Bought-In Cans and Ends Sample Clauses

Bought-In Cans and Ends. To the extent DLM is permitted under this Agreement to use “bought-in” cans or ends purchased from third parties to package DLM products manufactured at any DLM Facility, DLM shall have access to conveyors and other equipment of Impress at the Impress Facility co-located with such DLM Facility, if any, to the extent necessary to convey such “bought-in” cans or ends to DLM’s manufacturing equipment at such DLM Facility to the extent and in the same manner as if the “bought-in” cans were produced by Impress; provided that (i) such access does not unreasonably interfere with Impress’ operations (unless granting such access is required in order to process cans or ends that are “bought-in” pursuant to Section 7.2); (ii) Impress shall be excused from any breach of its obligations hereunder to the extent such breach results from any interference resulting from granting DLM such access (unless granting such access is required in order to process cans or ends that are “bought-in” pursuant to Section 7.2); (iii) DLM shall pay Impress reasonable charges for storing and handling such “bought-in” cans or ends (unless such cans or ends are “bought-in” pursuant to Section 7.2); (iv) any such “bought-in” cans or ends are clearly identifiable as products of a third party, rather than of Impress; (v) Impress shall make no representation or warranty as to, and at no time shall take title to, any such “bought-in” cans or ends; (vi) Impress shall at no time assume the risk of loss of any such “bought-in” cans or ends (unless such cans or ends are “bought-in” pursuant to Section 7.2 or are lost or damaged as a result of Impress’ gross negligence or willful misconduct); and (vii) DLM shall indemnify Impress for, and hold Impress harmless against, any losses, liabilities, claims, damages, costs or expenses, including reasonable attorney’s fees (collectively, “Losses”) in respect of any consumer and customer claims for personal injury, death or property or other damages resulting from granting DLM such access, except to the extent such Losses are a result of Impress’ gross negligence or willful misconduct.
Sample 1
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