PURCHASER’S PROPERTY. Unless otherwise agreed in writing, all tools, equipment or material of every description furnished to Seller by Purchaser or specially paid for by Purchase, and any replacement thereof, or any materials affixed or attached thereto, shall be and remain the personal property of Purchaser. Such property and, whenever practical, each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as the property of the Purchaser and shall be safely stored separate and apart from Seller's property. Seller shall not substitute any property for Purchaser's orders. Such property, while in Seller's custody or control, shall be held at Seller's risk, shall be kept insured by Seller at Seller's expense in an amount equal to the replacement cost with loss payment to Purchaser and shall be subject to removal at Purchaser's written request, in which event Seller shall prepare such property for shipment and shall redeliver to Purchaser in the same condition as originally received by Seller, reasonable wear and tear excepted, all at Seller's expense.
Appears in 4 contracts
Samples: And License Agreement (Catalytica Combustion Systems Inc), And License Agreement (Catalytica Energy Systems Inc), And License Agreement (Catalytica Energy Systems Inc)
PURCHASER’S PROPERTY. Unless otherwise agreed in writing, all tools, equipment or material of every description furnished to Seller by Purchaser or specially specifically paid for by PurchasePurchaser, and any replacement thereof, or any materials affixed or attached thereto, shall be and remain the personal property of Purchaser. Such property and, whenever practical, each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as the property of the Purchaser and shall be safely stored separate and apart from Seller's property. Seller shall not substitute any property for Purchaser's property and shall not use such property except in filling Purchaser's orders. Such property, property while in Seller's custody or control, control shall be held at Seller's risk, shall be kept insured by Seller at Seller's expense in an amount equal to the replacement cost with loss payment payable to Purchaser and shall be subject to removal at Purchaser's written request, in which event Seller shall prepare such property for shipment and shall redeliver to Purchaser in the same condition as originally received by Seller, reasonable wear and tear excepted, all at Seller's expense.
Appears in 1 contract
Samples: Termination, Release and Distribution Agreement (General Surgical Innovations Inc)