OptiNose Equipment definition

OptiNose Equipment means OptiNose Equipment as defined in the Bailment Agreement, as modified by Section 3.1 to include the items described on Schedule 1 attached hereto.
OptiNose Equipment means equipment (i) that can be used only for production of LDSA’s under this Agreement or (ii) that OptiNose desires to have dedicated solely to the production of LDSA’s under this Agreement.
OptiNose Equipment means OptiNose Equipment as shall be defined in the Bailment Agreement.

Examples of OptiNose Equipment in a sentence

  • OptiNose shall be entitled to conduct audits and/or inspections of the Facility and/or the OptiNose Equipment to ensure that the Manufacturer complies with its duties and obligations under this Agreement [***] during business hours on reasonable, and, if OptiNose will require assistance from the Manufacturer in conducting such audit and/or inspection, not less than [***], and without unreasonably interfering with the Manufacturer’s operations.

  • The Manufacturer shall take all [***] steps necessary or appropriate to protect the OptiNose Equipment from loss or damage.

  • The Manufacturer shall keep correct books of account and records in respect of the OptiNose Equipment.

  • The Manufacturer shall not, at any time, create, grant, or suffer to exist, any liens, security interests, charges or other encumbrances whatsoever upon the OptiNose Equipment, other than any liens in favor of OptiNose, OptiNose creditors, and/or the manufacturers of the OptiNose Equipment.

  • In the event of any physical damage or loss suffered by the OptiNose Equipment, OptiNose agrees to diligently pursue any reasonably available insurance claim with respect to such loss, and that any proceeds thereof may be applied towards repair or replacement of the OptiNose Equipment, and will, net of any deductibles and resulting premium increases, reduce the Manufacturer’s liability to OptiNose (if any) related to such loss.

  • The Manufacturer shall receive and hold the OptiNose Equipment solely for the purpose of performing the services prescribed by and in accordance with the Supply Contract for and on behalf of OptiNose in accordance with the terms and conditions set out in the Supply Contract or other written instructions of OptiNose (the “Permitted Purpose”).

  • The Bailee represents and warrants that it has segregated (as applicable), tagged and marked the OptiNose Equipment for purposes of identifying it as the Customer’s property in accordance with the terms of the Bailment Agreement.

  • The Manufacturer shall use the same level of care, skill, prudence and diligence that a prudent person acting in a like capacity and familiar with such matters would use with respect to storage, use and maintenance and repair of the OptiNose Equipment.

  • Any storage of the OptiNose Equipment elsewhere by the Manufacturer without written authorization of OptiNose shall be deemed a violation of this Agreement and the Manufacturer shall be liable to OptiNose for any loss or damage to the OptiNose Equipment.

  • For the avoidance of doubt, OptiNose shall have no liability to the manufacturer in connection with the OptiNose Equipment not being available, for any reason, for such Other Manufacturing The Parties intend to settle and execute the Supply Contract on or before July 31, 2016.


More Definitions of OptiNose Equipment

OptiNose Equipment means equipment (i) that can be used only for production of DSA’s under this Agreement or (ii) that OptiNose desires to have dedicated solely to the production of DSA’s under this Agreement. “OptiNose Indemnitee” shall have the meeting set forth in Section 12.02. “OptiNose Information” means any documents, data, know-how, trade secrets, methodologies, software and other information (Confidential Information or otherwise) provided to VTM by or on behalf of OptiNose or developed by VTM on behalf of OptiNose, including without limitation computer programs, reports and specifications. “OptiNose Supply Relationship Manager” shall have the meaning set forth in Section 7.01(a) 4 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. “Patent Defect” means any instance where any DSA fails to conform to the Specifications, Quality Agreement or applicable Laws, where such failure is or was discoverable upon reasonable physical inspection upon receipt by OptiNose or its designee. “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity. “Production Materials” shall mean materials that are consumed in the production processes to manufacture DSAs including without limitation, [***]; Production Materials do not include any such production materials that have been specified by OptiNose. “Purchase Order” shall have the meaning set forth in Section 2.09(a). “Quality Agreement” means that Quality Agreement between OptiNose and VTM to be entered between the parties related to production of the DSAs. “Quantitative Defect” means any instance in which VTM has delivered a quantity that is [***] less than, or [***] greater than, the quantity stated in any invoice or ▇▇▇▇ of lading. “Receiving Party” means a party that receives or acquires Confidential Information directly or indirectly under this Agreement. “Special Inventory” shall mean any mutually agreed Inventory acquired by VTM to support flexibility, demand requirements, safety stock or pricing discounts. “Specifications” shall mean the procedures, standards, quality control and other data and requirements for each DSA, which shall include, without limitation: Bills of Materials, designs, schematics, assembly drawings, process documentation, specific...

Related to OptiNose Equipment

  • Service Equipment means any equipment, Software, systems, cabling and facilities provided by or on behalf of Verizon and used to facilitate provision of the Services at a Customer Site. Ownership of the Service Equipment does not pass to Customer. Service Equipment does not include Verizon Facilities.

  • Leased Equipment means the vehicles, computers, servers, machinery and equipment and other similar items leased and used or held for use by Seller or a Subsidiary primarily in the operation or conduct of the Engenio Business but excluding any such items primarily related to Excluded Assets or Excluded Liabilities.

  • Associated equipment means equipment that is used in conjunction with a radiographic exposure device to make radiographic exposures that drives, guides, or comes in contact with the source, e.g., guide tube, control tube, control (drive) cable, removable source stop, “J” tube and collimator when it is used as an exposure head.

  • Designated Equipment means any equipment designated in the SLA, upon which the Licensed System may be used; Documentation means operating manuals and other printed materials which assist the Customer to use the Licensed System including any technical and user software material as published by Pentana Solutions; Escalation Request is as set out in the SLA;

  • Capital Equipment means machinery and equipment purchased or leased, and used in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining, or refining tangible personal property to be sold ultimately at retail if the machinery and equipment are essential to the integrated production process of manufacturing, fabricating, mining, or refining. Capital equipment also includes machinery and equipment used primarily to electronically transmit results retrieved by a customer of an online computerized data retrieval system.