Common use of Equipment and Personnel Clause in Contracts

Equipment and Personnel. A. For the purpose of supplying any Product to Buyer, Seller shall provide, at its own expense, adequate facilities, properly maintained equipment, effectively trained employees and professional personnel. Seller and its employees shall engage in safe production without violating any current safety laws or regulations. B. Seller shall have sole responsibility for the direction and control of its facilities, equipment, employees and/or agents. All personnel assigned by Seller will be employees of Seller and Seller shall pay all salaries and expenses of and all federal, social security, federal and state unemployment taxes, and any other payroll taxes relating to such employees. Seller will be considered, for all purposes, an independent contractor and Seller will not, directly or indirectly, act as an agent, servant or employee of Buyer, or make any commitments or incur any liabilities on behalf of Buyer without the prior written consent of an authorized representative of Buyer. C. Seller hereby grants to Buyer an irrevocable option to purchase some or all of all supplies, materials, dies, tools, molds, jigs, fixtures, machinery, equipment, gauges, designs, patterns, specifications, blueprints, drawings, and all other items, excluding Buyer’s Property, that are used in the production of the Products (“Seller’s Property”). The purchase price for Seller’s Property shall be the net book value of such Seller’s Property, less any amounts already received by Seller for such Seller’s Property. Any of Seller’s Property purchased by Buyer pursuant to this option shall be delivered free and clear of all liens, claims and other encumbrances. This option may be exercised by Buyer regardless of whether Seller has breached any terms of this Agreement, but shall not apply to any of Seller’s property that is substantially used for the production of items that Seller does not provide to Buyer.

Equipment and Personnel. A. For the purpose of supplying any Product to Buyer, Seller shall provide, at its own expense, adequate facilities, properly maintained equipment, effectively trained employees and professional personnel. Seller and its employees shall engage in safe production without violating any current safety laws or regulations. B. Seller shall have sole responsibility for the direction and control of its facilities, equipment, employees and/or agents. All personnel assigned by Seller will be employees of Seller and Seller shall pay all salaries and expenses of and all federal, social security, federal and state unemployment taxes, and any other payroll taxes relating to such employees. Seller will be considered, for all purposes, an independent contractor and Seller will not, directly or indirectly, act as an agent, servant or employee of Buyer, or make any commitments or incur any liabilities on behalf of Buyer without the prior written consent of an authorized representative of Buyer. C. Seller hereby grants to Buyer an irrevocable option to purchase some or all of all supplies, materials, dies, tools, molds, jigs, fixtures, machinery, equipment, gauges, designs, patterns, specifications, blueprints, drawings, and all other items, excluding Buyer’s Property, that are used in the production of the Products (“Seller’s Property”). The purchase price for Seller’s Property shall be the net book value of such Seller’s Property, less any amounts already received by Seller for such Seller’s Property. Any of Seller’s Property purchased by Buyer pursuant to this option shall be delivered free and clear of all liens, claims and other encumbrances. This option may be exercised by Buyer regardless of whether Seller has breached any terms of this Agreement, Agreement but shall not apply to any of Seller’s property that is substantially used for the production of items that Seller does not provide to Buyer.

Equipment and Personnel. A. For the purpose of supplying any Product to Buyer, Seller shall provide, at its own expense, adequate facilities, properly maintained equipment, effectively trained employees and professional personnel. Seller and its employees shall engage in safe production without violating any current safety laws or regulations. B. Seller shall have sole responsibility for the direction and control of its facilities, equipment, employees and/or agents. All personnel assigned by Seller will be employees of Seller and Seller shall pay all salaries and expenses of and all federal, social security, federal and state unemployment taxes, and any other payroll taxes relating to such employees. Seller will be considered, for all purposes, an independent contractor and Seller will not, directly or indirectly, act as an agent, servant or employee of Buyer, or make any commitments or incur any liabilities on behalf of Buyer without the prior written consent of an authorized representative of Buyer. C. Seller hereby grants to Buyer an irrevocable option to purchase some or all of all supplies, materials, dies, tools, molds, jigs, fixtures, machinery, equipment, gauges, designs, patterns, specifications, blueprints, drawings, and all other items, excluding Buyer’s Property, that are used in the production of the Products (“Seller’s Property”). The purchase price for Seller’s Property shall be the net book value of such Seller’s Property, less any amounts already received by Seller for such Seller’s Property. Any of Seller’s Property purchased by Buyer pursuant to this option shall be delivered free and clear of all liens, claims and other encumbrances. This option may be exercised by Buyer regardless of whether Seller has breached any terms of this Agreement, but shall not apply to any of Seller’s property that is substantially used for the production of items that Seller does not provide to Buyer.

Equipment and Personnel. A. For the purpose of supplying any Product to Buyer, Seller shall provide, at its own expense, adequate facilities, properly maintained equipment, effectively trained employees and professional personnel. Seller and its employees shall engage in safe production without violating any current safety laws or regulations. B. Seller shall have sole responsibility for the direction and control of its facilities, equipment, employees and/or agents. All personnel assigned by Seller will be employees of Seller and Seller shall pay all salaries and expenses of and all federal, social security, federal and state unemployment taxes, and any other payroll taxes relating to such employees. Seller will be considered, for all purposes, an independent contractor and Seller will not, directly or indirectly, act as an agent, servant or employee of Buyer, or make any commitments or incur any liabilities on behalf of Buyer without the prior written consent of an authorized representative of Buyer. C. Seller hereby grants to Buyer an irrevocable option to purchase some or all of all supplies, materials, dies, tools, molds, jigs, fixtures, machinery, equipment, gauges, designs, patterns, specifications, blueprints, drawings, and all other items, excluding Buyer’s Property, that are used in the production of the Products (“Seller’s Property”). The purchase price for Seller’s Property shall be the net book value of such Seller’s Property, less any amounts already received by Seller for such Seller’s Property. Any of Seller’s Property purchased by Buyer pursuant to this option shall be delivered free and clear of all liens, claims and other encumbrances. This option may be exercised by Buyer regardless of whether Seller has breached any terms of this Agreement, but shall not apply to any of Seller’s property that is substantially used for the production of items that Seller does not provide to Buyer.