Common use of Temporary Improvements Clause in Contracts

Temporary Improvements. 1.1 C▇ ▇▇▇▇▇ shall use, or continue to use, its best efforts to construct and assemble temporary improvements (“Temporary Improvements”) to its Plant so that the manufacturing of * for Martek complies with good manufacturing practices set forth in 21 C.F.R. Part 110 and any other regulations and guidance documents that the U.S. *The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission Food and Drug Administration has issued (“GMPs”). The Temporary Improvements shall be sufficient to produce an initial two-batch production run of * and shall be capable of readily being reassembled, assuming they are disassembled, to enable additional production runs, as reasonably requested by Martek (and subject to the ability of C▇ ▇▇▇▇▇ to proceed in a commercially reasonable manner to produce additional runs of *, in light of the temporary nature of these improvements) prior to the implementation of the Permanent Improvements, as defined below. 1.2 Martek shall have the right to inspect and approve the Temporary Improvements before the initial production run to satisfy itself that the Temporary Improvements are in compliance with GMPs. Upon satisfactory inspection of the Temporary Improvements, Martek shall indicate its approval of the same in writing to C▇ ▇▇▇▇▇. 1.3 Martek shall reimburse C▇ ▇▇▇▇▇ for all costs C▇ ▇▇▇▇▇ incurs, up to a maximum of *, in connection with the assembly, disassembly and reassembling of the Temporary Improvements (“Temporary Improvement Costs”). C▇ ▇▇▇▇▇ shall provide Martek with an itemization of all such Temporary Improvement Costs and any substantiation Martek reasonably requires in connection therewith. All costs shall be limited to C▇ ▇▇▇▇▇ direct out of pocket costs without any markup or other adjustments. Payments shall be made within thirty (30) days of Martek’s receipt of itemization of such Temporary Improvements costs. C▇ ▇▇▇▇▇ hereby acknowledges that Martek has, prior to the date of this Amendment, paid C▇ ▇▇▇▇▇ *, which amount shall be applied towards Martek’s obligation to reimburse C▇ ▇▇▇▇▇ for the cost of such Temporary *The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission Improvements, or if less than *, such balance shall be applied to other obligations of Martek under this Agreement.

Temporary Improvements. 1.1 C▇ ▇▇▇▇▇ shall use, or continue to use, its best efforts to construct and assemble temporary improvements (“Temporary Improvements”) to its Plant so that the manufacturing of * for Martek complies with good manufacturing practices set forth in 21 C.F.R. Part 110 and any other regulations and guidance documents that the U.S. *The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission Food and Drug Administration has issued (“GMPs”). The Temporary Improvements shall be sufficient to produce an initial two-batch production run of * and shall be capable of readily being reassembled, assuming they are disassembled, to enable additional production runs, as reasonably requested by Martek (and subject to the ability of C▇ ▇▇▇▇▇ to proceed in a commercially reasonable manner to produce additional runs of *, in light of the temporary nature of these improvements) prior to the implementation of the Permanent Improvements, as defined below. 1.2 Martek shall have the right to inspect and approve the Temporary Improvements before the initial production run to satisfy itself that the Temporary Improvements are in compliance with GMPs. Upon satisfactory inspection of the Temporary Improvements, Martek shall indicate its approval of the same in writing to C▇ ▇▇▇▇▇. 1.3 Martek shall reimburse C▇ ▇▇▇▇▇ for all costs C▇ ▇▇▇▇▇ incurs, up to a maximum of *, in connection with the assembly, disassembly and reassembling of the Temporary Improvements (“Temporary Improvement Costs”). C▇ ▇▇▇▇▇ shall provide Martek with an itemization of all such Temporary Improvement Costs and any substantiation Martek reasonably requires in connection therewith. All costs shall be limited to * The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission. C▇ ▇▇▇▇▇ direct out of pocket costs without any markup or other adjustments. Payments shall be made within thirty (30) days of Martek’s receipt of itemization of such Temporary Improvements costs. C▇ ▇▇▇▇▇ hereby acknowledges that Martek has, prior to the date of this Amendment, paid C▇ ▇▇▇▇▇ *, which amount shall be applied towards Martek’s obligation to reimburse C▇ ▇▇▇▇▇ for the cost of such Temporary *The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission Improvements, or if less than *, such balance shall be applied to other obligations of Martek under this Agreement.