RETURN OF POWERHEART UNITS Sample Clauses

RETURN OF POWERHEART UNITS. Subject to the terms and conditions of this paragraph, Medtronic shall return to CSI, free of charge, all Powerheart units (the "units") currently in its inventory. For units located in the United States (over 200 units), Medtronic shall use its best efforts, as described below, to complete the return by the Effective Date. Medtronic shall deliver units located in the United States to CSI's headquarters located at 00000 Xxxxxxxx Xxxxxx, Irvine, California 92606, and the cost of transportation shall be shared equally by Medtronic and CSI for all such units. Medtronic shall deliver units located in Europe to Cardiac Science International A/S, located at Xxxxxxxxxxx 0, XX-0000, Xxxxxxxxxxx, Xxxxxxx. Medtronic shall by the Effective Date notify CSI of the number of units in Europe. CSI shall be solely responsible for the cost of transporting the units located in Europe to CSI, unless it directs Medtronic to destroy them. Because some units must he shipped from distant locations in the U.S. and Europe, it is possible that units from those locations will not be delivered to CSI until a few days after the Effective Date. Accordingly, Medtronic shall use its best efforts to deliver to CSI approximately 170 units by the Effective Date and approximately 40 additional units by February 5, 2002. To the best of Medtronic's knowledge, except for the condition of unit batteries which deplete over time, the units being returned to CSI remain in substantially the same condition as they were in when delivered to Medtronic by CSI. CSI assumes all responsibility for the devices upon their receipt, including any obligations or liabilities incident to their subsequent sale by CSI and including, without limitation, warranty obligations and product liability, if any. It is understood that CSI must test these returned units before they can be placed with customers, and that time is therefor of the essence.
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Related to RETURN OF POWERHEART UNITS

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