FCPM definition
Examples of FCPM in a sentence
Bosch does not provide any technical assistance under this FCPM License except (1) as expressly stated in this FCPM License, or (2) as agreed in a separate agreement.
Both Parties agree that Bosch’s refusal to deliver FCPMs or FC components under this Section 10.6 shall not be deemed a breach or delay and Bosch shall have no liability for exercising its right under this Section 10.6. If Nikola fails to comply as set forth herein within 90 days, Bosch may terminate the FCPM Framework Agreement as set forth below (Termination).
The FCPM License shall remain unchanged throughout the term of this Framework Agreement, including with respect to the full payment of reoccurring royalties.
During the Period, Nikola shall purchase 100% of its annual requirements of (a) the FCPMs for the European market from Bosch, and (b) FCPM Key Components (Category 1) as described in Schedule 3 of Attachment 1 from Bosch, in the case that Nikola chooses to assemble the FCPM(s) in conjunction with assistance from Bosch using the Licensed Materials set forth in the FCPM License, pursuant to the terms of the Collective FCPM Agreement.
Notwithstanding anything herein to the contrary, at such time as Nikola pays Bosch a total of at least [*] in license and royalty fees in accordance with this Agreement, the license grant set forth in this Section 4.1 will automatically become irrevocable (except upon material breach of this FCPM License or the FCPM Framework Supply Agreement) and fully-paid up.
Nikola may not use Confidential Information or Bosch’s Intellectual Property related to the FCPM for any purpose other than the development of interfaces, unless an express right has been granted under the FCPM License.
The Party giving such notice is thereupon excused from such of its obligations under this FCPM Agreement as it is thereby disabled from performing for so long as it is so disabled and for 30 (thirty) days thereafter.
The Parties shall first endeavor to resolve through good faith negotiations any dispute arising under or relating to this FCPM License.
This FCPM License is executed in (2) two counterparts, each of which is deemed original for all purposes.
To the extent that Nikola requests any changes to the content of this Collective FCPM Agreement, including, without limitation, changes in timing, specifications, design, function, technical feasibility, technical responsibility, support, suppliers, or Services, each of which require Bosch’s written agreement, Bosch reserves the right to issue a revised Framework Agreement, Individual Contract or services quotation/agreement, to the extent any Nikola requested changes are deemed acceptable to Bosch.