BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first.
BUYER PROPERTY. Unless otherwise agreed in writing, Seller at its cost shall supply all materials, equipment, tools and facilities required to perform under this Contract. Any materials, equipment, tools, dies or other properties furnished by Buyer or paid for by Buyer, and any design drawings relating to or used in the manufacture of such properties, shall remain Buyer’s property. Any Buyer property shall be used only for performance under this Contract and, on demand, must be returned to Buyer in accordance with Xxxxx’s instructions without charge. Seller agrees, as a condition of this Contract, that it will: (i) properly mark/label, identify and segregate any and all Buyer property in such fashion as to clearly identify such items as being the property of Buyer, (ii) prevent the commingling of said Buyer property with other material in Seller’s possession except in accordance with applicable Buyer specifications or Buyer’s written approval and (iii) assume responsibility for all taxes and risk of loss or damage with respect to said Buyer property at all times until such property is returned to Buyer.
BUYER PROPERTY. Seller shall clearly xxxx, maintain an inventory of and keep segregated or identifiable all Buyer property and all property to which Buyer acquires an interest by virtue of the Agreement. Except for ordinary wear and tear, Seller assumes all risk of loss, destruction, or damage to such property while in Seller’s possession, custody, or control, and will not use such property other than in performance of the Agreement without Buyer’s written consent. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss. Seller will notify Buyer if Buyer property is lost, damaged, or destroyed. As directed by Buyer, upon completion, termination, or cancellation of the Agreement, Seller shall deliver such property, to the extent not incorporated in delivered end products, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. At the request of Buyer, Seller shall execute any documents, including but not limited to financial statements, required by Buyer to protect its interest in this property. If, in the performance of the Agreement, Buyer furnishes Seller with components or other concerns to be incorporated by Seller in the Products to be delivered to Buyer, Buyer does not waive its right to require the level of quality specified for the Products to be delivered by Seller. Seller agrees to replace any components or other items furnished by Buyer that are damaged by Seller or Seller's agents, or to reimburse Buyer for the same. Seller agrees that all dies, tools, jigs, fixtures, designs, drawings, patterns and other special items, which are furnished by Buyer without charge, shall be the Property of Buyer.
BUYER PROPERTY. All confidential and/or proprietary information regarding Buyer, its business, products, customers, and requirements; all designs, drawings, Specifications, software, molds, dies, tooling, equipment, processes, materials, and technical, engineering, or other data and/or information that are furnished to Seller by Buyer or developed at Buyer’s expense; and all related intellectual property and proprietary rights (collectively, “Buyer Property”) are and will be the exclusive property of Buyer and may not be reproduced, copied, or used except as strictly required to fulfill Buyer’s Orders. Standard goods manufactured by Seller and sold to Buyer without being designed, customized, or modified for Buyer and related standard designs, Specifications, software, processes, and tooling do not constitute Buyer Property. Buyer Property and any product or service purchased hereunder shall be deemed to be work-for-hire made pursuant to a written instrument exclusively for Buyer. To the extent that any Buyer Property, product or service purchased hereunder is not considered a work-for-hire or Seller retains any rights therein, Seller agrees to and hereby grants, assigns and conveys to Buyer all of its right, title and interest, if any, and in all copyrights and other intellectual property rights, including the sole right to sue for infringement thereof. Seller irrevocably waives any claim or rights to any Buyer Property and agrees to protect and hold the same in trust for the benefit of Buyer, to limit access thereto to its Representatives having a need therefor to fulfill Buyer’s Orders, and to protect and safeguard the same against loss, damage, or unauthorized use or disclosure, and to deliver the same to Buyer at any time upon its request. Seller agrees to take any actions or execute any documentation reasonably requested to confirm and perfect Xxxxx’s rights in Buyer Property or to seek protection therefor. To the extent Seller fails to do so, Seller hereby appoints the officers and counsel of Xxxxx as its attorney in fact to execute documents and take actions on behalf of such party and its Representatives, successors and assigns for such limited purposes, which appointment is a power coupled with an interest. All Buyer Property, and all products, parts, or other items manufactured, developed, or produced utilizing Buyer Property, will be supplied and used solely for the benefit of Buyer and not for the benefit of Seller or third parties. Seller acknowledges that a...
BUYER PROPERTY. All supplies, materials, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items purchased, either directly or indirectly, by Buyer and/or furnished or delivered to Seller to perform the Order, or for which Seller has been reimbursed by Xxxxx (collectively referred to as “Buyer’s Property”), shall be and remain the property of Buyer. Seller shall bear the risk of loss of and damage to Xxxxx’s Property in Seller’s possession, custody or control. Buyer’s Property shall at all times be properly housed and maintained by Seller; shall not be used by Seller for any purpose other than the performance of this Order; shall be deemed to be property; shall be conspicuously marked PROPERTY OF NORTHROP GRUMMAN INTERNATIONAL ASIA SERVICES, INC. by Seller; shall not be commingled with the property of Seller or with that of any third person; and shall not be moved from Seller’s premises without Buyer’s prior written approval. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer or delivered to Buyer by Xxxxxx, at Xxxxx’s direction and expense. With reasonable prior notice, Xxxxx shall have the right to enter onto Seller’s premises to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Xxxxxx agrees that it will comply with the obligation hereunder to release Xxxxx’s Property notwithstanding any offsetting claim it might have against Buyer and that Seller shall be liable for any loss or damage to Buyer resulting from Seller’s failure to release Xxxxx’s Property when requested.
BUYER PROPERTY. Unless otherwise expressly agreed in writing, all material, tooling, designs, data, documents, and any other property supplied or paid for by Buyer in connection with this Purchase Order (a) shall be and remain the property of Buyer, (b) shall be delivered to Buyer upon request, (c) shall not be used for or disclosed to anyone other than Buyer, and (d) shall be maintained at the risk of Seller, who shall be responsible for all loss or damage to such property apart from normal wear and tear.
BUYER PROPERTY. All supplies, materials, computer files, tools, jigs, dies, gauges, fixtures, molds, patterns, diagrams, equipment, and other items furnished by Buyer, either directly or indirectly, to Seller or its Subcontractors to perform this Agreement or any PO, or for which Seller has been reimbursed by Buyer (“Buyer Property”), shall be and remain the property of Buyer and held by Seller on a bailment basis. Seller shall bear the risk of loss of and damage to Buyer Property. Buyer Property shall (i) at all times be properly housed and maintained by Seller, at its expense, (ii) not be used by Seller or its Subcontractors for any purpose other than the performance of this Agreement, (iii) be deemed to be personalty and conspicuously marked by Seller as the property of Buyer, (iv) shall not be commingled with the property of Seller, of its Subcontractors, or with that of any other third party, and (v) shall not be moved from Seller’s premises (or Subcontractor’s premises, as applicable) without Buyer’s prior written approval. Upon the request of Buyer, Buyer Property shall be immediately released to Buyer or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. Where permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any Buyer Property for work performed on such property or otherwise.
BUYER PROPERTY. Supplies, materials, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished or delivered by Buyer to Seller to perform the Order, (collectively referred to as “Buyer’s Property”), shall be and remain the property of Buyer unless otherwise agreed. Buyer’s Property shall at all times be properly housed and maintained by Seller and shall be conspicuously marked PROPERTY OF [INSERT TCCC] by Seller, shall not be used by Seller for any purpose other than the performance of this Order, shall not be commingled with the property of Seller or with that of any third party, and shall not be moved from Seller’s premises without Xxxxx’s prior written approval. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer or delivered to Buyer by Xxxxxx, at Xxxxx’s direction. Buyer shall have the right to enter onto Seller’s premises to inspect Buyer’s Property and Seller’s records with respect thereto.
BUYER PROPERTY. Unless otherwise agreed in writing, all tooling, equipment, material, dies, molds, jigs, fixtures, patterns, machinery, special test equipment, special tapes and gauges which have been furnished, paid for, or charged against Buyer, or which have had their cost amortized shall be deemed Buyer’s property, and shall remain the property of Buyer. Such property, while in Seller’s custody or control, shall be held at Seller’s sole risk, and shall be kept insured by Seller at Seller’s expense in an amount equal to the replacement cost with loss payable to Buyer. Such property shall be delivered in good condition, normal wear and tear accepted, to Buyer, F.O.B. Buyer’s plant, immediately upon request by Buyer. Seller warrants that said items would not be used for any work or for the production of any materials or parts other than for Buyer without Buyer’s written permission.
BUYER PROPERTY. (a) Buyer may provide or make available to Seller certain real or personal property or material owned by either Buyer or its customer, including without limitation, tooling and raw material inventories (“Buyer Property”). Buyer Property also includes items Buyer or its customer may take title to in accordance with the terms of this PO. Buyer Property shall be used only for the performance of this PO. Buyer shall at all times retain title to Buyer Property, which title shall not be affected by the incorporation or attachment thereof to any other property; nor shall such Buyer Property or any other part thereof be or become a fixture or lose its identity as Buyer Property by reason or affixation to any realty. Seller shall manage, maintain, and preserve Buyer Property in accordance with good commercial practice. Seller shall dispose of Buyer Property (including scrap) only in accordance with Xxxxx’s direction. Seller’s property records for equipment shall include a complete, current, auditable record of all Buyer Property transactions and shall include: ownership, description (including identification and serial numbers), quantity, unit cost, accountable contract number/code, location, disposition, inventory date, and traceability to shipping, receiving, storage, and utilization documents. Such records shall be available for Buyer review. Seller shall provide to Buyer an equipment inventory listing on an annual basis by 15 September. Seller shall clearly mark (if not so marked) all Buyer Property (wherever practical each individual item thereof) to show its ownership as “Property of Spartan Air Academy Iraq LLC.” or as otherwise directed for property of Xxxxx’s customer. Seller shall not substitute any property for Buyer Property;
