TITLE TO DELIVERABLES/RISK OF LOSS Sample Clauses

TITLE TO DELIVERABLES/RISK OF LOSS a) Customer shall remain the owner of all right, title and interest in Customer Assets, Cabling and Cabling Termination Equipment and licenses to Customer Provided Software and Unsupported Software. b) Digital shall remain the owner of all right, title and interest in Equipment and licenses to certain Digital Provided Software, as described in Appendix B.1, unless title is otherwise assigned by Digital as provided in Section 7 herein or unless Customer, upon cancellation/termination, elects the Equipment Option V. A.(B) as described in Exhibit 2. c) Title to all Document Deliverables shall vest in Customer upon receipt of payment from [xxxxxxxxxxxxxx] subject to the terms of Sections 14 and 15 herein. d) [xxxxxxxxxxxxxx] shall assume and bear the entire risk of loss, theft, damage to or destruction of the Equipment during the term of this Agreement that is not caused by negligent or willful [Confidential Treatment requested for redacted portions of document] misconduct of Digital or its employees, agents or subcontractors. Such risk of loss shall transfer to Customer upon inside delivery at Customer's Site. Customer will (i) keep the Equipment and Software free and clear from any claims, liens, encumbrances and legal processes: (ii) use the Equipment and Software in a good and careful manner, in compliance with all applicable law, in accordance with manufacturer's instructions and restrictions: and (iii) not make any alterations or modifications to or change the location of the Equipment or Software without Digital's prior written consent. e) No event of loss shall relieve [xxxxxxxxxxxxxx] from its obligation to make payments of the Amortized Charges, including the Monthly Equipment Charges, the Monthly Digital Provided Software Charge and the Monthly Implementation Services Charges except if the use of the Equipment is terminated pursuant to Subsection (iii) below. In the event of loss or damage to any Equipment, not caused by the negligent or willful misconduct of Digital or its employees, agents or subcontractors, [xxxxxxxxxxxxxx] shall immediately give notice thereof to Digital or its Assignee and [xxxxxxxxxxxxxx], shall, at their option: (i) place such Equipment in good repair, condition and working order,or (ii) replace such Equipment with identical Equipment in good repair, condition and working order, with clear title thereto in Digital or its Assignee, or
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Related to TITLE TO DELIVERABLES/RISK OF LOSS

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Title to Data All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

  • Insurance; Risk of Loss (a) Parent shall cause the ----------------------- Companies to keep insurance policies currently maintained by the Companies covering their respective businesses, assets and current or former employees, as the case may be, or suitable replacements therefor, in full force and effect through the close of business on the Closing Date. To the extent that after the Closing any party hereto requires any information regarding claim data, payroll or other information in order to make filing with insurance carriers or self insurance regulators from another party hereto, the other party will promptly supply such information. (b) Anything to the contrary notwithstanding, from and after the Closing Date, Parent shall, and shall cause the Sellers to, remain solely responsible for any and all collateral, bonding and guarantees, relating to or arising in connection with any and all workers' compensation, general liability, automobile liability and employee medical claims or policies of the Companies relating to occurrences on or prior to the Closing Date. From and after the Closing Date, Buyer shall be responsible to continue at its expense the administration of any claim or loss covered, or which is the subject of a representation letter or being defended under a reservation of rights, under any worker's compensation or liability policy maintained by Parent or its Affiliates on or prior to the Closing Date. (c) Parent shall each use its reasonable best efforts to (i) acquire for a period of five years after the Closing Date extended reporting period coverage with respect to the liability policies set forth in Schedule 8.4 to ------------ cover claims made after the Closing Date which are based on acts, errors or omissions which occur prior to the Closing Date (the "Tail Policies") and cause ------------- Buyer to be named as an additional insured with respect to the Tail Policies, and (ii) cause Buyer to be named as an additional insured for the five year period prior to the Closing Date with respect to each occurrence-based liability policy maintained by Parent or its Affiliates with respect to the Companies as of the Closing Date. Parent and Buyer shall each pay one-half of the cost of the Tail Policies and of Buyer's being so named as an additional insured.

  • Title to Equipment Title shall vest in the Contractor to all equipment purchased hereunder.

  • Title to Work Title to Work, materials and equipment covered by an approved Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the Contractor, whichever shall occur first;

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