Furnished Materials. 3.1 Materials and objects of any kind furnished by MTU (“MTU Materials”) shall remain the sole property of MTU. Supplier shall take all necessary measures to store and hold in safe custody the MTU Materials. Supplier shall label the MTU Materials as MTU's property and shall use these solely for the purposes designated by MTU.
3.2 To the extent that the MTU Materials are processed or transformed and thus turned into a new movable item by the Supplier, this processing or transformation shall take place on behalf of MTU. MTU shall immediately become owner of the new or transformed item. If this is not possible for legal reasons, MTU and Supplier hereby agree that MTU shall be the owner of the new item at all times during the processing or transformation. If MTU Materials are joined or blended with other materials and items at such a rate that these can no longer be separated, MTU shall be entitled to co-ownership in the newly created items pro rata of the value the item had at the time they were joined or blended. If MTU Materials are joined or blended with material or objects provided by the Supplier itself in such proportion that the result may be regarded as being primarily the property of the Supplier, it shall be deemed to have been agreed that the Supplier confers co-ownership pro rata the value of the input by MTU. Supplier shall retain custody of property owned or co-owned by MTU at no extra cost and in so doing shall exercise the duty of care of a merchant.
3.3 Supplier undertakes to carry out any maintenance or inspection work that may be required on MTU Materials. Supplier shall, at its sole expense, obtain sufficient insurance coverage to cover any loss or damage of the MTU Materials while in the custody of Supplier, including loss or damage suffered during transportation to or from any third party, and to provide evidence of such insurance coverage to MTU upon MTU’s request.
Furnished Materials. APP agrees to provide installation manuals and initial instruction. Manuals will be provided in native language if necessary. If not, English, French or Spanish will prevail. Periodic training seminars will also take place at various locations to be announced. A toll-free 24 hour technical hotline will also be available.
Furnished Materials. Agency shall use its good faith efforts to keep confidential information and materials provided by the Client to the Agency on a confidential basis except as otherwise required by law. The Client agrees that any information or material provided to the Agency shall be truthful and shall not be misleading or unlawful nor will it wrongfully divulge or infringe upon the patent, trademark, copyright, trade secret or other rights of third parties. The Client further agrees to indemnify and hold harmless the Agency and/or its agents and employees for and from any and all losses, damages, punitive damages, fines, penalties, costs and expenses, including reasonable attorney fees incurred by the Agency and/or its agents and employees which arise out of the furnishing by the Client, or the Client's agents and/or employees, or any information or material. The foregoing obligation shall survive any termination of this Agreement. In addition the Client will indemnify the Agency for all reasonable attorney's fees and costs incurred in enforcing the terms and conditions of this Letter of Agreement. The Client's duty to indemnify the Agency under this contract will not terminate with the cancellation of this contract. The Client will indemnify the Agency for all reasonable attorney fees and costs incurred in producing documents or giving testimony in connection with any litigation involving the Client and a third party.
Furnished Materials. Contractor agrees that any information, software, electronic media, artwork, designs, specifications, tools, equipment, drawings, blue prints, patterns, proofs, notes, memoranda, or documents furnished or paid for by Puget Sound are and will remain Puget Sound’s property and will be held by Contractor in trust for Puget Sound unless directed otherwise (collectively, “Furnished Materials”). Contractor will take all reasonable precautions to protect and ensure against loss or damage, theft, or disappearance of the Furnished Materials. Contractor will be liable for all loss or damage, other than ordinary wear and tear to Furnished Materials in Contractor’s possession or control.
Furnished Materials. Sanguine will provide the materials listed in Enclosure 1 to Attachment 1 in a timely manner to allow for completion of the work in accordance with the performance schedule. Furnished materials will be provided to Contractor on a no cost basis.
