PROPERTY OF BUYER. Unless otherwise agreed in writing, all tooling, dies, special dies, patterns, patents, jigs, gages, fixtures, drawings, designs, samples, tooling aids, molds and/or any other property that is paid for by Buyer and/or furnished to Seller by Buyer and/or made available to Seller by Buyer for use by Seller in producing any goods or parts covered by any purchase order (the “tooling”) is the property of Buyer or its customer and shall (i) be used exclusively for the benefit of Buyer; (ii) be used only in filling purchase orders; (iii) remain and be conspicuously identified as Buyer’s property; (iv) be segregated from the property of Seller and others; (v) be removed only upon Buyer’s instructions; (vi) be held at Seller’s risk and insured at its expense in a replacement cost amount with loss payable to Buyer (evidence of insurance to be furnished upon request); (vii) be subject to inspection and removal by Buyer at any time and for any reason whatsoever; and (viii) be maintained in good condition, at Seller’s expense, and not be modified without Buyer’s prior written consent. Seller shall bear the risk of loss of, and damage to, the tooling, normal wear and tear excepted. Seller grants to Buyer a purchase money security interest in the tooling, any portion thereof, work in progress, raw materials, drawings and other items dedicated to constructing the tooling and agrees to perform any act and execute any document reasonably necessary to perfect the Buyer’s security interest in the tooling.
PROPERTY OF BUYER. 9.1 All copyrighted works, including working drawings, models, designs, templates, descriptions, reports, advice, records, films, drawings, photographs, stamps, image, sound and information carriers and all other materials, files and/or tools made available to Seller by Buyer or made or purchased by Seller for and on the instructions and at the expense of Buyer, will remain or become the property of Buyer. Seller shall only use these works for the benefit of and in the context of the execution of the Agreement, within the limits of the Agreement, and may not reproduce, disclose or make available to third parties in whole or in part, or use them in any other way, without the prior express written consent of Buyer. To the extent necessary, Seller transfers all intellectual property rights to Buyer free of charge and Seller acknowledges and agrees that Xxxxxx is not entitled to any compensation.
9.2 Seller will keep such works in good condition and insure them against fire and theft for as long as they are under his control.
9.3 Seller will make these works available to Buyer in good condition upon first request.
9.4 If the Seller does not return the works to Xxxxx, or does not return them completely or damaged, either at the agreed time of delivery or at the time referred to in paragraph 3, Seller is liable to pay compensation to Buyer. Xxxxx is entitled to deduct this compensation from the purchase price to be paid by him.
9.5 Seller is obliged to take measures to ensure the confidentiality of all data, information and all other works referred to in paragraph 1 made available by Buyer.
PROPERTY OF BUYER. All drawings, tools, dies, patterns, fixtures, materials and other property furnished and/or paid for by Buyer shall
(i) be and remain the property of Buyer; and if Seller fails to return such property upon Buyer’s demand, Buyer shall have the right, upon reasonable notice, to enter Seller’s premises and remove any such property at any time without being liable for trespass or damages of any sort; (ii) be used only in the performance of work for Buyer;
(iii) be clearly marked, maintained in inventory and kept segregated or identifiable as being Buyer’s property;
(iv) be maintained by Seller in good repair and operating condition; Seller shall be responsible for all loss or damage to said property except for normal wear and tear.
PROPERTY OF BUYER. (a) All materials, patterns, dies, jigs, fixtures and tooling together with any specifications, drawings, process sheets and the like or any other property or intellectual property whatsoever supplied to the Seller by the Buyer or to the Buyer’s order, or procured or developed by the Seller specifically for the supply of Goods to the Buyer, shall be and remain the property of the Buyer and must not, without the Buyer’s written consent, be used for or in connection with the production of any Goods whatsoever other than the Goods ordered by the Buyer. The Seller shall ensure that such items are always identified as the property of the Buyer and must be returned to the Buyer immediately on demand.
PROPERTY OF BUYER. All materials, including tools, dies, patterns, prototypes and samples, furnished and/or paid for by Buyer shall (I) remain property of Buyer (II) be subject to removal at any time without additional cost upon demand by Buyer.
PROPERTY OF BUYER. If this order includes tools, dies, molds, jigs, fixtures or inspection devices made especially for Buyer and charged to Buyer, they will be deemed Buyer’s property and will be held and used by Seller for Buyer’s exclusive benefit. Seller shall maintain, repair, and store such equipment at Seller’s expense, and shall not deliver it to Buyer or dispose of it except on written instructions from Buyer. If this order requires that Buyer deliver drawings, parts or sub-assemblies to Seller, such material shall remain Buyer’s property and shall be used exclusively for Buyer’s benefit. Graphic arts material such as film, negatives, positives, engravings, electros and dies made by Seller for production of goods shall be property of Buyer and shall be surrendered to Buyer on request.
PROPERTY OF BUYER. Unless otherwise agreed to in writing by Xxxxx, all designs, specifications drawings, software, materials, special dies, molds patters, jigs, fixtures and any other property furnished to Seller by Buyer, or specifically acquired for Buyer, shall be and remain the sole property of Buyer. Seller shall not copy or reproduce such property, and shall not use such property for any purpose except for the performance of this Purchase Order. Upon completion of this Purchase Order, Xxxxxx agrees to return or destroy such property in accordance with Xxxxx's instruction.
PROPERTY OF BUYER. Helsxx xxxognizes further that all records, drawings, data, computer programs, samples, models and all other tangible materials or copies or extracts thereof touching Buyer's operations, investigations or business, whether or not Trade Secrets, made or received by Helsxx xxxing his Employment Period, are and shall be the property of Buyer exclusively, and without additional consideration, Helsxx xxxmises to keep the same at all times in Buyer's custody and subject to Buyer's control and to surrender the same at the termination of his employment if not before. All files, records, documents, drawings, specifications, equipment and information with respect to suppliers to Buyer and customers of Buyer, and similar items relating to the business of Buyer, whether prepared by Helsxx xx otherwise coming into Buyer's possession, shall remain the exclusive property of Buyer. Helsxx xxxther agrees that he will not make or retain any copies of any of the foregoing and that he will so represent to Buyer upon termination of his employment hereunder.
PROPERTY OF BUYER. Notwithstanding the foregoing, Buyer agrees that until an Event of Default has occurred and is continuing and Buyer otherwise directs, Servicer shall continue to remit Income to Seller in accordance with the Pooling and Servicing Agreement.
PROPERTY OF BUYER. Confidential Information shall remain the sole property of Buyer.
