Equipment Purchases and Upgrades to Plant by NFW Sample Clauses

Equipment Purchases and Upgrades to Plant by NFW i. Company, at its sole expense, shall purchase any equipment that is unique to the production of the Products, including a dehydrator (“Company Equipment”), and thereafter NFW shall be responsible for all costs to maintain and insure such equipment and to train its personnel to use the Company Equipment. The parties will reasonably cooperate to arrange for the installation of the Company Equipment at the Plant. The Company Equipment shall be used solely by NFW for the Products or otherwise on behalf of Company. The delivery and installation of the Company Equipment is a condition precedent to NFW’s obligation to produce and deliver the Products under this Agreement. Upon providing NFW at least three (3) business days advance notice of its intent to remove any Company Equipment, at its sole cost and expense, Company shall cause the removal of the Company Equipment the parties will reasonably cooperate to arrange the removal by the Company of Company Equipment, provided that Company shall only remove such equipment at a time and in a manner that does not interfere with NFW’s business operations. Subject to this Section 6.A, Company, along with its associates, shall be allowed access to remove Company Equipment within ten (10) days of such request. ii. If NFW determines, upon consultation and consent of the Company, that the production of the Products necessitates the installation or use of any equipment in addition to the Company Equipment (“Additional Equipment”), or the making of any additional upgrades to the Plant to enable NFW to timely fulfill its production obligations under this Agreement (“Upgrades”) , the parties shall reasonably cooperate to ensure that such Additional Equipment is obtained and then delivered and installed at the Plant or such Upgrades are made, so as not to delay production. If thirty (30) days prior to the installation of any Additional Equipment or Upgrades, NFW determines, in its sole discretion, that it cannot utilize the Additional Equipment or Upgrades in the production or distribution of products for other customers, then Company shall be solely responsible for all costs associated with the acquisition, delivery, and installation of the Additional Equipment, and NFW shall be responsible for all costs associated with the insurance and maintenance of the Additional Equipment and the training of NFW’s employees as to its proper use. In such case, any Additional Equipment shall be considered “Company Equipment”. With respect ...
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Related to Equipment Purchases and Upgrades to Plant by NFW

  • Equipment Purchases If this Agreement includes the purchase of equipment, this section is applicable. The JBE may, at its option, repair any damaged or replace any lost or stolen items and deduct the cost thereof from Contractor’s invoice to the JBE, or require Contractor to repair or replace any damaged, lost, or stolen equipment to the satisfaction of the JBE at no expense to the JBE. If a theft occurs, Contractor must file a police report immediately.

  • EQUIPMENT PURCHASE This Schedule contemplates Lessor's acquisition of Equipment for lease to Lessee, either by one of the first three categories listed below or by providing Lessee with Equipment from the fourth category, in a value up to the Commitment Amount referred to on the face of this Schedule. If the Equipment acquired is of category (i), (ii) or (iii) below, the effectiveness of this Schedule as it relates to those items of Equipment is contingent upon Lessee's acknowledgment at the time Lessor acquires the Equipment that Lessee has either received or approved the relevant purchase documentation between vendor and Lessor for that Equipment. Lessor will finance only the acquisition of individual items of Equipment with a cost to Lessor of more than $500.00. (i) NEW ON-ORDER EQUIPMENT. Lessor will purchase new Equipment which is specifically approved by Lessor. (ii) SALE-LEASEBACK EQUIPMENT. Any in-place Equipment installed at Lessee's site and to which Lessee has clear title and ownership may be considered by Lessor for inclusion under this Lease (the "Sale-Leaseback Transaction"). Any request for Sale-Leaseback Transaction must be submitted to Lessor in writing (along with accompanying evidence of Lessee's Equipment ownership satisfactory to Lessor for all Equipment submitted) no later than the fifteenth day of the last month in each quarter and for equipment installed after the date hereof (except for the Equipment submitted on the second Sale- Leaseback Transaction) Lessor will not approve a Sale-Leaseback Transaction for Equipment which arrives ninety (90) days after the original purchase of the Equipment as evidenced by the invoice date. Further, the first Sale-Leaseback of Equipment will be placed on lease subject to: (1) Lessor prior approval of the Equipment; and (2) if approved, at Lessee's actual book value. The second Sale-Leaseback Transaction will be placed on lease subject to values established by Lessor based on the age of the Equipment. (iii) USED ON-ORDER EQUIPMENT. Lessor will purchase used Equipment which is obtained from a third party by Lessee for its use subject to Lessor's prior approval of the Equipment and at Lessor's appraised value for such used Equipment.

  • 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.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Equipment Use Lessee agrees that the Equipment will be operated by competent, qualified personnel in connection with Lessee's business for the purpose for which the Equipment was designed and in accordance with applicable operating instructions, laws, and government regulations, and that Lessee shall use all reasonable precautions to prevent loss or damage to the Equipment from fire and other hazards. Lessee shall procure and maintain in effect all orders, licenses, certificates, permits, approvals, and consents required by federal, state, or local laws or by any governmental body, agency, or authority in connection with the delivery, installation, use, and operation of the Equipment.

  • Equipment and Supplies Independent Contractor, at Independent Contractor's sole expense, shall provide all equipment, tools and supplies necessary to perform the Service.

  • Installation and Use Rights You may install and use any number of copies of the software on your devices.

  • 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.

  • Installation and Use You may install and use the Software only for the number of licenses acquired by you. In order to exercise your rights to the Software under this Agreement, you must activate your copy of the Software in the manner described during the launch sequence.

  • Modification of the Small Generating Facility The Interconnection Customer must receive written authorization from the NYISO and Connecting Transmission Owner before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the prior written authorization of the NYISO and Connecting Transmission Owner, the Connecting Transmission Owner shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.

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