Additional Plant definition
Examples of Additional Plant in a sentence
If Lessor is unwilling or unable, as provided above, to make available sufficient geothermal resources for the Existing Plant or for any such New Plant or any such Additional Plant, Lessee may secure geothermal resources from other lands ("Other Lands") for any such plant without paying royalty to Lessor on the geothermal resources so secured.
Lessor shall not be deemed to have guaranteed Lessee a minimum internal rate of return with respect to the Existing Plant, any New Plant, or any Additional Plant.
The BioAmber Parties and Mitsui may consider the possibility of building this Additional Plant in cooperation with PTT-MCC Biochem, if mutually acceptable terms therefor can be agreed, including PTT-MCC Biochem securing an agreed portion of the off-take of BSA and possibly BDO produced by such Additional Plant.
If the geothermal resources obtainable from the leased land and the Adjacent Lease are insufficient for operation of the Existing Plant, any New Plant, or any Additional Plant at their respective average capacity during the preceding three (3) calendar years, Lessor may, but shall not be obligated to, make available geothermal resources from other lands at the applicable royalty rates provided in Subparagraphs 5.1, 5.2 and 5.3 above.
Notwithstanding the preceding sentence, in the event that Mitsui shall have elected not to participate in the first Additional Plant, Mitsui shall relinquish its right to participate in the second Additional Plant and BioAmber shall thereupon be free to discuss and negotiate with any other Person and enter into such Contracts as it may choose with other Persons in respect of their participation in either or both of the Additional Plants.
The BioAmber Parties and Mitsui will consider the possibility of seeking the participation of a local equity partner that can provide access to feedstock, offer operational capabilities or enter into a meaningful off-take agreement in respect of the output of the applicable Additional Plant.
If the BioAmber Parties and Mitsui agree to jointly develop the Additional Plant, BioAmber may seek to secure rights to PBS technology in order to carry out integrated manufacturing of PBS at the Additional Plant through: (i) a partnership with PTT-MCC Biochem; (ii) a license from PTT-MCC Biochem; (iii) a sub-license from a licensee of PTT-MCC Biochem, such as NatureWorks; or (iv) a partnership with, or license from, another PBS technology provider.
To the extent that the development of the Additional Plants begins prior to the completion of any required subdivision of the Facility Site, Owner Participant agrees that it will direct the Owner Lessor to enter into an agreement with ▇▇▇▇▇ City that will permit the Additional Plant Operator to use such portion of the Facility Site for the Additional Plants as is provided in the Actual Development Plan until such time as such subdivision is accomplished.
To the extent that the development of the Additional Plants begins prior to the completion of any required subdivision of the Facility Site, Owner Participant agrees that it will direct the Owner Lessor to enter into an agreement with ▇▇▇▇▇ City amending the Ground Lease to permit the Additional Plant Operator to use such portion of the Facility Site for the Additional Plants as is provided in the Actual Development Plan.
Without limiting the generality of the foregoing, as between such parties, none of the BioAmber Parties nor Mitsui shall have any obligation in respect of the construction of the Additional Plant, which construction is subject to, among other things, satisfactory market feasibility studies, agreement on capital budgets and obtaining necessary internal approvals, all at the sole discretion of each such party.