Customer-Furnished Items. NAVITAIRE MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CUSTOMER-FURNISHED ITEMS.
Customer-Furnished Items. CUSTOMER shall provide SANMINA-SCI with the Product design and related specifications, applicable regulatory requirements, equipment, tooling, Components or documentation set forth in Exhibit C (collectively the “Customer-Furnished Items”). CUSTOMER hereby represents and warrants that the Customer-Furnished Items are or will be fit for their intended purposes, meet all applicable regulatory requirements, and will be delivered to SANMINA-SCI in a timely manner. Documentation (including BOM’s, drawings and artwork) shall be current and complete. CUSTOMER shall be responsible for schedule delay, reasonable inventory carrying charges and allocated equipment down time charges associated with the incompleteness, late delivery or non-delivery of the Customer-Furnished Items.
Customer-Furnished Items. 32.1 Customer-Furnished Items Customer shall furnish at no cost to Boeing the equipment, facilities, and services described in Section 6.0 of Exhibit A (Statement of Work) (“Customer-Furnished Items”). Customer warrants that the Customer-Furnished Items delivered under this Contract shall be in good working condition and adequate for the required purposes and, for the Launch of the Satellite hereunder, shall be made available free of charge for Boeing’s use during the period commencing on the date established therefor at the technical interface meetings described in Section 6.0 of Exhibit A (Statement of Work) and continuing through the IOT Complete Date for the Satellite. Customer and Boeing will conduct an interface meeting on the date established therefor at the technical interface meeting described in Section 6.0 of Exhibit A (Statement of Work) to confirm the availability and adequacy of such Customer-furnished equipment, facilities, and services. If any defects are found in any Customer-Furnished Items or any Customer-Furnished Items does not conform to the applicable specifications and requirements, and such failure to conform renders such Customer-Furnished Items to be inadequate for the required purpose, Customer shall at its expense, either correct, repair or replace, at its option, any such defective or non-conforming equipment. In the event Boeing is delayed in performing the Work within the time prescribed under this Contract by reason of (i) Customer’s failure to furnish any of the Customer-Furnished Items to Boeing on or before the dates specified in Section 6.0 of Exhibit A (Statement of Work) or (ii) any Customer-Furnished Items that is defective, fails to conform to the applicable specifications or requirements or Customer’s warranty above in this Article 32.1 (Customer-Furnished Items), Boeing shall use Reasonable Efforts to avoid and/or mitigate the effect of failure. To the extent Boeing is unable to avoid and/or mitigate the effect of such failure, Boeing shall be entitled to reimbursement of its Actual Costs plus [*****] profit incurred as a direct result of Customer’s failure to furnish on a timely basis Customer Furnished Equipment, and an equitable adjustment in Delivery Date for the Work impacted, provided, however, that Boeing notify Customer in writing no later than five (5) days after such failure with a good faith estimate of such Actual Costs plus [*****] profit and proposing an equitable adjustment in Delivery Date for the ...
Customer-Furnished Items. (CFIs)
I.20.1 The Agency shall make available and the Contractor shall accept and take into custody the CFIs, as provided in the SC.
I.20.2 The risk of loss, damage or degradation to any CFI shall lie down with the Contractor from the time the CFI is delivered to the Contractor until the time specified in the Specific Contract. Upon being made available, the Contractor shall take into custody and as soon as reasonably practicable inspect any CFI for visible damage and, as far as possible in consideration of its nature, immediately test the CFI on suitability for its defined purpose under the Contract and as, may be necessary to verify its full functionality, subject it to a functional test. If the full functionality of a CFI can only be tested after its installation or integration into another object, the Contractor shall carry out the integration or installation as soon as possible in due consideration of the work schedule applicable under the Specific Contract and availability of test facilities in order to verify the functionality.
I.20.3 The Contractor shall assume liability for loss or damage to the CFI caused by the Contractor (including by its subcontractors, or employees) from the time the CFI delivery to the until the time specified in the Contract.
I.20.4 The rights granted in relation to the handed-over CFIs shall be revoked with immediate effect in the case of termination of the Contract. At termination or expiry of the Specific Contract, the Contractor shall return back, the CFI.
I.20.5 The ownership of the CFI shall remain with the Agency or with its specified owner.
I.20.6 The Contractor shall be required to keep a permanent inventory of the CFI(s) supplied by the Agency under the present clause and, unless already marked by the Agency, to mark these items in an unambiguous way as being the property of the Agency or of any other identified owner.
Customer-Furnished Items. SUPPLY OF TDPS & RELATED ITEMS
(b) then ESA and Inmarsat shall agree not to embark or to disembark ( as applicable) the offending TDP and if necessary replace it by an appropriate TDP Dummy provided by ESA. Further if the recovery actions required for offending TDP(s);
(a) cause a delay of the Alphasat spacecraft delivery date that will result in a significant risk of the loss of a pre-agreed launch period, launch slot or launch date (as appropriate), or
(b) are the sole cause of a cumulative extension of the AIT period and the associated spacecraft delivery date ****, then Inmarsat may instruct ESA and Contractor not to embark or to disembark (as applicable) the offending TDP and if necessary replace it by an appropriate TDP Dummy provided by ESA. The provisions described above between ESA and Inmarsat manifest themselves between Inmarsat and Contractor as follows: Where such a delay can be accommodated, with an acceptable impact on the programme, through suitable optimisation or adaptation to the nominal Assembly, Integration & Test (AIT) sequence, or due to the overall slippage in the Alphasat spacecraft programme, this shall be agreed between Inmarsat and Contractor and any consequences directly relating to this delay will be the subject of the associated Change action (Change supported by ESA). **** Inmarsat shall inform Contractor whether it has agreed with ESA to either embark or to disembark ( as applicable) the offending TDP and if it will replace it by an appropriate TDP Dummy provided by ESA. For information, this decision will be at Inmarsat’s discretion based on the following;
(c) whether such replacement will result in a delay in Alphasat spacecraft completion that will potentially result in a loss of a pre-agreed launch period, and hence a significant delay in the nominal launch date. circumstances where the sole cause of a cumulative extension of the AIT period by **** or more shall be regarded by Inmarsat and ESA as ones in which a delay in Alphasat spacecraft completion will result in a loss of a pre-agreed launch period
Customer-Furnished Items. Any Customer Furnished Items, made available to the Contractor and/or his Sub- Contractors under the Contract by the Agency are listed in the List of Customer Furnished Items attached as Annex 2 hereto.
Customer-Furnished Items. TerreStar shall provide suitable design documentation and support materials according to the following schedules.
3.9.1 User Terminal Chipset, Vocoder, and Support Section Reference Requirement
3.9.1 1 TerreStar shall conclude the evaluation and selection of the ATC Baseband Processor and the Satellite RF chipsets by [***].
Customer-Furnished Items. TerreStar shall provide suitable design documentation and support materials according to the following schedules.
3.9.1 User Terminal Chipset, Vocoder, and Support
Customer-Furnished Items. CUSTOMER shall provide SANMINA-SCI with the Product design and related specifications, applicable regulatory requirements, equipment, tooling, Components or documentation set forth in Exhibit C (collectively the “Customer-Furnished Items”). CUSTOMER shall deliver the Customer-Furnished Items to SANMINA-SCI in a timely manner. Documentation (including BOM’s, drawings and artwork) shall be current and complete and maybe updated by Customer from time to time.
Customer-Furnished Items. The Supplier agrees, with respect to all Customer Furnished Items (CFI), including but not limited to equipment, models, devices and any facilities, furnished by ASP or by third parties (e.g. ASP customer) under this Agreement is used solely in the performance of this Agreement and remain the property of the providing party. The Supplier approves further • that the supplier transparently marks the provided items as third-party property, and records them in a corresponding inventory list as third-party property • that he shall assure himself of the suitability and condition of the CFI. The cost of any fixtures or other specific adaptations shall be borne by the Supplier; • that title to such CFI shall remain exclusively in ASP or the corresponding third party, ensuring that no lien, encumbrance, pledge or other interest whatsoever attaches to such CFI. In the event of modification of the CFI, ASP shall retain title, unless otherwise agreed. In any case of an inseparable integration or amalgamation with other items, ASP shall acquire equitable ownership. • that risk in each such property shall pass from ASP to the Supplier upon its delivery. The Supplier shall be responsible for subsequent handling, storage, maintenance., • to be responsible for payment of all taxes or other expenses which become due by reason of the Supplier’s or any Lower Tier Supplier’s possession, control or use of such CFI, and to comply with all requirements of said laws, including making payment of any interest or penalties related thereto; • except as may otherwise be provided in this Agreement to pack and return such CFI at its expense to ASP upon completion of all work or termination of this Agreement. Risk in the CFI shall revert to ASP when arriving at ASP’s premises. ASP or the Customer shall not be liable for any damages related to such CFI or arising from the use or possession thereof.