Agreement (Global Energy, Inc.)

Strategic Alliance. The Parties hereby form a strategic alliance having the following key elements: (a) S&W would be designated as a worldwide preferred EPC services and pipes/vessels provider to GE Inc. projects. (b) GE Inc. would select S&W and/or its’ affiliated companies for the supply of major piping and pressure vessels at their flagship project, Lima Energy IGCC, as well as the Wabash and Westfield expansions already contracted to S&W. (c) GE Inc. and S&W will collaborate on the further development, commercialization, and licensing of GE Inc.’s GENV Technology. The initial focus will be for GE Inc. projects and in particular the proprietary Global Gas Unit (GGU™) design. In addition, collaboration will include Department of Defense (DOD) installations, including the initial GENV unit at the Lima project site serving DOD fuel testing and nanotech raw test materials requirements, and other ultra-clean fuels projects. (d) GE Inc. and S&W will negotiate and sign a Technology Collaboration Agreement covering the development, commercialization, and licensing activities on GENV technology, contemplated in the Strategic Alliance. (e) GE Inc. will advance the Wabash and Westfield Fast Track EPC contracts to completion, converting to fixed terms as necessary to meet financing requirements. (f) S&W and GE Inc. will negotiate and sign a master procurement agreement covering the provision of piping systems and pressure vessels to GE Inc. projects as contemplated in the Strategic Alliance. GLOBAL ENERGY, INC 29 March 2007 (g) At the completion of the performance test at any of the three GE Inc. projects referenced above, S&W may select the project and elect to receive the final balance due up to $25 million [*] for S&W equipment and/or services as GE Inc. shares (the “Shares”) at $200/share [*] or cash with 7% [*] accrued interest. S&W may apply the strategic investment to one, two, or all three projects, up to the maximum $25 million [*] aggregate amount. The obligations of the Parties pursuant to this Section 1 are subject to continued demonstrated performance and their mutual agreement on the schedule, pricing, financing, economics and other terms and conditions applicable to any such project.

Appears in 1 contract

Sources: Strategic Alliance Agreement (Global Energy, Inc.)