Common use of Notice of Decommissioning Clause in Contracts

Notice of Decommissioning. Supplier agrees to notify Kraft promptly if and to the extent any Kraft or Eligible Recipient owned Equipment or Kraft or Eligible Recipient leased Equipment will no longer be used to provide the Services. The notification will include the identification of the Equipment, and the date it will no longer be needed by Supplier, along with the reason for decommissioning. Upon receipt of any such notice, Kraft may (or may cause the applicable Eligible Recipient to), in its sole discretion, terminate the Equipment lease for such leased Equipment as of the date specified in such notice and sell or otherwise dispose of or redeploy such Kraft or Eligible Recipient owned Equipment that is the subject of such a notice as of the date specified in such notice. Upon Supplier ceasing to use any Equipment (or, in the case of leased Equipment, upon the last day Kraft or Eligible Recipient is obligated to make such leased Equipment available to Supplier, if earlier), Supplier shall return the same to Kraft, the Eligible Recipients and/or their designee(s) in condition at least as good as the condition thereof on the date Supplier took possession or control thereof, ordinary wear and tear excepted. Supplier shall, at Supplier’s expense, deliver such Equipment to the location designated by Kraft, the Eligible Recipients and/or their designee(s).

Appears in 3 contracts

Samples: Master Professional Services Agreement (Mondelez International, Inc.), Master Professional Services Agreement (Mondelez International, Inc.), Master Professional Services Agreement (Kraft Foods Inc)

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Notice of Decommissioning. Supplier agrees to notify Kraft Triad promptly if and to the extent any Kraft Triad or Eligible Recipient owned Equipment or Kraft Triad or Eligible Recipient leased Equipment will no longer be used to provide the Services. The notification will include the identification of the Equipment, and the date it will no longer be needed by Supplier, along with the reason for decommissioning. Upon receipt of any such notice, Kraft Triad may (or may cause the applicable Eligible Recipient to), in its sole discretion, terminate the Equipment lease for such leased Equipment as of the date specified in such notice and sell or otherwise dispose of or redeploy such Kraft Triad or Eligible Recipient owned Equipment that is the subject of such a notice as of the date specified in such notice. Upon Prior to Supplier ceasing to use any Equipment (or, in the case of leased Equipment, upon the last day Kraft Triad or Eligible Recipient is obligated to make such leased Equipment available to Supplier, if earlier), Supplier shall return the same to KraftTriad, the Eligible Recipients and/or their designee(s) in condition at least as good as the condition thereof on the date Supplier took possession or control thereofCommencement Date, ordinary wear and tear excepted. Supplier shall, at Supplier’s expense, deliver such Equipment to the location designated by KraftTriad, the Eligible Recipients and/or their designee(s).

Appears in 1 contract

Samples: Master Services Agreement (Triad Hospitals Inc)

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Notice of Decommissioning. Supplier agrees to notify Kraft Hercules promptly if and to the extent any Kraft Hercules or Eligible Recipient owned Equipment or Kraft Hercules or Eligible Recipient leased Equipment will no longer be used to provide the Services. The notification will include the identification of the Equipment, and the date it will no longer be needed by Supplier, along with the reason for decommissioning. Upon receipt of any such notice, Kraft Hercules may (or may cause the applicable Eligible Recipient to), in its sole discretion, terminate the Equipment lease for such leased Equipment as of the date specified in such notice and sell or otherwise dispose of or redeploy such Kraft Hercules or Eligible Recipient owned Equipment that is the subject of such a notice as of the date specified in such notice. Upon Supplier ceasing to use any Equipment (or, in the case of leased Equipment, upon the last day Kraft Hercules or Eligible Recipient is obligated to make such leased Equipment available to Supplier, if earlier), Supplier shall return the same to KraftHercules, the Eligible Recipients and/or their designee(s) in condition at least as good as the condition thereof on the date Supplier took possession or control thereofCommencement Date, ordinary wear and tear excepted. Supplier shall, at Supplier’s expense, shall deliver such Equipment to the location designated by KraftHercules, the Eligible Recipients and/or their designee(s)) and Hercules shall be responsible for any Out-of-Pocket Expenses reasonably incurred by Supplier in transporting such Equipment to such location.

Appears in 1 contract

Samples: Companion Agreement (Hercules Inc)

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