Common use of Ownership and Risk of Loss; Disposition of Equipment Clause in Contracts

Ownership and Risk of Loss; Disposition of Equipment. CLIENT owns and shall continue to own all right, title and interest in and to any Dedicated Equipment. CLIENT assumes any risk of loss, damage, theft or destruction of the Dedicated Equipment while that Dedicated Equipment is in ▇▇▇▇’▇ possession or on ▇▇▇▇’▇ premises unless it is determined that any loss, theft, or damage to the Dedicated Equipment is due to the gross negligence of ▇▇▇▇. Upon termination or expiration of this Agreement, CLIENT shall have the right and obligation to, upon reasonable notice, reclaim possession of such Dedicated Equipment at its sole expense (including all costs of disconnection, removal, physical transfer and any subsequent reinstallation and requalification costs). ▇▇▇▇ shall reasonably cooperate with CLIENT to remove and return such Dedicated Equipment to CLIENT in accordance with CLIENT’s written instructions and shall invoice CLIENT for (i) direct costs incurred and (ii) any damage other than reasonable wear and tear to the ▇▇▇▇ Facility incurred as a result of the use and removal of the Dedicated Equipment. Notwithstanding the above, upon termination or expiration of this Agreement, CLIENT may offer to sell to ▇▇▇▇, or ▇▇▇▇ may offer to purchase from CLIENT, the Dedicated Equipment at its then depreciated cost or fair market value, whichever is less. Neither ▇▇▇▇ nor CLIENT shall be obligated to make or accept such offers. In the event that CLIENT has not removed the Dedicated Equipment within 60 days after reasonable notice, the Dedicated Equipment shall be deemed to be abandoned and ▇▇▇▇ may dispose of it or use it as it sees fit.

Ownership and Risk of Loss; Disposition of Equipment. CLIENT owns Client shall own and shall continue to own all right, title and interest in and to any Dedicated Equipment. CLIENT Client assumes any risk of loss, damage, theft or destruction of the Dedicated Equipment while that Dedicated Equipment is in ▇▇▇▇’▇ Catalent’s possession or on ▇▇▇▇’▇ premises unless it is determined Catalent’s premises; except that Client hereby expressly disclaims liability, and Catalent shall be liable, for any and all loss, theftdamage, theft or destruction of Dedicated Equipment resulting from Catalent’s negligence, gross negligence, or damage to the Dedicated Equipment is due to the gross negligence of ▇▇▇▇willful misconduct. Upon termination or expiration of this Agreement, CLIENT Client shall have the right and obligation toobligation, upon reasonable notice, to reclaim possession of such Dedicated Equipment at its sole expense (including all costs of disconnection, removal, physical transfer and any subsequent reinstallation and requalification costs). ▇▇▇▇ Catalent shall reasonably cooperate with CLIENT Client to remove and return such Dedicated Equipment to CLIENT Client in accordance with CLIENTClient’s written instructions and shall invoice CLIENT for Client for: (i) direct costs incurred incurred; and (ii) any damage other than reasonable wear and tear to the ▇▇▇▇ Facility incurred as a result of the use and installation and/or removal of the Dedicated Equipment. Notwithstanding the above, upon termination or expiration of this Agreement, CLIENT Client may offer to sell to ▇▇▇▇Catalent, or ▇▇▇▇ Catalent may offer to purchase from CLIENTClient, the Dedicated Equipment at its then depreciated cost or fair market value, whichever is less. Neither ▇▇▇▇ Catalent nor CLIENT Client shall be obligated to make or accept such offers. In the event that CLIENT Client has not removed the Dedicated Equipment within 60 [***] days after reasonable notice, the Dedicated Equipment shall be deemed to be abandoned and ▇▇▇▇ Catalent may dispose of it or use it as it sees fit.

Ownership and Risk of Loss; Disposition of Equipment. CLIENT owns Client shall own and shall continue to own all right, title and interest in and to any Dedicated Equipment. CLIENT Client assumes any risk of loss, damage, theft or destruction of the Dedicated Equipment while that Dedicated Equipment is in ▇▇▇▇’▇ Catalent’s possession or on ▇▇▇▇’▇ premises unless it is determined that Catalent’s premises. Notwithstanding the foregoing, Catalent assumes any lossrisk of loss damage, theft, theft or damage destruction to the Dedicated Equipment is due to the gross negligence of ▇▇▇▇extent resulting from [***]. Upon termination or expiration of this Agreement, CLIENT Client shall have the right and obligation to, upon reasonable notice, reclaim possession of such Dedicated Equipment at its sole expense (including all costs of disconnection, removal, physical transfer and any subsequent reinstallation and requalification costs). ▇▇▇▇ Catalent shall reasonably cooperate with CLIENT Client to remove and return such Dedicated Equipment to CLIENT Client in accordance with CLIENTClient’s written instructions and shall invoice CLIENT for Client for: (i) direct costs incurred incurred; and (ii) any damage other than reasonable wear and tear to the ▇▇▇▇ Facility incurred as a result of the use and removal of the Dedicated Equipment. Notwithstanding the above, upon termination or expiration of this Agreement, CLIENT Client may offer to sell to ▇▇▇▇Catalent, or ▇▇▇▇ Catalent may offer to purchase from CLIENT, the Dedicated Equipment at its then depreciated cost or fair market value, whichever is lessClient. Neither ▇▇▇▇ Catalent nor CLIENT Client, shall be obligated to make or accept such offers. In the event that CLIENT Client has not removed the Dedicated Equipment within 60 [***] days after reasonable noticeClient’s receipt of Catalent’s written notice that the Dedicated Equipment may be deemed to be abandoned, the Dedicated Equipment shall be deemed to be abandoned and ▇▇▇▇ Catalent may dispose of it or use it as it sees fit.. [***] = CERTAIN CONFIDENTIAL INFORMATION OMITTED CONFIDENTIAL Page 20 of 48