AYTU Materials Clause Samples

AYTU Materials. Any materials to be provided by AYTU shall be specifically set forth on the applicable Project Addendum. Prior to use Biovest shall ensure that the AYTU Materials comply with the Product Specification. All AYTU Materials determined to be nonconforming at any time shall, at AYTU’s election, be as AYTU directs in writing (a) returned to AYTU by Biovest and at AYTU’s expense, or (b) destroyed by Biovest at AYTU’s expense. If after AYTU provides AYTU Materials the Parties together determine that those AYTU Materials do not conform to their Requirements or are not suitable for the work under the Project Addendum, then as AYTU’s entire liability and Biovest’s sole remedy, AYTU will at its option (i) provide new or replacement AYTU Materials or, if that is not possible, then suggest an alternative and pay any additional costs for Biovest to procure the alternative, and (ii) subject to written agreement between the Parties, adjust the schedule, fees and/or costs as necessary to account for any delay caused by non-conforming AYTU Materials. AYTU shall retain all right, title and interest in and to any AYTU Materials delivered to Biovest pursuant to this Agreement or any Project Addendum executed hereunder, including AYTU Material contained in any work in progress and the Product. Biovest shall be liable for the costs associated with any loss, adulteration, diversion, or damage to any AYTU Materials, work in process, Product and/or AYTU Equipment while in Biovest’s custody and/or control arising from Biovest’s gross negligence or willful misconduct or failure to handle such AYTU Materials, Product and/or AYTU Equipment in accordance with this Agreement and/or the applicable Project Addendum. Biovest is responsible for insuring all AYTU Materials and Product containing AYTU Materials while on the premises of any Biovest facility. Biovest agrees (a) to account for all AYTU Materials, (b) use AYTU Materials only for the Services for which those AYTU Materials are provided and otherwise only in accordance with the applicable Project Addendum. (c) handle AYTU Materials in accordance with the labeling or documentation for those AYTU Materials and in accordance with AYTU’s instructions and reasonable handling procedures for similar materials, (d) store under appropriate conditions to avoid any adverse effect on the AYTU Materials. (e) not to provide AYTU Materials to any third party (including permitted subcontractors) without the prior written consent of AYTU, (f) not che...
View Source

Related to AYTU Materials

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Stored Materials Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.

  • Heavy Materials An Employee shall not be required to lift a building materials in excess of 20 kg in weight unless such Employee is provided with a mechanical aid or with an assisting Employee; provided that an Employee shall not to manually lift any building materials in excess of 20 kg weight to a height of more than 4 feet (1.2m) above the working platform.