Ownership of Hardware. Flock Hardware shall remain the personal property of Xxxxx and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Xxxxx. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Xxxxx’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.
Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Xxxxx’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
Ownership of Hardware. Rosetta agrees to sell and DuPont agrees to purchase the [***]. Rosetta and DuPont hereby confirm their intent that the Server shall be deemed property of DuPont even though it may become attached or affixed to realty on the premises of Rosetta, and title thereto shall remain in DuPont or its assigns exclusively. DuPont may require plates or markings to be affixed to the Server indicating DuPont's interest. While the Server is on Rosetta's property and in its possession, Rosetta shall be responsible therefor, and shall protect DuPont against any loss of, or damage to such property through insurance coverage with limits and terms and conditions satisfactory to DuPont. [***] * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
Ownership of Hardware. Unless agreed otherwise, all Hardware delivered to Agency by Contractor will be owned exclusively by Agency. Title to the Hardware will pass on the date of Final Acceptance, unless otherwise agreed upon by the parties. Purchase or Lease of Office Equipment, Furniture and Furnishings for the Project Facility. If Contractor purchased Project Facility office equipment, furniture, and furnishings, Contractor shall transfer ownership of all items purchased to Agency upon termination or expiration of the Contract. For any Contractor leased equipment returned to the leasing vendor, Contractor shall ensure compliance with all security requirements, including Section 9.
Ownership of Hardware. (a) The Subscriber acknowledges that the Hardware is and remains the property of ASXO.
(b) The Subscriber will keep and retain the Hardware as bailee for and on behalf of ASXO.
(c) Risk of loss or damage of any kind to the Hardware will pass to the Subscriber upon delivery of the Hardware to the Location.
Ownership of Hardware. Title to the Hardware (but not SnapStream Software) shall pass to Customer upon shipment of the Hardware and receipt of all fees as specified in the Order Form.
Ownership of Hardware. Unless agreed otherwise, all Hardware delivered to Agency by Contractor will be owned exclusively by Agency. Title to the Hardware will pass on the date of Final Acceptance, unless otherwise agreed upon by the parties.
Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware, unless otherwise necessary in order to protect the public health or safety, or to safeguard Flock Hardware until retrieval by Flock. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services for not less than sixty thirty (30) days after service of a written demand for payment, Flock may remove Flock Hardware at Flock’s discretion and Flock shall restore all Customer property to substantially its original condition, wear and tear excepted. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
Ownership of Hardware. If this Agreement has been designated as a Hardware Purchase and Software Installment Agreement, then Company shall own the Hardware upon payment of the Fees. If this Agreement has been designated as a Software Installment Agreement, BuildingAdvice will retain title to the equipment during the first year of the Term. At the conclusion of the first year of the Term and payment of all Fees owed during that period, Company will assume ownership of the Hardware. If this Agreement has been designated as a Rental Agreement, then BuildingAdvice shall own the Hardware and Company shall not own the Hardware and shall return the Hardware promptly upon termination of the Term.
Ownership of Hardware. If the Order Form specifies that PNI shall provide Customer with a server as part of the Purchased Services and PNI shall retain ownership of the server the following provisions shall apply:
(i) the parties hereby acknowledge that the server and all associated hardware and software directly related to the server remain the property of PNI.
(ii) Customer shall use all reasonable care to protect and preserve the server from loss or damage and shall be liable for any such loss or damage which may occur while the server is in Customer’s possession.
(iii) Customer agrees not to remove, destroy or obliterate any tag or stamp on the server or any other markings on the server that conspicuously identify the server as being the property of PNI.
(iv) Customer agrees to use or operate the server for no other purpose than that which is authorized under this Agreement.
(v) Customer shall not in any way alter the server or perform any repairs thereto. Customer shall not release custody of the server to any third party without the prior written consent of PNI. Customer agrees to return the server to PNI forthwith upon: (i) PNI’s demand; or (ii) the termination of this Agreement. Customer further acknowledges that Customer has no title in the server and will not encumber it in any manner whatsoever and hereby waives any lien claims including mechanics liens it may have in the server, statutory or otherwise.
(vi) Customer agrees that PNI or its agent shall have the right to enter the premises of the Customer and remove the server at any time.
(vii) The server is being or will be kept and maintained at the location(s) identified in this Agreement and shall not be removed there from without PNI’s prior written approval. The server is and shall continue to be safely stored at such location and is and will be subject to inspection by PNI at any time during normal business hours.
