Seller’s Duties with Respect to Buyer’s Property. While Xxxxx’s Property is in the custody or control of Seller or any supplier, subcontractor or agent of Seller and until Xxxxxx delivers Buyer’s Property to Buyer, Seller bears the risk of loss, theft and damage to Buyer’s Property, and will keep Buyer’s Property fully insured for the benefit of Buyer. Seller will be responsible for the cost of repairing or replacing Xxxxx’s Property if it is stolen, damaged or destroyed regardless of cause or fault. Seller will at all times: (a) regularly inspect, maintain in good condition, and repair Buyer’s Property at Seller’s own expense, (b) use Buyer’s Property only for the performance of this Contract or any other contract pursuant to which Seller supplies goods to Buyer, (c) deem Buyer’s Property to be personal property, including in connection with any agreements between Seller and any third party, (d) conspicuously xxxx Xxxxx’s Property as the property of Buyer, maintain such markings and provide evidence of such markings to Buyer upon Buyer’s request, (e) not commingle Buyer’s Property with the property of Seller or with that of a third person, (f) not move Buyer’s Property from Seller’s applicable shipping location (as shown by the shipping address of Seller) without prior written approval from an authorized SCM Representative, and (g) use Buyer’s Property in compliance with Buyer’s or the manufacturer’s instructions and in compliance with all federal, state and local Laws. Buyer will have the right to enter Seller’s premises at all reasonable times to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Seller will not sell, lend, rent, encumber, pledge, lease, transfer or otherwise dispose of Buyer’s Property. Furthermore, Seller will not assert, or permit any person claiming an interest through Seller to assert any claims of ownership to, lien on or any other interest in Xxxxx’s Property. Where Xxxxx’s Property is in the custody or control of any supplier, subcontractor or agent of Seller, Seller will remain primarily responsible for such Buyer’s Property under this Section 18.3 and will ensure full compliance by such supplier, subcontractor or agent with the terms of this Section 18.3.
Seller’s Duties with Respect to Buyer’s Property. While Buyer's Property is in the custody or control of Seller or any supplier, subcontractor or agent of Seller and until Seller delivers Buyer's Property to Buyer, Seller bears the risk of loss, theft and damage to Buyer's Property, and will, at Seller’s expense, keep Buyer’s Property fully insured for the benefit of Buyer. Seller will be responsible for the cost of repairing or replacing Buyer's Property if it is stolen, damaged or destroyed regardless of cause or fault. Seller will at all times: (a) regularly inspect, maintain in good condition, and repair Buyer's Property at Seller's own expense, (b) use Buyer's Property only for the performance of this Agreement or any other contract pursuant to which Seller supplies goods to Buyer,
