Consigned Equipment. 4.9.1.1.1 The CM is expected to assume responsibility for calibration of Harmonic consigned test equipment.
Consigned Equipment. 3.1 Customer may, from time to time throughout the term of this Amendment, consign to Supplier certain capital equipment, including the capital equipment listed on Exhibit B hereto (the “Consigned Equipment”). The terms and conditions of Sections 12.0 and 14.7 of the Master Agreement shall govern the Supplier’s use and possession of the Consigned Equipment, as supplemented by this Amendment. * - Confidential Treatment Requested. Omitted portions filed with the SEC.
Consigned Equipment. Brocade shall ensure that at the time of delivery of Brocade Property or Ancillary Technology, Brocade shall have [*]such Brocade Property or Ancillary Technology. [*]Intellectual Property. Brocade warrants that it has all intellectual property rights required to make available to Solectron the material and information (including any designs, drawings and specifications) necessary for Solectron to manufacture the Products hereunder. In addition, Brocade warrants that it is the owner or all copyrights and trade secrets in, and that Brocade has the right to supply, the software provided by Brocade to Solectron hereunder for inclusion in the Products.
Consigned Equipment. Contractor will be responsible for all equipment consigned to him/her. Any equipment consigned to Contractor that is not returned within twenty-four (24) hours upon request will be subject to a charge back for equipment, as well as any additional costs that may be incurred. Upon termination or release of Contractor Agreement with Vestech, LLC, all Contractors are required to return all consigned equipment back to Vestech, LLC within 24 hours of termination of contract, Contractor will incur charge backs for any equipment not returned, along with any legal costs associated with repossession of equipment. Contractor must ensure that everything that is installed at a customer’s home or business, which relates to dishes, trias, modems, and mounts, is added to the work order with a line item for each product that is installed on the customer house or work order. Failure to follow these instructions closely could result in no pay or charge back depending on the case. *** Again Contractor acknowledges that all trias, dishes, modems, mounts and other Viasat or others satellite equipment must be installed correctly with a line item for the equipment in which Contractor is installing. Only dishes, trias, modems, mounts and other Viasat satellite equipment closed out on a line item in a work order will be removed from Contractor inventory. If not, Contractor will be responsible for all equipment charges which may result from improper equipment applied on a work order.
Consigned Equipment. The following equipment shall be consigned to Supplier by Buyer to be used in the manufacture of Products: Item Description Serial No. Cygnus Asset Tag No. Location 1 EE-19 Xxxxxxx Toledo Scale 1118252643 N/A Eng. Lab 2 GASTS N/A 4395 Eng. Lab 3 Met One Laser Particle Counter, Model: 1506-49 1506-49652861 4545 Web 2 4 Rotary Die Press 001034 4630 Production floor 5 Jar Roller (Hot Pack) #2 EE-531 N/A N/A Incoming inspection 6 Typ CCD 2004 1403-01 Camera 1 1517 N/A Web 2 7 Typ CCD Led / L403-03 Camera 2 1030053 N/A Web 2 8 Typ CCD 2004 1403-1 Camera 3 1171 N/A Web 2 9 Typ. EKR 1500. C305-01 Controller 1947IP54 80VA 23173400318 4722 Web 2 10 Typ. EKR 1500. C305-01 Controller 1945IP54 80VA 23173400316 N/A Web 2 11 Compaq CPU Desk Pro N/A 4091 Staff area 12 Jar Roller #1 EE-523 N/A N/A Ink room
Consigned Equipment. Buyer shall deliver to Supplier certain testing equipment and Buyer assembly fixtures and tooling for use in the production of the Products as identified on Exhibit C (the “Consigned Equipment”). Such Consigned Equipment will be delivered to Buyer with asset tags identifying such Consigned Equipment as the property of Buyer. Buyer shall retain ownership and title to the Consigned Equipment at all times. Buyer may audit the Consigned Equipment in accordance with Section 8.12. Buyer shall be responsible for all maintenance and replacement (including wear and tear and end of life replacement) costs associated with the Consigned Equipment. Supplier will perform routine preventive maintenance of the Consigned Equipment in accordance with written instructions provided by Buyer to Supplier. Supplier has no title to and no power to transfer title to or grant any interest in the Consigned Equipment and shall not pledge, encumber, grant a security interest or lien in any of the Consigned Equipment. Supplier shall ensure that the Consigned Equipment remains free and clear of any and all liens, claims, interests and encumbrances (other than those created by Buyer, if any) and shall defend, indemnify and hold Buyer harmless for any loss, damages, claims or breaches of any covenant contained in this Section 2.4. Buyer shall have the absolute right to obtain the return of the Consigned Equipment at any time on written demand and is hereby authorized to file a financing statement and take other actions to ensure that its right, title and ownership in the Consigned Equipment are adequately protected.
Consigned Equipment. 20 SECTION 11.
Consigned Equipment. The Borrower and each of its Subsidiaries shall not permit Equipment with a value (in the aggregate as to all such Equipment) in excess of $4,000,000 to become Consigned Equipment.
Consigned Equipment. Staktek shall provide Manufacturer with the production equipment listed in Schedule B (“Consigned Equipment and Equipment to be Purchased”) at no cost to Manufacturer except as set forth in this Section 2.2. Consigned Equipment and Equipment to be Purchased shall be in good, operating condition. # # # Confidential treatment has been requested for portions of this exhibit. Information for which confidential treatment has been requested has been omitted and is noted with “***”. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. EXHIBIT 10.2 CONFIDENTIAL TREATMENT REQUESTED—EDITED COPY
Consigned Equipment. If EMS terminates this Agreement, EMS shall return all Consigned Equipment in EMS’ possession to UTS and at EMS’ expense within 5 business days, and EMS shall bear risk of loss of or damage to Consigned Equipment during return shipment. UTS can request the return of any and all Consigned Equipment at any time. EMS shall return all Consigned Equipment in EMS’ possession to UTS at UTS’ direction at UTS’ expense within 5 business days after receipt of such request from UTS, and UTS shall bear risk of loss of or damage to Consigned Equipment during return shipment. EMS’ production and warranty obligations which require the utilization of the returned UTS Consigned Equipment will cease upon EMS’ fulfillment of the return obligations hereunder. Security Interest. EMS shall not allow any Encumbrances to be placed on any Consigned Equipment. EMS shall give UTS immediate written notice should any third party attempt to place or place any Encumbrance on the Consigned Equipment.
