definiens: ( ( defined below ) minus the ( defined below ) . For purposes hereof, the shall mean the costs incurred by LHSI prior to the effect ~ ve date of termination exclusively in connection with LHSI 's preparations to perform the Warehouse and Distribution Services required under this Agreement, which are not reimbursable by a third party or which can not be cancelled, and which are documented appropriately in writing ; provided, however, that in no event shall the amount of the Capital Investment exceed One Million Five Hundred Fifty Thousand Dollars ( $ 1,550,000.00 ) . LHSI shall have no obligation to include eligible costs it incurs in the Capital Investment amount . There shall be no obligation on the parties to agree upon the calculation of the Capital Investment prior to LHSI 's requesting payment under this paragraph, although ENDO shall have the right to request a non - binding estimate of the Capital Investment amount once LHSI has commenced renderinv all of the Services under this Agreement . For purposes hereof, the shall equal the Capital Investment divided by sixty ( 60 ) multiplied by the number of months between February 1, 2000 and the month in which ENDO terminates this Agreement . If ENDO is to make a payment to LHSI in connection with a termination under this Section 16.3, then leval title to and possession of any and all assets whose costs are included ~n the Capital Investment amount ( whether LHSI acquired those assets by purchase, lease and/or construction ) shall be transferred to ENDO at the time of ~ayment, and LHSI shall cooperate with ENDO in effecting such transfer ; prov ~ ded, however, that ENDO shall not acquire any rights of any kind to LSHI 's proprietary information technolovy, or the cost of any modifications to such . proprietary informat ~ on technology, included in the Capital Investment amount