Common use of Sponsor Materials Clause in Contracts

Sponsor Materials. SUPPLIER agrees to use reasonable care in handling the equipment, materials and other property of SPONSOR entrusted to SUPPLIER’S care or purchased with SPONSOR funds in performance of this Agreement along with all materials constituting Work Product hereunder (collectively, “SPONSOR Materials”). All SPONSOR Materials shall be and remain SPONSOR’S property. Such SPONSOR Materials shall be plainly marked or otherwise adequately identified by SUPPLIER as Sponsor’s property and shall be safely stored separate and apart from SUPPLIER’S property. Unless otherwise agreed to in writing by SPONSOR on a case-by-case basis, SUPPLIER shall use SPONSOR Materials only for the benefit of SPONSOR under this Agreement and shall not use SPONSOR Materials for any other purpose. All SPONSOR Materials, while in SUPPLIER’S custody or control, shall be held at SUPPLIER’S risk, shall be kept insured by SUPPLIER at SUPPLIER’S expense in an amount equal to the replacement cost with loss payable to SPONSOR and shall be subject to removal at SPONSOR’S written request, in which event SUPPLIER shall prepare such SPONSOR Materials for shipment and redeliver to SPONSOR in the same condition as originally received or produced by SUPPLIER, reasonable wear and tear excepted, at SPONSOR’S expense (unless otherwise set forth in the applicable Project Proposal/SOW). SUPPLIER agrees to keep the equipment constituting SPONSOR Materials at all times in good and efficient working order for use in performing the Services. SUPPLIER shall be responsible for routine maintenance and calibration of all such equipment, but SPONSOR shall be responsible for the cost of calibration, repairing or replacing such equipment, except to the extent such repairs or replacement are required due to SUPPLIER’S breach of this Agreement (including this Section) or SUPPLIER’S negligence or willful misconduct. Upon completion of the Services, termination or expiration of this Agreement SUPPLIER will, at SPONSOR’S request, return all SPONSOR Materials.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement (Kala Pharmaceuticals, Inc.), Master Services Agreement (Kala Pharmaceuticals, Inc.)

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Sponsor Materials. SUPPLIER agrees to use reasonable care in handling the equipment, materials and other property of SPONSOR entrusted to SUPPLIER’S ’s care or purchased with SPONSOR funds in performance of this Agreement along with all materials constituting Work Product hereunder (collectively, "SPONSOR Materials"). All SPONSOR Materials shall be and remain SPONSOR’S 's property. Such SPONSOR Materials shall be plainly marked or otherwise adequately identified by SUPPLIER as Sponsor’s 's property and shall be safely stored separate and apart from SUPPLIER’S 's property. Unless otherwise agreed to in writing by SPONSOR on a case-by-case basis, SUPPLIER shall use SPONSOR Materials only for the benefit of SPONSOR under this Agreement and shall not use SPONSOR Materials for any other purpose. All SPONSOR Materials, while in SUPPLIER’S 's custody or control, shall be held at SUPPLIER’S 's risk, shall be kept insured by SUPPLIER at SUPPLIER’S 's expense in an amount equal to the replacement cost with loss payable to SPONSOR and shall be subject to removal at SPONSOR’S 's written request, in which event SUPPLIER shall prepare such SPONSOR Materials for shipment and redeliver to SPONSOR in the same condition as originally received or produced by SUPPLIER, reasonable wear and tear excepted, at SPONSOR’S 's expense (unless otherwise set forth in the applicable Project Proposal/SOW). SUPPLIER agrees to keep the equipment constituting SPONSOR Materials at all times in good and efficient working order for use in performing the Services. SUPPLIER shall be responsible for routine maintenance and calibration of all such equipment, but SPONSOR shall be responsible for the cost of calibration, repairing or replacing such equipment, except to the extent such repairs or replacement are required due to SUPPLIER’S 's breach of this Agreement (including this Section) or SUPPLIER’S 's negligence or willful misconduct. Upon completion of the Services, termination or expiration of this Agreement SUPPLIER will, at SPONSOR’S ’s request, return all SPONSOR Materials.

Appears in 1 contract

Samples: Master Services Agreement (Kala Pharmaceuticals, Inc.)

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