Supply Items definition
Examples of Supply Items in a sentence
The Supply Items and SCADA System shall be new and unused and shall be free from Defects and free from defects in title.
Purchaser acknowledges that the technical, operation and maintenance, and other information it receives in connection with the Supply Items (including, without limitation, any and all firmware, software, Turbine Specifications, SCADA System Specifications, installation and operation and maintenance procedures, know-how and similar items) constitute trade secret information that is proprietary to Supplier.
Supplier hereby grants to Purchaser under Supplier’s trade secret rights, the non-exclusive right to use such trade secrets only in the installation and operation and maintenance of the Supply Items.
Supplier hereby grants to Purchaser under Supplier’s copyrights, the non-exclusive right to copy and use such copyrighted materials only in the installation and operation and maintenance of the Supply Items.
Purchaser shall be responsible for all loading and shipment of the Supply Items and SCADA System from their respective Designated Delivery Locations to the Project Site and shall pay for all costs and expenses incurred by Purchaser related thereto, including the costs of maintaining insurance on such Supply Item and SCADA System during shipment of such Supply Item and SCADA System from its respective Designated Delivery Location to the Project Site.
Purchaser shall be responsible for all sales and use tax and any other federal, state or local taxes imposed on the sale or use of the Supply Items and any services provided hereunder (collectively “Taxes”).
Other than the rights granted herein with respect to the Supply Items, Supplier expressly reserves all other patent rights, and Purchaser shall not have the right under Supplier’s patent rights to make, use, sell, offer for sale, or import any products or methods that infringe Supplier’s patents or to sublicense any of the foregoing rights.
If Purchaser fails to deliver to Supplier the Down Payment on or before the Down Payment Date, then Purchaser’s right to purchase and Supplier’s obligation to sell and Deliver the Supply Items and related Services shall terminate at the option of Supplier and be of no further force or effect, provided that Supplier shall first give Purchaser five (5) days written notice to afford Purchaser the opportunity to correct its performance.
All Supply Items shall be delivered Ex Works at the Designated Delivery Locations.
Supplier shall secure and pay for all Supplier Permits required for the Delivery of the Supply Items to the Designated Delivery Location.