Consignment of Equipment and Materials Sample Clauses

Consignment of Equipment and Materials. 3.1 The equipment, which is required to manufacture the products, is consigned by EXABYTE to ESGW. The EXABYTE Tools and all other tools, drawings, plans, specifications, or other materials furnished by EXABYTE for use by ESGW in its performance under this Agreement or any Purchase Order issued hereunder shall be identified as, and shall be and remain, the property of EXABYTE and shall be used by ESGW only in its performance hereunder. Such property shall be returned to EXABYTE at EXABYTE’s cost, upon request, to a destination specified by EXABYTE, in the same condition as provided, except for normal wear and tear. Such equipment is set forth in Schedule 4 attached hereto. ESGW shall maintain, but not refurbish, the EXABYTE Tools at ESGW’s cost and expense and shall maintain, or pay to maintain, in accordance with EXABYTE’s requirements any other EXABYTE-owned property in use by ESGW at ESGW’s cost and expense. ESGW reserves the right to consult with EXABYTE prior to proceeding with any maintenance or refurbishment of Tools. ESGW shall be responsible for the operation and security of the EXABYTE Tools and any other EXABYTE-owned property in use by ESGW. 3.2 One of the major components, the Exabyte Tape Drive, is consigned by EXABYTE to ESGW. EXABYTE agrees to maintain an inventory of such components at the ESGW manufacturing site(s) as mutually agreed to by ESGW and EXABYTE. The quantity consignment inventory shall be as agreed upon by the Parties and shall include a mutually agreed quantity of buffer stock. The quantity of consignment inventory will be monitored and adjusted as-needed by mutual agreement. EXABYTE (or its vendor) will ship replacement quantities of Components upon Exabyte’s request. These shipments will restore the Consignment inventory to the mutually-agreed level. All consigned inventory will be shipped at C.I.F. ESGW manufacturing site. ESGW will be liable for EXABYTE’s replacement cost for any inventory shrinkage which shall be reconciled monthly.
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Consignment of Equipment and Materials. (a) Purchaser will consign to IR the Purchased Fab 1 Equipment, the Mexico Assembly Equipment and the Mexico Substrate Equipment (collectively, the “Equipment”) during the times, and for use in providing the Services, specified in this Agreement. The Equipment shall not be used by IR for any other purpose. IR shall have the right, at its option and discretion, to use alternate IR equipment to meet Committed Forecast and Loading Schedules. IR shall not contest the filing by Purchaser of appropriate UCC financing statements during the term of this Agreement in any appropriate jurisdiction for the purposes of Purchaser evidencing its ownership of the Equipment (and any other consigned materials provided hereunder); provided however, any such financing statement(s) shall be sufficiently detailed so as to specifically identify such Equipment and materials and shall be promptly updated or terminated to the extent of the reduction of consigned Equipment and materials. (b) IR shall be responsible, at its own cost and expense, for routine maintenance and calibration of the Equipment, in accordance with IR’s repair and maintenance and preventative maintenance procedures in place as of the commencement of this Agreement. Major maintenance events that exceed (i) $10,000 with respect to Mexico Assembly Equipment or Mexico Substrate Equipment, or (ii) $100,000 with respect to Fab 1 Equipment (“Major Maintenance Event”) , shall be undertaken at Purchaser’s sole cost and expense. If IR determines that a Major Maintenance Event has occurred, IR shall so inform Purchaser in writing and shall undertake such reasonable maintenance as directed in writing by Purchaser and at Purchaser’s expense. Modifications to improve performance shall be undertaken by IR at the reasonable request of Purchaser and at Purchaser’s cost. The capacity limit applied to any Services shall be reduced to the extent of the impact of any equipment that fails to properly perform for reasons other than IR’s failure to comply with its obligations hereunder. (c) IR shall maintain and operate the Equipment with the same care that it uses to operate its own equipment of a similar nature and complexity and in compliance with applicable law (including, without limitation, applicable environmental laws). IR shall be responsible for obtaining and maintaining all licenses, permits or other government approvals necessary for operation (but not the ownership) of the Equipment as contemplated by this Agreement. (d) ...
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Consignment of Equipment and Materials. Certain equipment and tooling, which is required for manufacturing the Products will be consigned by Satcon to Perfect Galaxy for use (the “Satcon Tooling”) at no expense to Perfect Galaxy. The Satcon Tooling and all drawings, plans, specifications, or other materials furnished by Satcon to Perfect Galaxy relating to Satcon Tooling shall be and remain the property of Satcon, and shall be used by Perfect Galaxy only for the purposes of effectuating Perfect Galaxy’s performance of this Agreement. Satcon tooling shall be returned to Satcon at Satcon’s expense, upon request, to a destination specified by Satcon, in operative condition, except for normal wear and tear.
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Consignment of Equipment and Materials. Certain equipment and tooling, which is required for manufacturing the Products will be consigned by Satcon to ExcelStor for use (the “Satcon Tooling”) at no expense to ExcelStor. The Satcon Tooling and all drawings, plans, specifications, or other materials furnished by Satcon to ExcelStor relating to Satcon Tooling shall be and remain the property of Satcon, and shall be used by ExcelStor only for the purposes of effectuating ExcelStor’s performance of this Agreement. Satcon Tooling shall be returned to Satcon at Satcon’s expense, upon request, to a destination specified by Satcon, in operative condition, except for normal wear and tear. The Parties shall execute a Consignment Agreement substantially in the form as set forth in Exhibit A attached.
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Related to Consignment of Equipment and Materials

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances: (i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended (ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

  • Stored Materials The Department shall not be required to pay for materials stored at the site or stored at other locations absent prior written authorization to do so, which authorization may be withheld at the Department's sole discretion. If the Department expressly agrees to pay for materials stored at the site but not yet incorporated into the Work, the Application for Payment may also include a request for payment of the cost of such materials, if the materials have been delivered to the site, and suitably stored. Such requests shall be documented by appropriate invoices and bills of sale. Payment for stored materials shall be conditioned also on the Design-Builder’s representation that it has inspected the material and found it to be free from defect and otherwise in conformity with this Agreement, and on satisfactory evidence that the materials are insured under the builder’s risk policy. Further, if the Design-Builder requests the Department to allow payments for storage of materials offsite, the Design-Builder shall be required, inter alia, to agree to execution of proper documentation to afford the Department a secured interest in the materials upon payment.

  • PURCHASE OF EQUIPMENT AND PERSONAL PROPERTY For valuable consideration, the sum of $1.00, receipt of which is acknowledged, Xxxxxx agrees to quitclaim, transfer, sell, waive and release any interest it has or may have, including as the beneficiary of any trust interest created by the provisions of The Book of Discipline of The United Methodist Church, and Xxxxx agrees to accept all of Seller’s title and interest, if any, in and to all of the properties and assets held by Xxxxxx United Methodist Church and relating to the Conference’s claim for itself, or on behalf of The United Methodist Church, of any beneficial right of any kind, including all proprietary rights and privileges of any kind or nature, whether arising by operation of law, trust, contract, property or other means to all tangible personal property owned as of the date of this Bill of Sale in the name of Xxxxxx United Methodist Church (including, without limitation, cash, bank accounts, accounts and notes receivable, deposits, prepaid items, contents, furnishings, equipment, tools, furniture, leasehold improvements, computer software, permits, licenses, authorizations, books, records, papers, securities, funds, goodwill, contracts, and other intangibles (hereinafter collectively, the "Personal Property") on the terms and conditions set forth in this Bill of Sale.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Equipment and Tools 40.01 The Employer will make available all necessary tools and equipment it requires for the performance of work assignments at no cost to the employees. Such tools and equipment will remain the property of the Employer and the employees will be required to take reasonable care of this property and may be required to sign out certain equipment and tools.

  • Closeout of Equipment 1. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Grantee will submit to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx an inventory of equipment purchased with System Agency funds and request disposition instructions for such equipment. 2. All equipment purchased with System Agency funds must be secured by Grantee at the time of Closeout, or termination of this Contract, and must be disposed of according to the System Agency’s disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency Grantee, at Xxxxxxx’s expense.

  • Equipment and Software To use the Mobile Remote Deposit Services, you must obtain and maintain at your expense, compatible equipment and software that we may specify from time to time.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

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