Common use of Maintenance and Improvements Clause in Contracts

Maintenance and Improvements. During the Term, Supplier shall perform all maintenance, excluding mold refurbishments, reasonably required to keep the Molds in good operating order, repair, condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted. Purchaser shall be responsible for the cost of repairing or replacing any Molds that are defective or malfunctioning (except to the extent that such defects or malfunctions arise as a result of Supplier’s failure to maintain the Molds in accordance with the first sentence of this Section 5.3). Any modifications, refurbishments or improvements to the Molds shall be made, and any new Molds necessary to blow PET Bottles shall be provided, by Purchaser at no cost to Supplier.

Maintenance and Improvements. During the Term, Supplier shall perform all maintenance, excluding mold refurbishments, reasonably required to keep the Molds in good operating order, repair, condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted. Purchaser shall be responsible for the cost of repairing or replacing any Molds that are defective or malfunctioning (except to the extent that such defects or malfunctions arise as a result of Supplier’s failure to maintain the Molds in accordance with the first sentence of this Section 5.3). Any modifications, refurbishments or improvements to the Molds shall be made, and any new Molds necessary to blow PET Bottles shall be provided, by Purchaser at no cost to Supplier. 5.4.