Common use of Use, Maintenance and Alteration Clause in Contracts

Use, Maintenance and Alteration. (a) Supplier shall cause each item of Tooling to be installed at the applicable location set forth in Attachment 1, and shall not relocate the same without Applied's prior written permission. Except as otherwise agreed in writing by Applied, Supplier shall use the Tooling solely to provide goods, software or services to Applied. Supplier shall operate, protect, maintain and calibrate the Tooling in compliance with all applicable laws, rules and regulations (including those relating to safety), the conditions of all applicable insurance policies and best industry practices (including any maintenance schedules delivered by Applied or furnished by the Tooling manufacturer or distributor). Supplier shall obtain training for the Supplier personnel who will operate the Tooling, and Supplier shall operate the Tooling in compliance with such training. Under no circumstances shall Supplier operate the Tooling in a manner which could cause injury or death to any person or damage or injury to any property, including the Tooling. If Applied or the Tooling manufacturer or distributor specifies certain parties who are authorized to service the Tooling or special equipment required to maintain or calibrate the Tooling, Supplier shall use such authorized parties and/or special equipment. Supplier shall maintain logs and reports of the maintenance and operation of the Tooling and permit Applied, on reasonable prior notice, to inspect the Tooling to determine whether the Tooling is being used, protected, maintained and calibrated in accordance with this Agreement and to make copies of such logs reports. Supplier shall correct immediately any deficiencies disclosed by such inspection upon notice from Applied. No such inspection or lack of inspection by Applied shall in any way diminish the sole responsibility of Supplier for the proper use, protection, maintenance and calibration of all Tooling.

Appears in 3 contracts

Samples: Module Supplier Agreement (Suntek Corp), Module Supplier Agreement (Suntek Corp), Module Supplier Agreement (Suntron Corp)

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Use, Maintenance and Alteration. (a) Supplier shall cause each item of Tooling to be installed and used at the applicable location set forth in the Attachment 1applicable to the item, and shall not copy, remove, reinstall or modify any software, and shall not relocate any Tooling to any other location (except as provided in Section 4.2.2 (a) of the same GSA) without Applied's prior written permission. Except as otherwise agreed in writing by Applied, Supplier shall use the Tooling solely to provide goodsfulfill its obligations to Applied under one or more of the Operational Agreements, software or services to Appliedall in compliance with this Agreement and the Operational Agreements. Supplier shall operate, protect, maintain and calibrate the Tooling in compliance with all applicable laws, rules and regulations (including those relating to safety), the conditions of all applicable insurance policies and best industry practices (including any maintenance schedules delivered by Applied or furnished by the Tooling manufacturer or distributor). Supplier shall obtain training for the Supplier personnel who will operate the Tooling, and Supplier shall operate the Tooling in compliance with such training. Under no circumstances shall Supplier operate the Tooling in a manner which could cause injury or death to any person or damage or injury to any property, including the Tooling. If Applied or the Tooling manufacturer or distributor specifies certain parties who are authorized to service the Tooling or special equipment required to maintain or calibrate the Tooling, Supplier shall use such authorized parties and/or special equipment. Supplier shall maintain logs and reports of the maintenance and operation of the Tooling and permit Applied, on reasonable prior notice, to inspect the Tooling to determine whether the Tooling is being used, protected, maintained and calibrated in accordance with this Agreement and to make copies of such logs and reports. Supplier shall correct immediately any deficiencies disclosed by such inspection upon notice from Applied. No such inspection or lack of inspection by Applied shall in any way diminish the sole responsibility of Supplier for the proper use, protection, maintenance and calibration of all Tooling. If an item of Tooling becomes inoperable, Supplier shall (subject to the limitations of Section 1.3(b) below) make immediate reasonable attempts to restore it to operating condition before requesting assistance from Applied's * Department.

Appears in 2 contracts

Samples: Global Supply Agreement (Celerity Group Inc), Global Supply Agreement (Celerity Group Inc)

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Use, Maintenance and Alteration. (a) Supplier shall cause each item of Tooling to be installed and used at the applicable location set forth in the Attachment 1applicable to the item, and shall not copy, remove, reinstall or modify any software, and shall not relocate any Tooling to any other location (except as provided in Section 4.2.2 (a) of the same GSA) without Applied's prior written permission. Except as otherwise agreed in writing by Applied, Supplier shall use the Tooling solely to provide goodsfulfill its obligations to Applied under one or more of the Operational Agreements, software or services to Appliedall in compliance with this Agreement and the Operational Agreements. Supplier shall operate, protect, maintain and calibrate the Tooling in compliance with all applicable laws, rules and regulations (including those relating to safety), the conditions of all applicable insurance policies and best industry practices (including any maintenance schedules delivered by Applied or furnished by the Tooling manufacturer or distributor). Supplier shall obtain training for the Supplier personnel who will operate the Tooling, and Supplier shall operate the Tooling in compliance with such training. Under no circumstances shall Supplier operate the Tooling in a manner which could cause injury or death to any person or damage or injury to any property, including the Tooling. If Applied or the Tooling manufacturer or distributor specifies certain parties who are authorized to service the Tooling or special equipment required to maintain or calibrate the Tooling, Supplier shall use such authorized parties and/or special equipment. Supplier shall maintain logs and reports of the maintenance and operation of the Tooling and permit Applied, on reasonable prior notice, to inspect the Tooling to determine whether the Tooling is being used, protected, maintained and calibrated in accordance with this Agreement and to make copies of such logs and reports. Supplier shall correct immediately any deficiencies disclosed by such inspection upon notice from Applied. No such inspection or lack of inspection by Applied shall in any way diminish the sole responsibility of Supplier for the proper use, protection, maintenance and calibration of all Tooling.. If an item of Tooling becomes inoperable, Supplier shall (subject to the limitations of

Appears in 1 contract

Samples: Global Supply Agreement (Celerity Group Inc)

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