Common use of During the Term Clause in Contracts

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 3 contracts

Samples: Contract for the Provision of It Hardware and Software, Contract for the Provision of It Hardware and Software, Commoditised It Hardware and Software Model Contract

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During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment 3.1. 1payment for such Ordered Goods; or 3.2.2 such 3.1. 2such Ordered Goods successfully passing the Acceptance Tests. [*** Ordered Goods to be transferred to the CUSTOMER All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.. SCHEDULE 2-13

Appears in 2 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]transfer 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 2 contracts

Samples: Contract for the Provision of Commoditised It Hardware and Software, Contract

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment 3.1. 1payment for such Ordered Goods; or 3.2.2 such 3.1. 2such Ordered Goods successfully passing the Acceptance Tests. [*** Ordered Goods to be transferred to the CUSTOMER All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER. SCHEDULE 2-13 LIQUIDATED DAMAGES SCHEDULE 2-14 BCDR PLAN 1. PURPOSE OF THIS SCHEDULE 1. 1This Schedule sets out the CUSTOMER's requirements for ensuring continuity of the business processes and operations supported by the Ordered IT Products in circumstances of service disruption or failure and for restoring the Ordered IT Products through business continuity and as necessary disaster recovery procedures. It also includes the requirement on the CONTRACTOR to develop, review, test, change, and maintain a BCDR Plan in respect of the Ordered IT Products. 1. 2The BCDR Plan shall be divided into three parts: 1.2. 1Part A which shall set out general principles applicable to the BCDR Plan ("General Principles");

Appears in 2 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]N/A 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 1 contract

Samples: Software Subscription & Support Renewal Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]. 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 1 contract

Samples: Contract for the Provision of Microsoft Operating System Updates

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]to be transferred to the CUSTOMER. 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to Schedule 2 (Model Contract) v 1.00 74 conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.. Schedule 2 (Model Contract) v 1.00 75

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s CUSTOMER‟s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 1 contract

Samples: Contract for the Provision of Commoditised It Hardware and Software

During the Term. 3.1 47.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 47.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 47.2.1 payment for such Ordered Goods; or 3.2.2 47.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]transfer 3.3 47.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 47.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

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During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment 3.1. 1payment for such Ordered Goods; or 3.2.2 such 3.1. 2such Ordered Goods successfully passing the Acceptance Tests. [*** Ordered Goods to be transferred to the CUSTOMER All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER. SCHEDULE 2-14 BCDR PLAN 1. PURPOSE OF THIS SCHEDULE 1. 1This Schedule sets out the CUSTOMER's requirements for ensuring continuity of the business processes and operations supported by the Ordered IT Products in circumstances of service disruption or failure and for restoring the Ordered IT Products through business continuity and as necessary disaster recovery procedures. It also includes the requirement on the CONTRACTOR to develop, review, test, change, and maintain a BCDR Plan in respect of the Ordered IT Products. 1. 2The BCDR Plan shall be divided into three parts: 1.2. 1Part A which shall set out general principles applicable to the BCDR Plan ("General Principles");

Appears in 1 contract

Samples: Contract for Statistical Analysis System (Sas) Licences

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment for such Ordered Goods; or 3.2.2 such Ordered Goods successfully passing the Acceptance Tests. [*** Ordered Goods to be transferred to the CUSTOMER All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***]transfer 3.3 Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER. 1. PURPOSE OF THIS SCHEDULE 1.1 This Schedule sets out the CUSTOMER's requirements for ensuring continuity of the business processes and operations supported by the Ordered IT Products in circumstances of service disruption or failure and for restoring the Ordered IT Products through business continuity and as necessary disaster recovery procedures. It also includes the requirement on the CONTRACTOR to develop, review, test, change, and maintain a BCDR Plan in respect of the Ordered IT Products. 1.2 The BCDR Plan shall be divided into three parts: 1.2.1 Part A which shall set out general principles applicable to the BCDR Plan ("General Principles"); 1.2.2 Part B which shall relate to business continuity ("Business Continuity Plan"); and 1.2.3 Part C which shall relate to disaster recovery ("Disaster Recovery Plan"). 1.3 The BCDR Plan shall detail the processes and arrangements which the CONTRACTOR shall follow to ensure continuity of the business processes and operations supported by the Ordered IT Products following any failure or disruption of any element of the Ordered IT Products and the recovery of the Ordered IT Products in the event of a Disaster.

Appears in 1 contract

Samples: Maintenance and Support Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment 3.1. 1payment for such Ordered Goods; or 3.2.2 such 3.1. 2such Ordered Goods successfully passing the Acceptance Tests. Ordered Goods to be transferred to the CUSTOMER [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 ] Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.. SCHEDULE 2-13

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 payment 3.1. 1payment for such Ordered Goods; or 3.2.2 such 3.1. 2such Ordered Goods successfully passing the Acceptance Tests. [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 to be transferred to the CUSTOMER Title does not pass in software. Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.. SCHEDULE 2-13 LIQUIDATED DAMAGES – Not used. SCHEDULE 2-14 BCDR PLAN – Not used. Annex A Security Policy Annex B Security Management Plan SCHEDULE 2-16

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

During the Term. 3.1 Where ownership of any Ordered Goods to be used in the provision of the Ordered IT Products changes during the Term, the passing of title and risk in those Ordered Goods shall be as specified in this paragraph 3 6.6 of this Schedule. 3.2 . Title in all Ordered Goods set out in the table below provided by the CONTRACTOR shall pass to the CUSTOMER on the earlier of: 3.2.1 : payment for such Ordered Goods; or 3.2.2 or such Ordered Goods successfully passing the Acceptance Tests. Ordered Goods to be transferred to the CUSTOMER [*** All Ordered Goods will transfer OR insert which Ordered Goods will transfer ***] 3.3 ] Notwithstanding paragraph 3.2.1 of this Schedule, risk in Ordered Goods provided by the CONTRACTOR shall pass to the CUSTOMER when such Ordered Goods successfully pass the Acceptance Tests. If the CUSTOMER has paid for the Ordered Goods prior to conclusion of the Acceptance Tests, the CONTRACTOR shall promptly repay the amounts paid by the CUSTOMER if the Ordered Goods (or any part thereof) do not successfully pass the Acceptance Tests. 3.4 . Notwithstanding paragraph 3.2 of this Schedule, at anytime prior to the transfer of such Ordered Goods to the CUSTOMER in accordance with paragraph 3.2 of this Schedule, the CUSTOMER may request that the CONTRACTOR transfer to a lessor nominated by the CUSTOMER certain Ordered Goods specified in the CUSTOMER’s request. The title and risk in such Ordered Goods during the Term shall be determined in accordance with the relevant lease agreement. Where any terms in the lease agreement conflict or are inconsistent with any terms contained in this Contract, the CONTRACTOR agrees not to enforce such conflicting or inconsistent terms against the CUSTOMER.

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

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