Common use of SELLER’S PROPERTY Clause in Contracts

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. aUnless otherwise agreed to by Xxxxx and Seller in a Signed Writing, Seller, at its expense: shall (i) furnish, (ii) keep in good condition, and (iii) replace when necessary all Seller’s Property (hereinafter defined). Seller may provide hereby grants Buyer an irrevocable option to Buyer certain items purchase, free and clear of tangible all liens, claims and intangible propertyother encumbrances, including but not limited toany or all of Seller’s supplies, materials, molds, machinery, equipment, patterns, tools, equipmentdies, machineryjigs, materialsfixtures, blueprints, designs, specifications, drawings, specificationsphotographic negatives and positives, computer softwareart work, documents, information, data, or copy layout and other intellectual property or proprietary information, which Buyer may furnish items necessary for the sole purpose production of assisting Seller in performing its obligations the Products under this Agreement or under a purchase orderany Contract (collectively, or as the parties may otherwise agree in writing (“Seller’s Property”). Any ) that are specially designed or configured for manufacture or assembly of Products under the Contract upon Buyer’s payment of the unamortized portion of the cost of such Property shall remain items of Seller’s personal propertyProperty, less any amounts Buyer previously has paid to Seller for the cost of such Seller’s Property. Seller shall xxxx or otherwise identify permit Buyer to audit Seller’s records to verify the amount due for 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 AgreementProperty. 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 This option will not apply to any of Seller’s Property in that is used by Seller to produce a substantial quantity of like products for other customers of Seller which cannot readily be obtained by Seller’s customer(s) from third parties unless, at Buyer’s possessionelection upon exercise of the option, reasonable wear Seller assigns to Buyer and tear excepted. Buyer shall not commingle or its designee assumes Seller’s obligation to produce such products for Seller’s other customers using those items of Seller’s Property during the period subsequent to the sale of Seller’s Property to Buyer. Seller shall cooperate with Buyer’s own property or that of a third party. Buyer shall insure reasonable requests for information regarding any such obligations to Seller’s Property in an amount equal other customer(s) and to effect such assignment and assumption. Buyer’s right to exercise 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 option under this Agreement. b) section is not conditioned on a breach by Seller may, upon reasonable notice to Buyer, remove Seller’s Property from or 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 timetermination of the Contract.

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. aUnless otherwise agreed to by Xxxxxxxxx and Seller in a written agreement signed by both Seller and Xxxx Corporation’s Vice President – Purchasing, Seller, at its expense: shall (i) furnish, (ii) keep in good condition, and (iii) replace when necessary all Seller's Property (hereinafter defined). Seller may provide hereby grants Purchaser an irrevocable option to Buyer certain items purchase, free and clear of tangible all liens, claims and intangible propertyother encumbrances, including but not limited toany or all of Seller's supplies, materials, molds, machinery, equipment, patterns, tools, equipmentdies, machineryjigs, materialsfixtures, blueprints, designs, specifications, drawings, specificationsphotographic negatives and positives, computer softwareart work, documents, information, data, or copy layout and other intellectual property or proprietary information, which Buyer may furnish items necessary for the sole purpose production of assisting Seller in performing its obligations the Goods under this Agreement or under a purchase orderany Order (collectively, or as the parties may otherwise agree in writing (“Seller’s 's Property”). Any ) that are specially designed or configured for manufacture or assembly of Goods under the Order upon Purchaser's payment of the unamortized portion of the cost of such Property shall remain items of Seller’s personal property's Property, less any amounts Purchaser previously has paid to Seller for the cost of such Seller's Property. Seller shall xxxx or otherwise identify permit Purchaser to audit Seller's records to verify the amount due for any of its property delivered to Buyer with such identifying labels, as Seller shall electSeller's Property. 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 This option will not apply to any of Seller’s 's Property in Buyer’s possessionthat is used by Seller to produce a substantial quantity of like products for other customers of Seller which cannot readily be obtained by Seller's customer(s) from third parties unless, reasonable wear at Purchaser's election upon exercise of the option, Seller assigns to Purchaser and tear excepted. Buyer shall not commingle Purchaser or its designee assumes Seller’s 's obligation to produce such products for Seller's other customers using those items of Seller's Property with Buyer’s own property or that of a third party. Buyer shall insure Seller’s Property in an amount equal during the period subsequent to the replacement cost, and name sale of Seller's Property to Purchaser. Seller as an additional insured under shall cooperate with Purchaser's reasonable requests for information regarding any such insurance policy with any losses payable obligation to Seller's other customer(s) and to effect such assignment and assumption. Buyer shall not substitute any property for Seller’s Property and shall not use Seller’s Property except in fulfilling its obligations Purchaser's right to exercise the option under this AgreementSection 21 is not conditioned on a breach by Seller or Purchaser's termination of the Order. 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. 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 mark 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 BuyerXxxxx’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 BuyerXxxxx’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.