Common use of Service and Support Clause in Contracts

Service and Support. During the time the Loaned Items are in MSL's possession, MSL shall, at its own expense: a) Develop and maintain the expertise to operate the Equipment independent of IBM and ensure that the Equipment complies at all times with all federal, state, and local governmental safety and other requirement (including OSHA regulations). If MSL determines that any of the Loaned Items received from IBM fails to comply with any such requirements, MSL shall promptly notify IBM, and IBM shall either replace the Loaned Item or instruct MSL to modify the Loaned Item so that it compiles, at IBM's expense. b) Service the Loaned Items and maintain them in good operating condition at all times. c) Replace or repair all items lost, damaged or destroyed except to the extent MSL proves to IBM that such loss, damage or destruction is caused by circumstances beyond MSL's control. All replacement of Loaned Items Shall become IBM property and shall be Subject to all the terms and conditions of this Agreement. MSL will permit IBM personnel full, free and safe access to MSL's facilities, during normal business hours, after reasonable notice, for the purpose of inspection and inventory as IBM deems necessary.