PEM System definition
Examples of PEM System in a sentence
All payments (including by offset, credit, or otherwise) made prior to, on or after the date hereof, by or on behalf of, or for the account of, the Parent or its Affiliates to IET in respect of the IET Purchase Order Contract and License for G500 PEM System (Purchase Order No. 1), between IET and the Company, shall be treated for all purposes as a cash Capital Contribution by Fulcrum to the Company under this Section 3.2(a) and a payment from the Company to IET under such Purchase Order No. 1.
During the term of this PO, the Parties may develop, author, invent, create and/or conceive, either solely or jointly with others: (a) Derivative Works; and/or (b) Improvements of the PEM System or Owner Technology; as well as (c) brand new Proprietary Materials that are not Derivative Works or Improvements of either the PEM System or Owner Technology (the “New Materials”).
The remaining $[***] of the License Fees for Core System #2 and Core System #3 shall become due and payable upon the issuance of the Notice to Proceed under that certain InEnTec LLC Purchase Order Contract and License for G500 PEM System (Purchase Order No. 1), dated as of May 1, 2009, between Seller and Fulcrum Sierra BioFuels, LLC, or under any other PO under this Agreement, whichever first occurs.
During the term of this Agreement, the Parties may develop, author, invent, create and/or conceive, either solely or jointly with others: (i) Derivative Works; and/or (ii) Improvements of the IET System or Fulcrum Technology; as well as (iii) brand new Proprietary Materials that are not Derivative Works or Improvements of either the PEM System or Fulcrum Technology (the “New Materials”).
In addition, if Buyer is prevented by injunction or order from a court of competent jurisdiction from operating the PEM System provided hereunder Seller shall, at its own cost and expense, use best efforts to procure for the Indemnified Parties a license to continue using the allegedly or potentially infringing materials of nature and scope the same as or substantially similar to that originally delivered without loss, diminution or degradation of material functionality.