Loaned Equipment. Equipment loaned by one Party to another shall become the responsibility of the borrower, and shall be returned in the same condition as when received, reasonable wear and tear excepted. The borrower will repair or reimburse for damages in excess of normal wear and tear and will replace or reimburse items lost or destroyed.
Loaned Equipment. In the event Customer desires, at its sole option, to provide Dialogic any computer software, hardware or other apparatus or device (“Equipment”) for use at the Dialogic premises in providing the Services, unless otherwise agreed to in a written agreement signed by an authorized
Loaned Equipment. 13.1 If for any reason the Authority agrees to loan or otherwise provide any equipment to the Contractor (“Loaned Equipment”), the Contractor shall satisfy himself that such Loaned Equipment is suitable for the intended purpose and shall be exclusively liable for any damage caused by misdirection or misuse of it or any deliberate act or omission, negligence or carelessness on the part of the Contractor, its staff, servants, officers or agents.
13.2 The Contract Manager shall forthwith inform the Authorised Officer of any defects appearing in or losses of, or damage, occurring to any of the Authority‟s equipment. The Authority shall not be liable for any damage to the Loaned Equipment or other damage caused by a defect in or faulty operation of the Loaned Equipment.
13.3 The Authority shall have the right to withdraw Loaned Equipment at any time and shall be under no liability whatsoever for failing to lend equipment at any time.
13.4 The Authority reserves the right to delay / withhold part or all of the final payment owing until all equipment and materials loaned by the Authority has been returned in good working order / condition and receipted.
Loaned Equipment. 5.1. SIEMENS shall make available to SURGIVISION on loan medical equipment, items and software products listed in ANNEX 4 (“LOANED EQUIPMENT”) for the purpose of performing the INTEGRATION WORK.
5.2. Shipment costs of the LOANED EQUIPMENT from SIEMENS premises to SURGIVISION shall be borne by SIEMENS.
5.3. LOANED EQUIPMENT provided by SIEMENS in accordance with Section 5.1 hereinabove shall exclusively be used for the performance of the INTEGRATION WORK and shall not be handed over or otherwise made available to any third party without SIEMENS’ prior written consent. Insofar as software products are part of the LOANED EQUIPMENT, SURGIVISION shall have the right to use such software products on the systems or hardware identified in ANNEX 4 for the purpose of performing the DEVELOPMENT WORK. Unless and to the extent expressly authorized by SIEMENS in writing, SURGIVISION shall not be entitled to copy, redevelop, recompile, change or extract parts of any software products. SIEMENS may at any time replace LOANED EQUIPMENT by other equipment as deemed useful by SIEMENS, provided however, that such other equipment is substantially as suitable as the original LOANED EQUIPMENT to carry out the INTEGRATION WORK.
5.4. During the term of this agreement SIEMENS shall carry out service and maintenance of the LOANED EQUIPMENT. The incurred costs shall be borne by SIEMENS.
5.5. No additional costs shall be borne by SIEMENS in connection with the LOANED EQUIPMENT other than those explicitly mentioned herein. In particular, without limitation, infrastructure costs, such as costs for water or electricity shall be borne by SURGIVISION.
5.6. Within eight (8) weeks upon termination of this Agreement, the LOANED EQUIPMENT shall be returned to SIEMENS by SURGIVISION, unless otherwise agreed. Shipment costs from SURGIVISION to SIEMENS shall be borne by SURGIVISION.
5.7. Without prejudice to the terms and conditions stated in this Section 5, the loan conditions set forth in ANNEX 5 shall apply with respect to the loan of LOANED EQUIPMENT.
5.8. SURGIVISION shall provide SIEMENS with prototypes of the CATHETER TECHNOLOGY and PERIPHERAL TECHNOLOGY as defined in the milestones in ANNEX 3 for performing the SOFTWARE DEVELOPMENT WORK and for performing the INFLUENCE TEST. The costs incurred shall be borne by SURGIVISION. Shipment costs from SURGIVISION to SIEMENS shall be borne by SURGIVISION.
5.9. The PARTIES agree that equipment of any of the PARTIES which should be loaned to clinical...
Loaned Equipment. If identified in Your Quotation, the Software shall be installed on hardware loaned from Magnet Forensics and stored at Your premises. Title to the loaned equipment shall remain with Magnet Forensics. Magnet Forensics shall provide maintenance services to ensure the Software operates on the loaned equipment in accordance with specifications in the Documentation, however, You shall be responsible for the full cost of repair or replacement of the loaned equipment that is damaged, lost, confiscated, or stolen from the time You assume custody until it is returned to Magnet Forensics. If the loaned equipment is lost, stolen or damaged, You agree to promptly notify Magnet Forensics. At the expiry of the License Term stated in Your Quotation or earlier termination of this Agreement in accordance with the terms herein, You shall return the loaned equipment to Magnet Forensics in as good a condition as when received by You, except for reasonable wear and tear. Except as specifically stated herein and the Documentation, Magnet Forensics disclaims all representations and warranties associated with the loaned equipment and any use thereof, including any warranty of fitness for a particular purpose.
Loaned Equipment. Microsoft may periodically loan Publisher certain Microsoft assets in relation to Publisher’s development, marketing, and promotion of Software Titles. Such loaned assets may include Xbox Console kiosks, Xbox Console hardware, and accessories (“Loaned Equipment”). With respect to all Loaned Equipment provided to Publisher: (1) Publisher will not provide the Loaned Equipment to any third party not approved by Microsoft in advance (“Approved Third Party”) and, if so approved, Publisher will be responsible for ensuring that the Approved Third Party complies with this Section 3.2; (2) Publisher is solely liable for theft, damage, loss, or injury to people or property occurring while such Loaned Equipment is in Publisher’s or an Approved Third Party’s possession or control; (3) the Loaned Equipment will be used only in a Microsoft-approved location; (4) Publisher’s insurance policy described in Section 18 will cover all theft, loss, damage, or injury to people or property in relation to Publisher’s or an Approved Third Party’s use or possession of Loaned Equipment; (5) Publisher (and any Approved Third Party) will use only power supplies, power cords, cables, and other parts and accessories provided by Microsoft to connect to or use Loaned Equipment; and (6) Publisher will return Loaned Equipment to Microsoft by the date requested (and in accordance with any shipping instructions provided by Microsoft). For clarity, Microsoft retains title and ownership of the Loaned Equipment.
Loaned Equipment. Seller and Buyer acknowledge that the items of equipment located on the Premises listed on Exhibit 2.3 hereto and used in the conduct of the Business are not owned by Seller. The foregoing items of equipment have been supplied to the Seller by the vendor whose product or products are used by the equipment. Buyer acknowledges that it is receiving from Seller no right or interest with respect to such loaned equipment and Seller's ability to continue to possess and use such equipment in the conduct of the Business following Closing Date is subject to Buyer obtaining the agreement of each respective vendor lending same.
Loaned Equipment. In the event Customer desires, at its sole option, to provide Dialogic any computer software, hardware or other apparatus or device (“Equipment”) for use at the Dialogic premises in providing the Starter-Pack Services, unless otherwise agreed to in a written agreement signed by an authorized representative of both parties which specifically overrides the terms of this Agreement: (i) Customer’s Equipment will be loaned to Dialogic free of charge; (ii) Dialogic’s liability for damages will be limited as provided herein; (iii) Dialogic shall return Customer’s Equipment to Customer when requested by Customer; and (iv) the terms of of this Agreement shall govern the handling of any Confidential Information regarding Customer’s Equipment.
Loaned Equipment. Microsoft may from time-to-time agree to loan EA certain Microsoft assets in connection with EA’s marketing and promotional activities for the Software Titles. Such loaned assets may include Durango kiosks, Durango hardware and accessories (the “Loaned Equipment”). With respect to all Loaned Equipment provided to EA hereunder, EA agrees that: (i) EA shall not provide the Loaned Equipment to any third party unless such third party is approved by Microsoft in advance (“Approved Third Party”) and, if so approved, EA shall be responsible for ensuring that the Approved Third Party complies with the terms of this Section 4.2; (ii) EA shall assume all responsibility for theft, damage, loss or injuries to people or property that occur while such Loaned Equipment is in EA’s and/or an Approved Third Party’s possession, control or use; (iii) the Loaned Equipment shall only be used in a location approved by Microsoft; (iv) EA’s insurance policy set forth in Section 24 of the Agreement shall cover all theft, damage, loss or injuries to people or property in connection with EA’s or an Approved Third Party’s use or possession of the Loaned Equipment; (v) EA (and any Approved Third Party) shall only use power supplies, power cords, cables, and other parts and accessories provided by Microsoft in connection with the Loaned Equipment; and (vi) EA shall, at its expense, return the Loaned Equipment to Microsoft by the date requested by Microsoft and in accordance with any shipping instructions provided by Microsoft. For the avoidance of doubt, the parties acknowledge and agree that Microsoft retains title and ownership of the Loaned Equipment.
Loaned Equipment. 16.1 Subject to JJM’s prior written confirmation and agreement (including the Maximum Quantity of Goods), JJM will loan to the Customer the Goods specified by the Customer in an Order for the loan of Goods provided that:
(a) the number of Goods required by the Customer in the Order will not result in the Customer having possession of more than the Maximum Quantity of Goods;
(b) title in the Goods remains vested with JJM; and
(c) risk in the Goods passes to the Customer in accordance with clause 7.
16.2 The Customer must, in respect of the Goods loaned to the Customer by JJM:
(a) store the Goods (at no cost to JJM) on the Customer’s premises;
(b) store each Good to use according to the Good’s labelling and other manufacturer conditions supplied with the Good;
(c) maintain the Goods in satisfactory condition;
(d) as soon as practical after Goods have been used, consumed, lost or damaged place a purchase order with JJM for such Goods including the relavant code and quantity; and
(e) indemnify JJM for any loss or damage of the Goods while they are in possession of the Customer.
