ICM Process Technology definition
Examples of ICM Process Technology in a sentence
This provision shall not apply to a new […***…] Commercial Plant due to the fact that ICM will not license a third party to engineer or construct a […***…] Commercial Plant that uses ICM Process Technology.
It is specifically contemplated that certain portions of any new Commercial Plants will be identical or substantially similar to ICM Process Technology or otherwise use ICM Background IP.
The Parties agree that, as between each other, ICM is the sole and exclusive owner of the ICM Process Technology.
For purposes of clarity, following the termination of the exclusivity of ICM, the […***…] fee shall still be payable for the retrofit of Commercial Plants that are licensed to use ICM Process Technology.
Notwithstanding anything contained herein to the contrary, in no event shall ICM be required to license Gevo to make, use or sell ICM’s intellectual property and proprietary designs described in this Section 1.5(B), including the ICM Process Technology that do not include the Process, unless Gevo pays ICM the applicable fees described in this Agreement.
The Parties agree that, as between each other, ICM is the sole and exclusive owner of the ICM Background IP (including without limitation the ICM Process Technology), and (ii) ICM Confidential Information (reference Appendix II), and (iii) any improvements, modifications, enhancements, additions, revisions, extensions, upgrades, updates and derivatives to any and all of the foregoing, but specifically excluding the Gevo Background IP and any Commercial Joint IP.
In no event shall ICM be required to license to ICM Process Technology to Gevo or any third party following to termination of ICM’s exclusive rights set forth in Sections 1.1(E) or 1.2(C) for any new greenfield Commercial Plant.
If, however, the exclusivity of ICM has terminated as set forth in Section 1.1(E), then no fee shall be payable for Commercial Plants that use process technology other than ICM Process Technology for contracts arising after the date on which the exclusivity terminates.
This provision shall not apply to a new Commercial Plant due to the fact that ICM will not license a third party to engineer or construct ICM Process Technology.
For purposes of clarity, following the termination of the exclusivity of ICM, the $[…***…] fee shall still be payable for the retrofit of Commercial Plants that use ICM Process Technology.