SELLER’S PROPERTY. Unless otherwise agreed to in writing by Xxxxx, Seller, at its expense, shall furnish, keep in good condition, and replace when necessary all machinery, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns and other items ("Seller’s Property") necessary for the production of the Goods. The cost of changes to Seller’s Property necessary to make design and specification changes directed by Xxxxx shall be paid for by Buyer after satisfactory evidence of such cost, in such form and detail as Buyer may require, is provided to Buyer. Seller shall insure Seller’s Property with full fire and extended coverage insurance for its replacement value. Seller grants Buyer an irrevocable option to take possession of and title to Seller’s Property that is special for the production of the Goods upon payment to Seller of its net book value, less any amounts that Buyer has previously paid to Seller for the cost of such items; provided, however, that this option shall not apply if Seller’s Property is used to produce Goods that are the standard stock of Seller, or if a substantial quantity of like Goods are being sold by Seller to others.
SELLER’S PROPERTY. Unless otherwise agreed to by Buyer, Seller, at its expense, shall furnish, keep in good condition, and replace when necessary all machinery, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns and other items ("Seller’s Property") necessary for the production of the goods. The cost of changes to Seller’s Property necessary to make design and specification changes authorized by Buyer shall be paid for by Buyer. Seller shall insure Seller’s Property with full fire and extended coverage insurance for its replacement value. Seller grants Buyer an irrevocable option to take possession of and title to Seller’s Property that is special for the production of the goods upon payment to Seller of its net book value less any amounts that Buyer has previously paid to Seller for the cost of such items; provided, however, that this option shall not apply if Seller’s Property is used to produce goods that are the standard stock of Seller or if a substantial quantity of like goods are being sold by Seller to others.
SELLER’S PROPERTY. 17.1 All Tooling and other items that are not Buyer’s Property and that are necessary for the production of Products are the property of Seller (collectively, “Seller’s Property”).
17.2 Seller, at its expense, will furnish, keep in good working condition capable of producing the Products meeting all applicable specifications, and replace when necessary, all Seller’s Property. Seller will insure Seller’s Property with “all risk” Property Insurance for its full replacement cost. If Seller uses Seller’s Property to produce goods or services similar to the Products for other customers, including aftermarket customers, such goods or services will not incorporate any of Buyer’s Intellectual Property Rights (including, but not limited to its, logos, trademarks, trade names) or part numbers. Seller will not disclose or imply in its marketing efforts that such goods or services are equivalent to those purchased by Buyer. Seller grants to Buyer an irrevocable option to take possession of and title to Seller’s Property that is special for the production of Products under the Order upon payment to Seller of its net book value less any amounts that Buyer has previously paid to Seller for the cost of such items, if any. This option does not apply if Seller’s Property is used to produce goods that are the standard stock of Seller or if a substantial quantity of like goods is being sold by Seller to others.
SELLER’S PROPERTY a) Seller may provide to Buyer certain items of tangible and intangible property, including but not limited to, tools, equipment, machinery, materials, drawings, specifications, computer software, documents, information, data, or other intellectual property or proprietary information, which Buyer may furnish for the sole purpose of assisting Seller in performing its obligations under this Agreement or under a purchase order, or as the parties may otherwise agree in writing (“Seller’s Property”). Any such Property shall remain Seller’s personal property. Seller shall xxxx or otherwise identify any of its property delivered to Buyer with such identifying labels, as Seller shall elect. Buyer shall use Seller’s Property solely for the purpose of fulfilling its obligations under this Agreement. Buyer shall exercise the same care in maintaining, storing and using Seller’s Property as it exercises with its own property, but in no event shall Buyer exercise less than reasonable care with respect to any of Seller’s Property in Buyer’s possession, reasonable wear and tear excepted. Buyer shall not commingle Seller’s Property with Buyer’s own property or that of a third party. Buyer shall insure Seller’s Property in an amount equal to the replacement cost, and name Seller as an additional insured under such insurance policy with any losses payable to Seller. Buyer shall not substitute any property for Seller’s Property and shall not use Seller’s Property except in fulfilling its obligations under this Agreement.
b) Seller may, upon reasonable notice to Buyer, remove Seller’s Property from Buyer’s premises at mutually agreeable dates and times, and at Seller’s Expense. If Seller requests, Buyer shall prepare such Property for shipment and shall deliver it as Seller directs, at Seller’s expense. Seller hereby grants Buyer a non-exclusive, non-transferable license to use Seller’s Property. Seller may terminate this license with or without cause at any time.
SELLER’S PROPERTY. Seller is responsible for any loss or damage to its property, however caused, and any insurance covering such property will be at Sellers expense and must provide that the insurer waives all rights to recover any payments made from PGE, its affiliates, and their respective officers, directors, agents and employees.
SELLER’S PROPERTY. Seller, at its expense, will furnish, keep in good condition, and replace when necessary all machinery, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns and other items that are necessary for the production of Products (except to the extent such property constitutes Buyer’s Property, “Seller’s Property”). Seller grants Buyer an irrevocable option to take possession of and title to Seller’s Property that is used exclusively for the production of Products upon payment to Seller of its actual cost less reasonable depreciation, less any amounts that Buyer has previously paid to Seller for the cost of such items and less any amounts otherwise owing to Buyer by Seller; provided, however, that this option will not apply if Seller’s Property is used to produce goods that are the standard stock of Seller or if a substantial quantity of like goods are being sold by Seller to others, and this option may only be exercised in connection with a termination of the Agreement for cause or due to a Force Majeure (as permitted by the Agreement).
SELLER’S PROPERTY. (a) Seller may provide to Buyer certain items of tangible and intangible property, including but not limited to, tools, equipment, machinery, materials, drawings, specifications, computer software, documents, information, data, or other intellectual property or proprietary information, which Buyer may furnish for the sole purpose of assisting Seller in performing its obligations under this Agreement or under a purchase order, or as the
SELLER’S PROPERTY. Unless otherwise agreed to by Buyer, Seller, at its expense, shall furnish, keep in good condition, and replace when necessary all machinery, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns and other items ("Seller's Property") necessary for the production of the goods. The cost of changes to Seller's Property necessary to make design and specification changes authorized by Buyer shall be paid for by Buyer. Seller shall insure Seller's Property with full fire and extended coverage insurance for its replacement value. Any Seller's Property that consists of tooling shall be subject to the tooling provisions set forth in Paragraph 20.
SELLER’S PROPERTY. Unless otherwise agreed to by Buyer, Seller, at its expense, shall furnish, keep in good condition, and replace when necessary all machinery, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns and other items ("Seller’s Property") necessary for the production of the Goods. The cost of changes to Seller’s Property necessary to make design and specification changes authorized by Buyer shall be paid for by Buyer. Seller shall insure Seller’s Property with full fire and extended coverage insurance for its replacement value. Seller grants Buyer an irrevocable option to take possession of and title to Seller’s Property that is special for the production of the Goods upon payment to Seller of its net book value less any amounts that Buyer has previously paid to Seller for the cost of such items; provided, however, that this option shall not apply if Seller’s Property is used to produce Goods that are the standard stock of Seller or if a substantial quantity of like Goods are being sold by Seller to others. 18. СОБСТВЕННОСТЬ ПРОДАВЦА: Если иное не оговорено Покупателем, Продавец за свой счет поставляет, поддерживает в хорошем состоянии и по необходимости производит замену машин, оборудования, инструментов, технологической оснастки, красителей, измерительных приборов, приспособлений, форм, шаблонов и других предметов («Собственность Продавца»), которые требуются для изготовления Товаров. Расходы по изменению Собственности Продавца для изменения дизайна и характеристик, санкционированные Покупателем, компенсируются Покупателем. Продавец обязуется застраховать Собственность Продавца на случай пожара на полную стоимость, а также на увеличенную стоимость, связанную с заменой оборудования. Продавец предоставляет Покупателю безотзывное право вступить во владение и получить все права собственности на Собственность Продавца, которая неразрывно связана с производством Товаров, при выплате Продавцу остаточной балансовой стоимости такого имущества за вычетом любых сумм, которые Покупатель ранее выплатил Продавцу в виде стоимости таких предметов, однако при условии, что такое право неприменимо, если Собственность Продавца используется для производства Товаров, которые представляют собой стандартный набор Продавца или если значительные объемы подобных Товаров Продавец также продает третьим лицам.
SELLER’S PROPERTY. All necessary material or tools including, without limitation, dies, gauges, jigs or fixtures required to execute the Order shall be supplied by Seller. If Siemens agrees to pay for or furnish any material or tools, dies, gauges, jigs or fixtures in connection with the Order said items shall be identified by Seller as the property of Siemens, shall be segregated when practical, from Seller’s similar property and shall remain Siemens’ property and be used exclusively for Siemens. Seller will account for said items and keep them fully covered by insurance at all times without expense to Siemens, and said items may be removed by Siemens at any time and shall not otherwise be disposed of by Seller without written permission from Siemens. Seller will maintain any said tools and similar equipment in good working condition and will return them to Siemens on request or upon termination of the Order for which they were furnished.
