Consigned Equipment Clause Samples

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. 3.2 With respect to the Consigned Equipment and the use and possession thereof, Supplier shall comply with any and all applicable requirements of the Customs authorities of the People’s Republic of China (“China”) and any agency, department, commission, board, bureau or instrumentality of any governmental or quasi-governmental authority of China. The parties agree that, if and when required by China Customs, the Consigned Equipment shall be returned by Supplier to Customer. Supplier shall properly crate, insure and ship the Consigned Equipment (using Customer’s standard packing materials or their equivalent and a carrier reasonably acceptable to Customer), to the place of original shipment or such other place outside of China that Customer may designate. Customer will reimburse Supplier for its actual costs and expenses for crating, insuring and shipping the Consigned Equipment upon receipt of a proper invoice therefore. Supplier shall be responsible, at Supplier’s sole cost and expense, for the posting of any deposit or guarantee required by China Customs with respect to any potential duty or VAT (as defined below) on the Consigned Equipment, with reimbursement by Customer to Supplier of any such expense, including but not limited to, duty, VAT and surcharges, via separate Purchase Order. 3.3 Without in any way limiting the provisions of Section 6.0 below, Supplier agrees that it will report in a timely manner to the applicable Chinese Customs authorities all required information regarding its importation, possession and use of the Consigned Equipment. 3.4 In the event it is determined at any time by the applicable Chinese Customs authorities that any Consigned Equipment is not qualified for exemption from import duty and other import costs, the responsibility for payment of such duty and costs shall be borne exclusively by Supplier, except that so long as Supplier can demonstrate that it has made reasonable and good faith efforts to comply with any and all applicable requirements of the Custom...

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. 4.9.1.1.1 The CM is expected to assume responsibility for calibration of Harmonic consigned test equipment. 4.9.1.1.2 The CM shall inform Harmonic of any “Out of Tolerance” calibration immediately so that a pertinent analysis can be done to assess the impact on products shipped to Harmonic and/or its customers

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. 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 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. The following equipment shall be consigned to Supplier by Buyer to be used in the manufacture of Products:

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.

Consigned Equipment. 20 SECTION 11.