Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and consign to Flextronics any Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses, to be set forth in Flextronics’s quotation. All software that Customer provides to Flextronics or any test software that Customer engages Flextronics to develop is and shall remain the property of Customer.
Tooling; Non-Recurring Expenses; Software. LumiraDx shall pay for or obtain and provide to Flextronics any Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses as set forth in Flextronics’s pricing quotations. Such equipment shall remain the property of LumiraDx and shall be returned to Lumira Dx upon LumiraDx’s request on termination of this Agreement in accordance with its terms, and Flextronics warranty obligations shall automatically expire at the same time.
Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and consign to Flextronics any Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses, to be set forth in Flextronics’s quotation. All software that Customer provides to Flextronics or any test software that Customer engages Flextronics to develop is and shall remain the property of Customer. At the time of signing this agreement, Customer consigned equipment shall include functional test sets, system test sets, Hi-Pot test equipment, a temperature chamber, 2 ENABLE servers, and a potting machine, as per the attached Exhibit 2.3.
Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and consign to Flextronics any Customer Product specific tooling, equipment or software necessary for the manufacture of its products. Such tooling, equipment or software may consist of, but not be limited to: test servers and software, test fixtures unique to each product, ICT test fixtures, PCBA specific solder masks, board level test fixtures, system level test fixtures, debugging fixtures and tools, loopback connectors, etc. [***] shall, at its own expense obtain, and maintain any tooling, tools, equipment or software necessary for the manufacture of Customer Products that are considered industry common equipment that can readily be utilized for the manufacture of any industry common customer equipment in the work cells. Such industry common equipment including tooling, tools, equipment or software may consist of, but not be limited to: common hand tools, common power tools, common equipment racks, general network cabling, carts, barcode scanners (2D and 3D), printers (up to 600 DPI) and printing software, printer toner and/or ink, inventory management racks/systems and software etc. Flextronics shall be responsible for the ongoing maintenance and calibration of such industry common equipment and shall maintain records of maintenance and calibration where required. [***] does not include [***]. The parties agree that any single expenditure for over $[***] (“High Dollar Spend”) will be subject to separate and negotiation and written agreement about which party pays all or what portion of the cost of the High Dollar Spend. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS AND PALO ALTO NETWORKS CONFIDENTIAL
Tooling; Non-Recurring Expenses; Software. Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses approved by Customer may be procured by either of the two following ways (i) Customer shall pay for or obtain and consign to BreconRidge any such items, to be set forth in BreconRidge’s approved quotation, or (ii) BreconRidge shall purchase certain tooling or equipment for the Product on behalf of Customer using such finance charge or amortization method as the parties may agree in writing. In the event that BreconRidge has Product specific tooling, equipment, or software related to the Products whose approved cost has not been completely amortized and either the respective Product has reached its end of life (defined as having no forward demand as determined by Customer) or this Agreement is terminated or expires then Customer shall pay all the unamortized cost related to such tooling or equipment as per payment terms defined in Section 3.7. The applicable Statement of Work shall specify the parties’ respective responsibilities in respect of the procurement alternative, set up, testing and maintenance/calibration of any Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses.
Tooling; Non-Recurring Expenses; Software. Enphase shall pay for or obtain and consign to Supplier any Enphase Controlled Equipment, as outlined in Exhibit D, Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses, to be set forth in Supplier's quotation. All software that Enphase provides to Supplier, or any test software that Enphase engages Supplier to develop is and shall remain the property of Enphase at all times. The Supplier shall promptly notify Enphase in case of any non-consignment of Enphase Controlled Equipment required to perform the Work.
Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and consign or loan to Flextronics any Product-specific tooling, equipment or software agreed by the parties to be reasonably necessary to perform the Work. All such property shall be and remain the property of Customer, and Flextronics shall be responsible for any loss or damage of such property in Flextronics’ custody to the extent of replacement value, except any damage as may be attributable to normal wear and tear. Flextronics agrees that all such Customer property shall be clearly marked as property of Customer, shall be kept in good working condition at Flextronics’ expense, shall be used exclusively for the manufacture, assembly and test of Products, and shall be returned to Customer or its designee upon expiration or termination of this Agreement or upon request of Customer. Customer shall pay for non-recurring expenses reasonably necessary to perform the Work as agreed by the parties and as to be set forth in Flextronics’s quotation. All software that Customer provides to Flextronics or any test software that Customer engages Flextronics to develop, and all intellectual property rights in any such software, is and shall remain the property of Customer. Any infrastructure network or power requirements to support a dynamic test and assembly infrastructure will be performed and paid for by Flextronics, including power drops, power strips, power cords, network drops and equipment to support the network infrastructure. The Customer specific installations and equipment specified on Exhibit 2 attached hereto shall be paid for by the Customer.
Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and allow Flextronics to use for Customer’s benefit in accordance with this Agreement any Product-specific tooling, equipment, molds or software and other materials that are reasonably necessary for the performance of Work (hereinafter, collectively, “Customer Property”), provided that Flextronics shall not obtain any such Customer Property without first obtaining the prior written consent of Customer. Customer agrees that Customer shall pay for all reasonably necessary non-recurring expenses associated with the installation or tear down of the Customer Property. [****] Flextronics Confidential Information ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. FLEXTRONICS CONFIDENTIAL Flextronics agrees that the transfer of Customer Property to Flextronics shall be a bailment and shall not constitute a sale thereof, and all right, title and interest in Customer Property, including software that Customer provides to Flextronics or any test software that Customer engages Flextronics to develop, is and shall remain the property of Customer. Flextronics shall handle, store and maintain all Customer Property under proper conditions to preserve quality and prevent damage or other loss. Flextronics shall maintain and service all equipment that Customer has authorized Flextronics to purchase, such equipment to be returned to Customer in good working order, reasonable wear and tear excepted, following the termination or expiration of this Agreement. The costs of repairing any equipment or tooling outside of reasonable wear and tear will be the responsibility of Customer, and any estimated costs for the repair will be submitted to Customer in writing for approval before repair work will be initiated. Notwithstanding the foregoing, if such need for repair arises or results from the negligence, gross negligence or willful misconduct of Flextronics, then the costs of such repair will be the responsibility of Flextronics. Flextronics shall not use all or any part of Customer Property for any purpose other than supplying Product to Customer under this Agreement. Flextronics shall xxxx all Customer Property, including without limitation equipment, as “Property of Alimera Sciences.” During the term of this Agreement, Flextronics shall maintain commercially reasonable insurance to protect against any loss to the Customer Property while...
Tooling; Non-Recurring Expenses; Software. Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses approved by Customer may be procured by either of the two following ways (i) Customer shall pay for or obtain and consign to Flextronics any such items, to be set forth in Flextronics’s approved quotation, or (ii) Flextronics shall purchase certain tooling or equipment for the Product on behalf of Customer using such finance charge or amortization method as the parties may agree in writing. Customer agrees that the amortization amount per unit shall be added to the price of each unit of Product sold to the Customer. In the event that Flextronics has Product specific tooling or equipment related to the Products whose approved cost has not been completely amortized and either the respective Product has reached its end of life (defined as having no forward demand) or this Agreement is terminated or expires then Customer shall pay all of any unamortized cost related to such tooling or equipment within forty-five (45) days of the date of an invoice received from Flextronics. The applicable Statement of Work shall specify the parties’ respective responsibilities in respect of the procurement alternative, set up, testing and maintenance of any Product-specific tooling, equipment or software and other reasonably necessary non-recurring expenses.
Tooling; Non-Recurring Expenses; Software. Customer shall pay for or obtain and consign to Flex any Product and NPI Product specific tooling, equipment or software (collectively, “Customer Tooling”) and other reasonably necessary non-recurring expenses (if any) as shall be set forth in the Fee List. In addition, Customer shall be responsible for maintaining any Product/NPI Product-specific tooling (e.g. performing calibration to all test equipment, providing spare parts and software updates). Customer hereby grants Flex any and all licenses to use Customer Tooling as necessary to perform Flex’s obligations under this Agreement. Notwithstanding anything to the contrary under this Agreement or under applicable law, Flex shall not be responsible for any maintenance, repairs or replacements of Customer Tooling and shall not be responsible for any damage caused to or by Customer Tooling other than physical damage caused to Customer Tooling by Flex’s malicious and/or grossly negligent behavior; Customer shall respectively indemnify Flex against and hold it harmless from any other damage or loss caused by Customer Tooling other than damage or loss caused due to Flex’s malicious and/or grossly negligent behavior. It is further clarified and agreed that Flex’ non-performance hereunder is excused to the extent resulting from Customer Tooling and its undertakings under this Agreement are respectively conditioned, unless caused due to Flex’s malicious and/or grossly negligent behavior.
