Common use of Transfer of Technical Data Clause in Contracts

Transfer of Technical Data. FCE hereby agrees to provide POSCO Power, upon completion of payment obligations described in Section 4.1(a) hereunder, technical data and other information existing in documented form as of the Effective Date, relating to the FCE Know-How in accordance with the terms of the STTP. FCE hereby agrees that it will supply or cause to be supplied to POSCO Power and POSCO Affiliates, as applicable, free of any charges, except as indicated in the STTP, full up-to-date information, to the extent available in documented form of FCE Technology in a form (e.g., drawings, standard operating procedures, blueprints, written memoranda, training of employees or personal consultation) or non-documented form via oral or other visual forms in a commercially reasonable manner and form that will satisfactorily and expeditiously accomplish the transfer of FCE Know-How to POSCO Power. FCE will supply all such information in a reasonably usable form and in the English language. In the event that POSCO Power requests, in writing, that FCE supply such information in a technical form that differs from the technical form in which FCE has previously supplied or offered to supply it, then POSCO Power agrees to reimburse FCE the actual costs and expenses incurred by FCE; provided, however, that POSCO Power will not be required to pay the costs of obtaining any such information if it is already available to FCE in the form requested by POSCO Power. At its sole discretion, POSCO Power may transfer to POSCO Affiliates the technical data described in this Section, for the purpose, and subject to limitations, set forth in Section 2.1(a)(iii) above.

Transfer of Technical Data. FCE hereby agrees to provide POSCO PowerEnergy, upon completion of payment obligations described in Section 4.1(a4.1(a)(i) hereunder, technical data and other information existing in documented form as of the Effective Date, relating to the FCE Know-How Technology in accordance with the terms of the STTPCTTP. FCE hereby agrees that it will supply or cause to be supplied to POSCO Power Energy and POSCO Affiliates, as applicable, free of any charges, except as indicated in the STTPCTTP, full up-to-date information, to the extent available in documented form of FCE Technology in a form (e.g., drawings, standard operating procedures, blueprints, written memoranda, training of employees or personal consultation, upon FCE’s prior consent, participation of POSCO Energy’s technologist/engineers in the projects currently conducted by FCE, and/or projects jointly conducted by technologists/engineers of both companies) or non-documented form via oral or other visual forms in a commercially reasonable manner and form that will satisfactorily and expeditiously accomplish the transfer of FCE Know-How Technology to POSCO PowerEnergy. FCE will supply all such information in a reasonably usable and understandable form and in the English languagelanguage using U.S. Customary Units of Measure. In the event FCE further agrees that POSCO Power requestsEnergy may reasonably request information or explanations from FCE relating to the FCE Technology being transferred herein. Upon such reasonable request, in writingFCE will supply or cause to be supplied to POSCO Energy and POSCO Affiliates, that FCE supply as applicable, such information or explanations which will be in a technical reasonably understandable form that differs from the technical form in which FCE has previously supplied or offered to supply it, then POSCO Power agrees to reimburse FCE the actual costs and expenses incurred by FCE; provided, however, that POSCO Power will not be required to pay the costs of obtaining any such information if it is already available to FCE included in the form requested by transactions contemplated hereby. POSCO Power. At its sole discretion, POSCO Power Energy may transfer to POSCO Affiliates the technical data described in this Section, for the purpose, and subject to limitations, set forth in Section 2.1(a)(iii) above2.1(c).