As used in this Agreement, “Confidential Information” shall include all confidential and proprietary information of ​, including, without limitation, any of the following information to the extent not generally known to third persons: financial and budgetary information and strategies; plant design, specifications, and layouts; equipment design, specifications, and layouts; product design and specifications; manufacturing processes, procedures, and specifications; data processing or other computer programs; research and development projects; marketing information and strategies; customer lists; vendor lists; supplier lists; information about customer preferences and buying patterns; information about supplier and vendor preferences and patterns; information about prospective customers, vendors, suppliers or business opportunities; proprietary information with respect to any ​ employees; proprietary information of any customers, suppliers or vendors of ​; information about ​’s costs and the pricing structure used in sales to customers or purchases from suppliers or vendors; information about ​’s overall corporate business strategy; and technological innovations used in ​’s business, to the extent that such information does not fall within the definition of Secret Information.

Engineering Batches. Lonza shall manufacture Engineering Batches in accordance with the Project Plan(s) and batch records. Customer shall have the right to make whatever further use of the non-cGMP Engineering Batches as it shall determine, provided that Customer pays for such Batches, such use is not for human use and does not violate any Applicable Laws. While Lonza makes absolutely no warranty that Engineering Batches will meet cGMP or the Specifications, Lonza will manufacture the Engineering Batches under cGMP conditions. Accordingly, if Lonza determines that an Engineering Batch does meet cGMP and the Specifications, it will release such Engineering Batch as a cGMP Batch. Regardless of whether any Engineering Batch meets cGMP or the Specifications and provided that the Engineering Batch was executed in accordance with the Project Plan and batch records, Customer shall pay to Lonza the Price for such Engineering Batch plus the Raw Materials Fee associated with such Engineering Batch. In the event Customer requests a material change to the Manufacturing Process or Specifications, Lonza and Customer shall discuss in good faith modifications and written amendments to the applicable Project Plan, including potential manufacture of additional Engineering Batches utilizing the modified process or specifications and adjustments (up or down) to Batch Price to reflect changes in cost resulting from such material change.

The HSFO to be supplied hereunder shall be a regular commercial grade of Industrial Fuel Oil No. 6 and shall comply with the following specifications:

performs in accordance with its manufacturers specifications and are in good repair and condition and are regularly maintained, fully serviceable and in good working order;

Any changes to the specifications of ​ Product that are set forth in this Project Statement #1 must be agreed to by the Parties in writing.

as of the time any Products are delivered to [[Organization B:Organization]] and during the shelf life of such Products, such Products shall conform to the Specifications;

Unless otherwise directed by [[Bank of America:Organization]], [[Organization A:Organization]] shall continue to develop the Customizations using the Customization specifications in effect at the time [[Bank of America:Organization]] requests the change. [[Organization A:Organization]] may amend Customization specifications at no charge at its option, provided that [[Organization A:Organization]] shall obtain [[Bank of America:Organization]]’s written consent to such amendment. At [[Organization A:Organization]]’s option, [[Organization A:Organization]] may use the Change Order form to obtain [[Bank of America:Organization]]’s consent.

unexpected results may occur and, for numerous reasons, Penn may not be able to develop and manufacture Products at all or in conformance with agreed-to specifications.

if ​, the Construction Consultant or their representatives are not permitted at all reasonable times upon not less than two (2) Business Days’ notice to enter upon the Property, inspect the Improvements and the construction thereof and all materials, fixtures and articles used or to be used in the construction and to examine all the Plans and Specifications, or if ​ shall fail to furnish to ​ or its authorized representative, when requested upon not less than two (2) Business Days’ notice, copies of the Plans and Specifications;

Licensee warrants that it has independently determined the merchantability and fitness of the software for its particular purpose, prior to the purchase of the System from Licensor. Licensee further warrants that the specifications furnished by Licensee to Licensor for incorporation into the System are delivered free of the rightful claim of any third person or entity by way of infringement or the like, and Licensee expressly agrees to indemnify and hold harmless Licensor to the extent any such claim that arises out of Licensors compliance with the specifications.