definiens: shall mean any compensation for costs incurred by NISSO in connection with the delay of launch from the date planned by BA YER to a later date, such as, but not limited to, amounts for reservation of capacity for manufacturing Drug Product that is not otherwise used to manufacture other products, or depreciation of capital equipment that is dedicated to the manufacture of Drug Product and that is not used for the manufacture of other products . DSP represents and warrants that, as of the Effective Date, NISSO has no contractual or other right to receive, or to request or expect to receive, any such Delay Compensation between DSP and NISSO except for DSP 's payment that becomes due on or before March 31, 2004 . Notwithstanding anything that may be interpreted to the contrary in this Section 4.5, in no event will either Party be responsible for payment of any compensation to NISSO pursuant to this Section 4.5 unless it has individually approved the amount and timing of such compensation pursuant to negotiations and discussions among both Parties and NISSO