Common use of BUYER’S PROPERTY Clause in Contracts

BUYER’S PROPERTY. Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.

BUYER’S PROPERTY. Seller shall clearly markAll supplies, maintain an inventory ofmaterials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier to perform the Contract, or for which Supplier has been paid (other than through piece price amortization) by Buyer (“Buyer’s Property”), will be and remain the property of Buyer, and keep segregated or identifiable all right, title and interest in Xxxxx’s Property will remain with Buyer, subject only to the limited right of possession granted to Supplier under this Section. Buyer will, at any time, have the right to immediate possession of Xxxxx’s Property, on Xxxxx’s demand. If title in any Buyer’s Property has not otherwise passed to Buyer, title will pass to Buyer immediately upon completion of Buyer's ’s production part approval process (PPAP) for such property and all property or the date Buyer first makes any payment to which Xxxxx acquires an interest by virtue of this ContractSupplier relating to such property, whichever comes first. Seller assumes Supplier will bear all risk of lossloss of and damage to Xxxxx’s Property. Buyer’s Property will at all times be properly housed and maintained by Supplier, destruction at its expense, will not be used by Supplier for any purpose other than the performance of the Contract; will be deemed to be personally; will be conspicuously marked by Supplier as the property of Buyer; will not be commingled with the property of Supplier or damage with that of such property howsoever caused while in Seller's possession, custody or control, including any transfer a third person; and will not be moved from Supplier’s premises without Buyer’s prior written approval. Buyer and its designees will have the right to Sellerenter Supplier’s Subcontractorspremises at all reasonable times to inspect Buyer’s Property and Supplier’s records with respect thereto. Upon requestthe request of Xxxxx, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost Property will be immediately released to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's useby Supplier, in its direct contracts with the government, of property in which the government has an interest.either

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract, or for which Seller has been reimbursed by Xxxxx, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer and held by Seller on a bailment basis (“Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty”). Seller shall bear the risk of loss of and damage to Xxxxx’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, contract; shall be deemed to be personalty; shall be conspicuously marked by Seller as the property of Buyer; shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person; and shall not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s Property shall be immediately released to Buyer promptly or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover Property for work performed on such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestotherwise.

BUYER’S PROPERTY. Seller shall clearly marknot purchase for the account of Buyer or charge to Buyer any tools, maintain an inventory ofdies, jigs, molds, fixtures, patterns or other equipment (collectively, "Tools") used or useable for producing Products pursuant to this Purchase Order, unless such Tools have been listed on Seller's invoice and approved by Buyer in writing. Seller acknowledges that all Tools so approved, all Tools otherwise supplied by Buyer or its customer, all castings that Buyer provides to Seller for any value-added services, including but not limited to machining, heat treating and painting, and keep segregated all Products returned by Buyer for repair or identifiable all pending replacement (collectively, "Buyer’s Property") are and shall be owned by Buyer and Tools shall be used only for the production of Products for Buyer. Seller shall have only temporary possession of Buyer's property ’s Property and shall deliver all property or any part thereof to which Xxxxx acquires an interest by virtue of this ContractBuyer immediately upon demand or automatically upon any bankruptcy or insolvency filing or other event. Seller assumes at its own expense shall keep all risk Buyer’s Property in working condition and fully insured for the benefit of loss, destruction or damage of such property howsoever caused Buyer at all times while in Seller's possession, custody or controlwill keep it segregated from all other assets and labelled as being the property of Buyer, and will immediately sign and file any UCC-1 forms required by Buyer in respect thereof. Seller bears all responsibility for loss of and damage to any Buyer’s Property, including any transfer to responsibility for loss and damage which occur despite Seller’s Subcontractorsexercise of reasonable care, but excluding normal wear and tear. Upon requestSeller hereby grants to the Buyer the option of purchasing any Tools which are not Buyer Property and have been used exclusively for the manufacture of the Products, at Seller's unamortized direct out of pocket cost. If Seller subcontracts all or any portion of the manufacture of the Tools, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear advance and tear and normal manufacturing losses. Nothing obtain for Buyer all of the rights contained in this article 25 limits Paragraph 17 from each such subcontractor used by Seller's use, in its direct contracts with the government, of property in which the government has an interest.

BUYER’S PROPERTY. Seller shall clearly markAll property used by Supplier in connection with the Purchase Order which is owned, maintain an inventory offurnished, charged to or paid for by Buyer, including, but not limited to, materials, tools, dies, jigs, molds, patterns, fixtures, equipment, drawings and other technical information, information provided or stored on electronic media, computer software, specifications, and keep segregated or identifiable all of any replacement thereof, shall be and remain Buyer's ’s property and shall be subject to removal and inspection by Buyer at any time without cost or expense to Buyer. Buyer shall have free access to Supplier’s premises for the purpose of inspecting or removing such property. Supplier shall identify and xxxx all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possessionas Buyer’s property, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all timesonly to perform its obligations under the Purchase Order, Seller shall and shall ensure that Seller and Selleradequately insure such property at Supplier’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to expense for Buyer’s propertyprotection. If any Supplier shall assume all liability for and maintain and repair such property and return the same to Buyer in its original condition, reasonable wear and tear excepted. When such property is damagedno longer required to perform Supplier’s obligations under the Purchase Order, lost or destroyed Supplier shall furnish Buyer with a list thereof and comply with any disposition instructions provided by Buyer. Buyer shall not be obligated to pay for tooling unless such obligation is expressly set forth on the fault or negligence face of Seller or Sellerthe Purchase Order, and in no event shall Buyer be required to pay for tooling until after the first article produced therefrom has been inspected and shipped by Supplier and received, inspected and accepted by Buyer. Materials furnished by Buyer on other than a change basis in connection with the Purchase Order shall be deemed to be held by Supplier as bailee thereof. Supplier agrees to pay Buyer’s Subcontractors, Seller shall, at no replacement cost to Buyer promptly and equitably reimburse Buyer for all such damage or repair material spoiled or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller not satisfactorily accounted for as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestscrap loss.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract, or for which Seller has been reimbursed by Xxxxx, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer and held by Seller on a bailment basis (“Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty”). Seller shall bear the risk of loss of and damage to Xxxxx’s Property. Seller shall insure Buyer’s Property with full fire and extended coverage insurance for its replacement value. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in that the performance of this Contract without Xxxxx's prior written consent. At all timescontract, shall be conspicuously marked by Seller as the property of Buyer, shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person, and shall not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s property shall be immediately released to Buyer promptly or delivered to Buyer by Seller, F.O.B. Seller’s plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover Property for work performed on such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestotherwise.

BUYER’S PROPERTY. All tools, equipment dies, gauges, models, drawings or other materials furnished by the Buyer to Seller shall clearly mark, maintain an inventory ofor made by Seller for the purpose of this order or paid for by the Buyer, and keep segregated all replacements thereof and materials fixed or identifiable attached thereto, shall be and remain the property of the Buyer. All Buyer’s property and, whenever applicable, each individual item thereof, will be plainly marked and otherwise adequately identified by Seller as “Property of Carrier Corporation,” and will at Seller’s expense be safely stored (separate and apart from Seller’s property whenever practicable) and will be kept free of all liens, claims, encumbrances and interests of third parties. Seller will not substitute any property for Xxxxx’s property, will not deliver or make available to any third party any of Buyer's ’s property or any property or goods developed, manufactured or created with the aid of any of Buyer’s property and will not use any of Buyer’s property or any property or goods manufactured, developed or created with the aid of Buyer’s property, except in filling the orders of Buyer. Upon completion of this order, or upon the written request of Xxxxx at any time, Seller will prepare all Buyer’s property for shipment and deliver such property to which Xxxxx acquires an interest Buyer in the same condition as originally received by virtue of this ContractSeller, reasonable wear and tear excepted. Seller assumes Buyer shall have the right, at all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer reasonable times upon prior notice to enter Seller’s Subcontractors. Upon requestpremises to inspect any and all Buyer’s property and any property or goods manufactured, Seller shall provide Buyer developed or created with adequate proof the aid of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any Seller shall have such responsibility for Xxxxx’s property as is damaged, lost or destroyed chargeable to Seller by the fault or negligence law by reason of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller its position as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestbailee.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract, or for which Seller has been reimbursed by Buyer, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer and held by Seller on a bailment basis (“Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty”). Seller shall bear the risk of loss of and damage to Buyer’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract contract; shall be deemed to be personalty; shall be conspicuously marked by Seller as the property of Buyer; shall not be commingled with the property of Seller or with that of a third person; and shall not be moved from Seller’s premises without Xxxxx's Buyer’s prior written consentapproval. At Buyer shall have the right to enter Seller’s premises at all times, Seller shall and shall ensure that Seller reasonable times to inspect such property and Seller’s Subcontractor thereof shallrecords with respect thereto. Upon the request of Buyer, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damagedProperty shall be immediately released to Buyer or delivered to Buyer by Seller, lost or destroyed by the fault or negligence of Seller or either (i) F.O.B. transport equipment at Seller’s Subcontractorsplant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace the reasonable costs of delivering such property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover Property for work performed on such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestotherwise.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract, or for which Seller has been reimbursed by Xxxxx, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer and held by Seller on a bailment basis (“Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty”). Seller shall bear the risk of loss of and damage to Xxxxx’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, contract shall be deemed to be personally shall be conspicuously marked by Seller as the property of Buyer shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person and shall not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s Property shall be immediately released to Buyer promptly or delivered to Buyer by Seller on its cost, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestlocation.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this Contract, or for which Seller has been reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis ("Buyer's Property"). Seller shall clearly mark, maintain an inventory of, bear the risk of loss of and keep segregated or identifiable all of damage to Xxxxx's Property. Buyer's property Property shall at all times be properly housed and all property to which Xxxxx acquires an interest maintained by virtue Seller, at its expense, shall not be used by Seller for any purpose other than the performance of this Contract. ; shall be deemed to be personalty; shall be conspicuously marked by Seller assumes all risk as the property of loss, destruction Buyer; shall not be commingled with the property of Seller or damage with that of such property howsoever caused while in a third person; and shall not be moved from Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract premises without XxxxxBuyer's prior written consentapproval. At Buyer shall have the right to enter Seller's premises at all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions reasonable times to prevent any damage, loss or destruction to Buyer’s property. If any inspect such property is damagedand Xxxxxx's records with respect thereto. Upon the request of Xxxxx, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost Xxxxx's Property shall be immediately released to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits by Seller's use, in its direct contracts with the government, of property in which the government has an interest.either

BUYER’S PROPERTY. Unless otherwise agreed to in writing, layouts, models, all tools, gauges, designs, sketches, drawings, blueprints, patterns, dies, specifications, engineering data or other technical or proprietary information, special appliances, and other equipment or materials of every description furnished to Seller by Buyer, or any materials affixed or attached thereto, shall remain the property of the Buyer (“Buyer’s Property”). Such property (and whenev-er practical, each individual item thereof), shall be plainly marked or otherwise adequately identified by Seller as “property of International Wire Group” and shall be safely stored separate and apart from Seller’s property and shall be sub-ject to examination by Buyer. Seller shall clearly marknot substitute any property for Buyer’s Property and shall not use such except in filling Buyer’s orders. Buyer’s Property, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, ’s custody or control, including any transfer to shall be maintained in good condi-tion at Seller’s Subcontractorsexpense, shall be held at Seller’s risk and shall be kept insured by Seller at Seller’s expense in an amount equal to the replacement cost with loss payable to Buyer. Upon Buyer’s Property shall be subject to removal at Buyer’s written request, in which event Seller shall provide prepare Buyer’s Property for shipment and shall deliver the same to Buyer with adequate proof in the same condition as originally received by Seller, reasonable wear and tear excepted. Any special tooling, the full cost or a substantial portion of insurance against such risk the cost of losswhich is included in the price of Buyer’s orders, destruction or damageshall upon completion of orders become the properly of Buyer. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by return the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost same to Buyer promptly and equitably reimburse Buyer for or make such damage other disposition thereof as may be directed or repair or otherwise repair or replace such property to approved by Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.

BUYER’S PROPERTY. Unless otherwise indicated in this contract, all supplies, materials, tools, jigs, dies, fixtures, patterns, equipment and other items furnished by Buyer, either directly or indirectly to Seller to perform this contract, or for which Seller has been reimbursed by Buyer, shall be and remain the property of Buyer, provided, however, that Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all bear the risk of lossloss and damage to such property, destruction or damage of such normal wear and tear excepted. Such property howsoever caused while in shall at all times be properly housed and maintained by Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, shall be insured by Seller shall provide Buyer with adequate proof of fire and extended insurance against such risk of loss, destruction or damage. Seller coverage for the replacement 2292670v1 value thereof; shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, contract unless otherwise authorized in writing by Buyer; shall be deemed to be personal property (moveable property); shall be conspicuously marked by Seller or marked with the name of Buyer’s customer; shall not be commingled with the property of Seller or with that of a third person; and shall ensure that not be moved from Seller’s premises without Buyer’s written approval. Upon request of Buyer, such property shall be immediately delivered to Buyer by Seller either (i) F.O.B. cars or trucks at Seller’s plant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, and Buyer shall pay to Seller the cost of delivering such property to such location. Buyer shall have the right to enter into Seller’s premises at all reasonable times to inspect such property and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts records with the government, of property in which the government has an interestrespect thereto.

BUYER’S PROPERTY. Seller All tools, equipment dies, gauges, models, drawings or other materials furnished by Buyer to Supplier or made by Supplier for the purpose of this Agreement or paid for by Buyer and all replacements thereof and materials attached thereto, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer's . All Buyer’s property and, whenever applicable, each individual item thereof, will be plainly marked and otherwise adequately identified by Supplier as being Buyer’s property, will at Supplier’s expense be safely stored (separate and apart from Supplier’s property whenever practicable) and maintained and will be kept free of all liens, claims, encumbrances and interests of third parties. Supplier shall be responsible for loss of and damage to Xxxxx’s property. Supplier will not substitute any property for Xxxxx’s property, will not deliver or make available to any third party any of Buyer’s property or any property or goods developed, manufactured or created with the aid of any of Buyer’s property and will not use any of Buyer’s property or any property or goods manufactured, developed or created with the aid of Buyer’s property, except in fulfilling the Orders of Buyer. Upon completion by Supplier of the Order, or upon the written request of Xxxxx at any time, Supplier will prepare all Buyer’s property for shipment and deliver such property to which Xxxxx acquires an interest Buyer in the same condition as originally received by virtue of this ContractSupplier, reasonable wear and tear excepted. Seller assumes Buyer shall have the right, at all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all reasonable times, Seller shall upon prior notice to enter Supplier’s premises to inspect any and shall ensure that Seller all Buyer’s property and Seller’s Subcontractor thereof shallany property or goods manufactured, use suitable precautions to prevent developed or created with the aid of any damage, loss or destruction to Buyer’s property. If any Should Supplier be unable to deliver Goods pursuant to this Agreement, Buyer, by written notice, may vest in itself title to finished parts, raw materials or work in process associated with this Agreement, and Supplier shall deliver all such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to material and other Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to such location or locations outside its facility as may be designated by Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.

BUYER’S PROPERTY. a. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to perform Seller’s Subcontractors. Upon requestobligations to Buyer, or for which Seller has been reimbursed by Buyer, shall provide be and remain the property of Buyer with adequate proof of insurance against such risk of loss, destruction or damageand held by Seller on a bailment basis (“Buyer’s Property”). Seller shall bear the risk of loss of and damage to Xxxxx’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction obligations to Buyer’s property. If any such ; shall be deemed to be personalty; shall be conspicuously marked by Seller as the property is damaged, lost or destroyed by of Buyer; shall not be commingled with the fault or negligence property of Seller or with that of a third person; and shall not be moved from Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to premises without Buyer’s satisfactionprior written approval. If Seller fails Unless otherwise agreed to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed in writing by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller at its own expense shall deliver such property, to keep the extent not incorporated in delivered Goods, to Buyer Buyer's Property in good condition subject to ordinary and repair, including repair necessitated by wear and tear and other usage by Seller. In the event that it becomes necessary, as determined by either Buyer or Seller, to replace the Buyer's Property due to normal manufacturing lossesuse by the Seller, or otherwise, said replacement of Buyer's Property shall be at the sole expense of the Seller and said replacement Buyer's Property shall remain the property of the Buyer. Nothing Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect Buyer’s Property and Seller’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and marked in this article 25 limits Seller's useaccordance with the requirements of the carrier selected by Buyer to transport Buyer’s Property, or (ii) to any location designated by Buyer, in its direct contracts with which event Buyer shall pay to Seller the governmentreasonable costs of delivering such Buyer’s Property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of property in which the government has an interestBuyer’s Property for work performed on Buyer’s Property or otherwise.

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Seller shall clearly markto perform this contract, maintain an inventory ofor for which Seller has been paid (other than through piece price amortization) by Buyer (“Buyer’s Property”), will be and remain the property of Buyer, and keep segregated or identifiable all right, title and interest in Xxxxx’s Property will remain with Buyer, subject only to the limited right of possession granted to Seller under this Section. Buyer will, at any time, have the right to immediate possession of Xxxxx’s Property, on Xxxxx’s demand. If title to any Buyer’s Property has not otherwise passed to Buyer, title will pass to Buyer immediately upon completion of Buyer's ’s production part approval process (PPAP) for such property and all property or the date Buyer first makes any payment to which Xxxxx acquires an interest by virtue of this ContractSeller relating to such property, whichever comes first. Seller assumes will bear all risk of lossloss of and damage to Xxxxx’s Property. Buyer’s Property will always be properly housed and maintained by Seller, destruction or damage of such property howsoever caused while in Seller's possessionat its expense, custody or control, including will not be used by Seller for any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, contract; will be deemed to be personal property; will be conspicuously marked by Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to as the property of Buyer’s property. If any such ; will not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person; and will not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer and its designees will have the right to enter Seller’s premises at all reasonable times to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s Property will be immediately released to Buyer promptly or delivered to Buyer by Seller, either (i) FCA transport equipment at Seller’s plant (Incoterms 2010), properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer will pay to Seller the reasonable costs of delivering such property to Buyer’s satisfactionsuch location. If Seller fails to do sosuch immediate release does not happen, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.twenty-four

BUYER’S PROPERTY. Unless otherwise indicated in this order, all supplies, materials, tools, jigs, dies, fixtures, patterns, equipment, and other items furnished by Buyer, either directly or indirectly, to Seller to perform this order, or for which Seller has been reimbursed by Buyer, shall be and remain the property of Buyer, provided, however, that Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all bear the risk of lossloss of and damage to such property, destruction or damage of such normal wear and tear excepted. Such property howsoever caused while in shall at all times be properly housed and maintained by Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, ; shall be insured by Seller shall provide Buyer with adequate proof of fire and extended insurance against such risk of loss, destruction or damage. Seller coverage for the replacement value thereof; shall not use such property be used by Seller for any purpose other than in the performance of this Contract order unless otherwise authorized in writing by Buyer, shall be deemed to be personal property (moveable property in Quebec), shall be conspicuously marked "Property of General Motors of Canada Limited" by Seller, shall not be commingled with the property of Seller or with that of a third person; and shall not be moved from Seller's premises without XxxxxBuyer's prior written consentapproval. At all timesUpon the request of Buyer, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost shall be immediately delivered to Buyer promptly by Seller either (i) F.O.B. cars or trucks at Seller's plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the cost of delivering such property to Buyer’s satisfactionsuch location. If Seller fails Buyer shall have the right to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits enter onto Seller's use, in its direct contracts premises at all reasonable times to inspect such property and Seller's records with the government, of property in which the government has an interestrespect thereto.

BUYER’S PROPERTY. Unless otherwise agreed to in writing, layouts, models, all tools, gauges, designs, sketches, drawings, blueprints, patterns, dies, specifications, engineering data or other technical or proprietary information, special appliances, and other equipment or materials of every description furnished to Seller by Buyer, or any materials affixed or attached thereto, shall remain the property of the Buyer (“Buyer’s Property”). Such property (and whenev- er practical, each individual item thereof), shall be plainly marked or otherwise adequately identified by Seller as “property of International Wire Group” and shall be safely stored separate and apart from Seller’s property and shall be sub- ject to examination by Buyer. Seller shall clearly marknot substitute any property for Buyer’s Property and shall not use such except in filling Buyer’s orders. Buyer’s Property, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, ’s custody or control, including any transfer to shall be maintained in good condi- tion at Seller’s Subcontractorsexpense, shall be held at Seller’s risk and shall be kept insured by Seller at Seller’s expense in an amount equal to the replacement cost with loss payable to Buyer. Upon Buyer’s Property shall be subject to removal at Buyer’s written request, in which event Seller shall provide prepare Buyer’s Property for shipment and shall deliver the same to Buyer with adequate proof in the same condition as originally received by Seller, reasonable wear and tear excepted. Any special tooling, the full cost or a substantial portion of insurance against such risk the cost of losswhich is included in the price of Buyer’s orders, destruction or damageshall upon completion of orders become the properly of Buyer. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by return the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost same to Buyer promptly and equitably reimburse Buyer for or make such damage other disposition thereof as may be directed or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed approved by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this Contract, or for which Seller has been reimbursed by Buyer, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”). Seller shall clearly markbear the risk of loss of and damage to Buyer’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, maintain an inventory ofat its expense, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest shall not be used by virtue Seller for any purpose other than the performance of this Contract; shall be deemed to be personalty; shall be conspicuously marked by Seller as the property of Buyer; shall not be commingled with the property of Seller or with that of a third person; and shall not be moved from Seller’s premises without Buyer’s prior written approval. Seller assumes Buyer shall have the right to enter Seller’s premises at all risk of loss, destruction or damage of reasonable times to inspect such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shallrecords with respect thereto. Upon the request of Buyer, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damagedProperty shall be immediately released to Buyer or delivered to Buyer by Seller, lost or destroyed by the fault or negligence of Seller or either (i) F.O.B. transport equipment at Seller’s Subcontractorsplant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace the reasonable costs of delivering such property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover Property for work performed on such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestotherwise.

BUYER’S PROPERTY. Seller All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, containers, equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier to perform this Contract, or for which Supplier has been reimbursed by Buyer outside of the piece price (“Buyer’s Property”), shall clearly markbe and remain the property of Buyer and held by Supplier on a bailment basis. Buyer will, maintain an inventory ofat any time, and keep segregated or identifiable all have the right to immediate possession of Buyer's property ’s Property on Buyer’s demand. Supplier shall bear all risk of loss of and damage to Buyer’s Property while it is in Supplier’s possession or under its control. Buyer’s Property shall at all property to which Xxxxx acquires an interest times be properly housed, maintained and/or stored by virtue Supplier, at its expense, shall not be used by Supplier for any purpose other than the performance of this Contract; shall be deemed to be personalty; shall be conspicuously marked by Supplier as the property of Buyer; shall not be commingled with the property of Supplier or with that of a third person; and shall not be moved from Supplier’s premises without Buyer’s prior written approval. Seller assumes Buyer and its designees shall have the right to enter Supplier’s premises at all risk reasonable times to inspect Buyer’s Property and Supplier’s records with respect thereto. Upon the request of lossBuyer, destruction Buyer’s Property shall be immediately released to Buyer or damage delivered to Buyer by Supplier. To the fullest extent permitted by law, Supplier waives any liens, claims, encumbrances, interests or other rights that Supplier might otherwise have or assert on or with respect to any of Buyer’s Property for work performed on such property howsoever caused while or otherwise. Supplier shall indemnify, defend and hold harmless Buyer, its affiliates, agents, representatives and employees from and against all claims, liabilities, damages, losses, costs and expenses (including without limitation legal and other professional fees) arising out of or in Seller's connection with Supplier’s possession, custody handling or controluse of Buyer’s Property. To the extent any intellectual property rights owned by or licensed to Supplier is embodied in, including or is otherwise necessary for the intended use of, any transfer Buyer’s Property, Supplier hereby grants to SellerBuyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Subcontractors. Upon requestProperty, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not to use such intellectual property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestrights.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract, or for which Xxxxxx has been reimbursed by Xxxxx, shall clearly mark, maintain an inventory of, be and keep segregated or identifiable all remain the property of Buyer and held by Seller on a bailment basis (“Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Seller’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty”). Seller shall bear the risk of loss of and damage to Xxxxx’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all times, contract shall be deemed to be personally shall be conspicuously marked by Seller as the property of Buyer shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person and shall not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s Property shall be immediately released to Buyer promptly or delivered to Buyer by Seller on its cost, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestlocation.

BUYER’S PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items furnished by Buyer, either directly or indirectly, to Seller to perform this contract or for which Seller has been reimbursed by Xxxxx, shall clearly markbe and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”). Unless otherwise agreed to by Buyer, maintain an inventory ofSeller at its expense shall keep in good condition, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer to Sellerreplace Xxxxx’s Subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damageProperty when necessary. Seller shall bear the risk of loss and damage for full replacement value to Buyer’s Property. Buyer’s Property shall at all times be properly housed and maintained by Seller, at its expense, shall not use such property be used by Seller for any purpose other than in the performance of this Contract without Xxxxx's prior written consent. At all timescontract, Seller shall and be deemed to be personalty, shall ensure that Seller and be conspicuously marked “Property of Rubber Enterprises, Inc.” by Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such shall not be commingled with the property is damaged, lost or destroyed by the fault or negligence of Seller or with that of a third person, and shall not be moved from Seller’s Subcontractorspremises without Buyer’s prior written approval. Buyer’s Property shall be insured at all times for its full replacement value at Seller’s expense and Buyer shall be named as loss payee. Buyer shall have the right to enter Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with respect thereto. Upon the request of Xxxxx, Seller shall, at no cost Xxxxx’s Property shall be immediately released to Buyer promptly or delivered to Buyer by Seller either (i) F.O.B. transport equipment at Seller’s plant, properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover Property for work performed on such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interestotherwise.

BUYER’S PROPERTY. Seller All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, containers, equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier to perform this Contract, or for which Supplier has been reimbursed by Buyer outside of the piece price (“Buyer’s Property”), shall clearly markbe and remain the property of Buyer and held by Supplier on a bailment basis. Buyer will, maintain an inventory ofat any time, and keep segregated or identifiable all have the right to immediate possession of Xxxxx’s Property on Xxxxx’s demand. If title in any Buyer’s Property has not otherwise passed to Buyer, title shall pass to Buyer immediately upon completion of Buyer's ’s production part approval process (PPAP) for such property or the date Buyer first makes any payment to Supplier relating to such property, whichever comes first. Supplier shall bear all risk of loss of and damage to Buyer’s Property while it is in Supplier’s possession or under its control. Buyer’s Property shall at all property to which Xxxxx acquires an interest times be properly housed, maintained and/or stored by virtue Supplier, at its expense, shall not be used by Supplier for any purpose other than the performance of this Contract; shall be deemed to be personalty; shall be conspicuously marked by Supplier as the property of Buyer; shall not be commingled with the property of Supplier or with that of a third person; and shall not be moved from Supplier’s premises without Buyer’s prior written approval. Seller assumes Buyer and its designees shall have the right to enter Supplier’s premises at all risk of loss, destruction or damage of such property howsoever caused while in Seller's possession, custody or control, including any transfer reasonable times to Sellerinspect Buyer’s SubcontractorsProperty and Supplier’s records with respect thereto. Upon requestthe request of Buyer, Seller Xxxxx’s Property shall provide Buyer with adequate proof of insurance against such risk of loss, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost be immediately released to Buyer promptly or delivered to Buyer by Supplier either (i) FCA transport equipment at Supplier’s plant (Incoterms 2010), properly packed and equitably reimburse marked in accordance with the requirements of the carrier selected by Buyer for to transport such damage property, or repair or otherwise repair or replace (ii) to any location designated by Buyer, in which event Buyer shall pay to Supplier the reasonable costs of delivering such property to such location.. To the fullest extent permitted by law, Supplier waives any liens, claims, encumbrances, interests or other rights that Supplier might otherwise have or assert on or with respect to any of Buyer’s satisfactionProperty for work performed on such property or otherwise. If Seller fails to do soSupplier shall indemnify, Buyer may do so defend and recover such amounts hold harmless Buyer, its affiliates, agents, representatives and employees from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lostand against all claims, damaged or destroyed. As directed by Xxxxxliabilities, upon completiondamages, changelosses, termination or cancellation costs and expenses (in each case whether in whole including without limitation legal and other professional fees) arising out of or in part) connection with Supplier’s possession, handling or use of this ContractBuyer’s Property. To the extent any intellectual property rights owned by or licensed to Supplier is embodied in, Seller shall deliver such propertyor is otherwise necessary for the intended use of, any Buyer’s Property, Supplier hereby grants to Buyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article 25 limits Seller's use, in its direct contracts with the government, of use such intellectual property in which the government has an interestrights.