Common use of BUYER’S PROPERTY Clause in Contracts

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.;

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.;

BUYER’S PROPERTY. All tangible and intangible propertyproperty of whatever kind or nature and in whatever form or medium, including without limitation information or data of any description, tools, materials, drawings, plans, strategies, computer software, know-how, documents, trademarks, copyrights, equipment or material: and all Intellectual Property Rights (as defined in Section 5 below): (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for BuyerXxxxx’s Propertyproperty. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property property for shipment and deliver it redeliver to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.;

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Propertyproperty; and (vi) use Buyer’s Property property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose. 4.

BUYER’S PROPERTY. All tangible and intangible propertyproperty of whatever kind or nature and in whatever form or medium, including without limitation information or data of any description, tools, materials, drawings, plans, strategies, computer software, know-how, documents, trademarks, copyrights, equipment or material: and all Intellectual Property Rights (as defined in Section 5 below): (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for BuyerXxxxx’s Propertyproperty. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property property for shipment and deliver it redeliver to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.

BUYER’S PROPERTY. All Unless otherwise agreed in writing, all tangible and intangible property, including including, but not limited to, information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) material furnished to Supplier Seller by Buyer; (b) Buyer or specifically paid for by Buyer; , and any replacement thereof, or (c) created with Buyer’s IP Rights (defined in Section 5 below) any materials affixed or attached thereto, shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”)property. Such Buyer’s Property property furnished by Buyer to Supplier Xxxxx shall be accepted by Supplier Seller “AS IS” with all faults and without any warranty whatsoever, express or implied, . Seller shall be used by Supplier use such property at its own risk, and Buyer makes no warranty or representation concerning the condition of such property. Such property and, whenever practical, each individual item thereof, shall be subject to removal and/or return at plainly marked or otherwise adequately identified by Seller as Buyer’s written requestproperty, safely stored separate and apart from Seller’s property and properly maintained by Seller. Supplier Seller further agrees to comply with any handling and storage requirements provided by Buyer for such property. Seller shall not substitute any other property for Xxxxx’s property. Seller will inspect Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment property prior to use and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear will train and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train supervise its personnel employees and other authorized users of such property in its proper and safe and proper operation. In additionSeller shall use Xxxxx’s property only to meet Xxxxx’s orders, Supplier shall: (i) keep Buyerand shall not use it, disclose it to others or reproduce it for any other purpose. Such property, while in Seller’s Property care, custody or control, shall be held at Seller’s risk, shall be kept free of encumbrances and insured by Seller at SupplierSeller’s expense at in an amount equal to the replacement cost thereof with loss payable to Buyer and shall be subject to removal at Buyer’s written request, in which event Seller shall prepare such property for shipment and redeliver to Buyer in the same condition as originally received by Seller, reasonable wear and tear excepted, all at Seller’s expense. As noted in Section 15.4 (b), “Assists”, any consigned material, tooling or technology used in production of the goods shall be identified on the commercial or pro forma invoice used for international shipments. Buyer hereby grants a non-exclusive, non-assignable license, which is revocable with or without cause at any time, to Seller to use any information, drawings, specifications, computer software, know-how and other data furnished or paid for by Buyer hereunder for the sole purpose of performing this Order for Buyer. Buyer shall own exclusively all rights in ideas, inventions, works of authorship, strategies, plans and data created in or resulting from Xxxxxx’s performance under this Order, including all patent rights, copyrights, moral rights, rights in proprietary information, database rights, trademark rights and other intellectual property rights. All such intellectual property that is protectable by copyright will be considered: (a) work(s) made for hire for Buyer; (iib) plainly mark Seller will give Buyer “first owner” status related to the work(s) under local copyright law where the work(s) was created; or otherwise adequately identify (c) if the Governing Law (defined in Section 20) does not allow Buyer to gain ownership of such intellectual property, Seller hereby grants to Buyer a royalty-free, exclusive, transferable, irrevocable, perpetual and worldwide license for such intellectual property. If by operation of law any such intellectual property is not owned in its entirety by Xxxxx automatically upon creation, then Xxxxxx agrees to transfer and assign to Buyer, and hereby transfers and assigns to Buyer, the entire right, title and interest throughout the world to such intellectual property. Xxxxxx further agrees to enter into and execute any documents that may be required to transfer or assign ownership in and to any such intellectual property to Xxxxx. Should Seller, without Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed prior written consent and authorization, design or manufacture for sale to by any person or entity other than Buyer in writingany goods substantially similar to, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properlyor which reasonably can substitute or repair, and in compliance with any handling and storage requirements provided by a Buyer good, Buyer, in any adjudication or otherwise, may require Seller to establish by clear and convincing evidence that accompanied it when delivered to Supplier; (v) supervise the use neither Seller nor any of its employees, contractors or agents used in whole or in part, directly or indirectly, any of Buyer’s Property; property, as set forth herein, in such design or manufacture of such goods. Further, Buyer shall have the right to audit all pertinent records of Seller, and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposemake reasonable inspections of Seller facilities, to verify compliance with this Section.

BUYER’S PROPERTY. (a) All tangible and intangible propertyproperty used by Seller in connection with this Order which is owned, including information furnished, charged to, or data of any descriptionpaid for by Buyer including, but not limited to, materials, tools, materialsdies, drawingsjigs, computer softwaremolds, know-howpatterns, documentsfixtures, trademarksequipment, copyrightsdrawings and other technical information, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) specifications, and any replacement thereof, shall be and remain the property of Buyer subject to removal and inspection by Buyer at any time without cost or expense to Buyer and Buyer shall have free access to Seller’s premises for the purpose of inspecting or removing such property. All such property shall be identified and marked as Buyer’s personal property (collectivelyproperty, “used only for this Order and adequately insured by Seller at its expense for Buyer’s Property”)protection. Such Buyer’s Property Seller shall assume all liability for and maintain and repair such property and return the same to Buyer in its original condition, except for reasonable wear and tear, and when such property is no longer required hereunder, Seller shall furnish Buyer with a list thereof and shall comply with any Buyer disposition instructions applicable thereto. Buyer shall not be obligated to pay any invoices for tooling until the first article produced therefrom shall have been received and accepted. (b) Materials furnished by Buyer to Supplier on other than a charge basis in connection with this Order shall be accepted deemed to be held by Supplier “AS IS” with Seller as Bailee thereof. Seller agrees to pay Xxxxx’s replacement cost for all faults such material spoiled or otherwise not satisfactorily accounted for over and without any warranty whatsoeverabove 2% thereof allowable for scrap loss. Notwithstanding the aforementioned, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier this clause shall not substitute any other property for Buyer’s Property. Promptly upon receipt apply if this Order is issued in support of a removal request from BuyerGovernment Prime Contract and is not a commercial item pursuant to FAR Part 12. Instead, Supplier the applicable FAR clauses shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposegovern.

BUYER’S PROPERTY. All tangible and intangible propertyproperty of whatever kind or nature and in whatever form or medium, including without limitation information or data of any description, tools, materials, drawings, plans, strategies, computer software, know-how, documents, trademarks, copyrights, equipment or material: and all Intellectual Property Rights (as defined in Section 5 below): (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with BuyerXxxxx’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.;

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, but not limited to tools, tool drawings, materials, sample parts, processes, procedures, process parameters, drawings, computer software, know-how, documents, trademarks, copyrights, equipment information or material: (a) data of every description furnished to Supplier by Buyer; (b) specifically Electro, or by Electro’s affiliates, subsidiaries or contractors, or paid for in whole or in part by Buyer; Electro, and any replacement thereof, or (c) created with Buyer’s IP Rights (defined in Section 5 below) any materials affixed or attached thereto, shall be and remain Buyer’s the personal property (collectivelyof Electro, “Buyer’s Property”). Such Buyer’s Property furnished and, unless otherwise agreed to in writing by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, Electro shall be used by Supplier at its own risksolely to provide the Work to Electro. Such property, and whenever practical each individual item thereof, shall be plainly marked or otherwise adequately identified by Supplier as being the property of Electro, and shall be subject to removal and/or return at Buyersafely stored separate and apart from Supplier’s written requestproperty. Supplier shall not substitute any other property for BuyerElectro’s Propertyproperty and shall not use such property except in filling Electro’s Purchase Orders. Promptly upon receipt of a Such property while in Supplier’s custody or control shall be held at Supplier’s risk and shall be insured by Supplier for replacement cost with loss payable to Electro. Such property shall be subject to prompt removal request from Buyeror return at Electro’s written request, in which event Supplier shall prepare such Buyer's Property property for shipment and shall deliver it to Buyer at Supplier’s expense as directed by Electro in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured all at Supplier’s expense at an amount equal expense. Electro shall have the right to the replacement cost thereof with loss payable audit all pertinent books and records of Supplier, and to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from make reasonable inspections of Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in facilities to verify compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposethis paragraph.

BUYER’S PROPERTY. All tangible Any raw material furnished by Buyer in connection with Xxxxx's purchase order shall be deemed to be held by Seller upon consignment, and intangible propertyXxxxxx agrees to pay for all such material spoiled or not otherwise satisfactorily accounted for. Buyer will specify acceptable scrap allowance, including information or data if any, and any amount in excess of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically this will be paid for by Buyer; or (c) created with Seller at Buyer’s IP Rights (defined in Section 5 below) cost. All tools, gauges, patterns, dies, and other material and equipment furnished to Seller by Buyer shall remain the property of Buyer. It shall be plainly identified by Seller as “Property of Spectrum Brands, Inc.” and remain shall be safely stored and not used except in filling Buyer’s personal property (collectivelyorders. The property, “Buyerwhile in Seller’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or impliedcustody, shall be used by Supplier maintained in good condition at its own risk, Seller’s expense and shall be subject to removal and/or return kept insured by Seller at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at SupplierSeller’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof cost, with loss payable to Buyer; (ii) plainly mark . Seller shall furnish to Buyer a certificate of insurance evidencing Seller’s compliance with the provisions of this Section 13. Xxxxx’s property may be removed by Xxxxx at any time. Notwithstanding anything to the contrary in Xxxxx's purchase order, Seller shall not use any trademark, trade name or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by trade dress right of Buyer in writing, store Buyerany manner other than for the benefit of Buyer and only upon Xxxxx’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, prior written request and in compliance strict accordance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposewritten instructions.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property it separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose. 4.

BUYER’S PROPERTY. All tangible and intangible propertyproperty of whatever kind or nature and in whatever form or medium, including without limitation information or data of any description, tools, materials, drawings, plans, strategies, computer software, know-how, documents, trademarks, copyrights, equipment or material: and all Intellectual Property Rights (as defined in Section 5 below): (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for BuyerXxxxx’s Propertyproperty. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property property for shipment and deliver it redeliver to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property it separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property it properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Propertyits use; and (vi) use Buyer’s Property it only to meet XxxxxBuyer’s Orders without disclosing or otherwise reproducing it for any other purpose.

BUYER’S PROPERTY. All tangible and intangible propertyUnless otherwise agreed in writing, including information or data of any description, all tools, materialsequipment, test sets, mold designs, patterns, drawings, computer software, know-how, documents, trademarks, copyrights, equipment specifications or material: (a) materials of every description furnished to Supplier Seller by Buyer; (b) Buyer or specifically paid for by Buyer; Buyer and any replacements thereof, or (c) created with Buyer’s IP Rights (defined in Section 5 below) any materials affixed or attached thereto, shall be and remain Buyer’s personal property (collectively, “of Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults property, and without any warranty whatsoeverwhenever practicable, express or impliedeach individual item thereof, shall be used plainly marked or otherwise adequately identified by Supplier at its own risk, Seller as the property of Buyer and shall be subject to removal and/or return safely stored separate and apart from Seller’s property. Seller shall, at BuyerXxxxx’s written request, execute documents in recordable form which shall identify Xxxxx’s property in the custody of Seller. Supplier Seller shall not substitute any other property for Buyer’s Propertyproperty and shall not use such property except in filing Buyer’s orders. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense Such property while in the same condition as originally received Seller’s custody or control shall be held at Seller’s risk, shall be kept insured by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured Seller at SupplierSeller’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer and shall be subject to removal at Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed written request, in which event Seller shall prepare such property for shipment and shall redeliver to by Buyer in writingthe same condition as originally received by Seller, store Buyerreasonable wear and tear accepted, all at Seller’s Property separate expense. Upon Xxxxx’s request, Seller agrees to provide to Buyer an insurance certificate indicating the foregoing coverage and apart from Suppliershowing the Seller’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properlyname, the name of the insuring insurance company, the type of insurance, the policy number, the effective date, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposeexpiration date.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer or any Affiliate of Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer or its Affiliate to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property it separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property it properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Propertyits use; and (vi) use Buyer’s Property it only to meet XxxxxBuyer’s Orders without disclosing or otherwise reproducing it for any other purpose.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, but not limited to tools, tool drawings, materials, sample parts, processes, procedures, process parameters, drawings, computer software, know-how, documents, trademarks, copyrights, equipment information or material: (a) data of every description furnished to Supplier Seller by Buyer; (b) specifically , or by Buyer’s affiliates, subsidiaries or contractors, or paid for in whole or in part by Buyer; , and any replacement thereof, or (c) created with Buyer’s IP Rights (defined in Section 5 below) any materials affixed or attached thereto, shall be and remain Buyer’s the personal property (collectivelyof Buyer, “Buyer’s Property”). Such Buyer’s Property furnished and, unless otherwise agreed to in writing by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own riskSeller solely to render services or provide goods to Buyer. Such property, and whenever practical each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as being the property of Buyer or Buyer’s designee, and shall be subject to removal and/or return at Buyer’s written requestsafely stored separate and apart from Seller's property. Supplier Seller shall not substitute any other property for Buyer’s Property's property and shall not use such property except in filling Buyer's purchase orders. Promptly upon receipt of a Such property while in Seller's custody or control shall be held at Seller's risk and shall be insured by Seller for replacement cost with loss payable to Buyer. Such property shall be subject to prompt removal request from or return at Buyer's written request, Supplier in which event Seller shall prepare such Buyer's Property property for shipment and shall deliver it to as directed by Buyer at Supplier’s expense in the same condition as originally received by SupplierSeller, reasonable wear and tear excepted, all at Seller's expense. Prior Buyer shall have the right to using Buyer’s Property, Supplier shall inspect it audit all pertinent books and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free records of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properlySeller, and in to make reasonable inspections of Seller's facilities to verify compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purposethis Article.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property it separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.;

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose. 4.

BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-howknow‑how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer or any Affiliate of Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer or its Affiliate to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's ’s Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s its expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as it is owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property it separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property it properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Propertyits use; and (vi) use Buyer’s Property it only to meet XxxxxBuyer’s Orders without disclosing or otherwise reproducing it for any other purpose.