Consignment of Equipment and Materials Sample Clauses

Consignment of Equipment and Materials. 3.1 The equipment, which is required to manufacture the products, is consigned by EXABYTE to ESGW. The EXABYTE Tools and all other tools, drawings, plans, specifications, or other materials furnished by EXABYTE for use by ESGW in its performance under this Agreement or any Purchase Order issued hereunder shall be identified as, and shall be and remain, the property of EXABYTE and shall be used by ESGW only in its performance hereunder. Such property shall be returned to EXABYTE at EXABYTE’s cost, upon request, to a destination specified by EXABYTE, in the same condition as provided, except for normal wear and tear. Such equipment is set forth in Schedule 4 attached hereto. ESGW shall maintain, but not refurbish, the EXABYTE Tools at ESGW’s cost and expense and shall maintain, or pay to maintain, in accordance with EXABYTE’s requirements any other EXABYTE-owned property in use by ESGW at ESGW’s cost and expense. ESGW reserves the right to consult with EXABYTE prior to proceeding with any maintenance or refurbishment of Tools. ESGW shall be responsible for the operation and security of the EXABYTE Tools and any other EXABYTE-owned property in use by ESGW.
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Consignment of Equipment and Materials. Certain equipment and tooling, which is required for manufacturing the Products will be consigned by Satcon to Perfect Galaxy for use (the “Satcon Tooling”) at no expense to Perfect Galaxy. The Satcon Tooling and all drawings, plans, specifications, or other materials furnished by Satcon to Perfect Galaxy relating to Satcon Tooling shall be and remain the property of Satcon, and shall be used by Perfect Galaxy only for the purposes of effectuating Perfect Galaxy’s performance of this Agreement. Satcon tooling shall be returned to Satcon at Satcon’s expense, upon request, to a destination specified by Satcon, in operative condition, except for normal wear and tear.
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Consignment of Equipment and Materials. (a) Purchaser will consign to IR the Purchased Fab 1 Equipment, the Mexico Assembly Equipment and the Mexico Substrate Equipment (collectively, the “Equipment”) during the times, and for use in providing the Services, specified in this Agreement. The Equipment shall not be used by IR for any other purpose. IR shall have the right, at its option and discretion, to use alternate IR equipment to meet Committed Forecast and Loading Schedules. IR shall not contest the filing by Purchaser of appropriate UCC financing statements during the term of this Agreement in any appropriate jurisdiction for the purposes of Purchaser evidencing its ownership of the Equipment (and any other consigned materials provided hereunder); provided however, any such financing statement(s) shall be sufficiently detailed so as to specifically identify such Equipment and materials and shall be promptly updated or terminated to the extent of the reduction of consigned Equipment and materials.
Sample 1
Consignment of Equipment and Materials. (a) Purchaser will consign to IR the Purchased Fab 1 Equipment, the Mexico Assembly Equipment and the Mexico Substrate Equipment (collectively, the “Equipment”) during the times, and for use in providing the Services, specified in this Agreement. The Equipment shall not be used by IR for any other purpose. IR shall have the right, at its option and discretion, to use alternate IR equipment to meet Committed Forecast and Loading Schedules. IR shall not contest the filing by Purchaser of appropriate UCC financing statements during the term of this Agreement in any appropriate jurisdiction for the purposes of Purchaser evidencing its ownership of the Equipment (and any other consigned materials provided hereunder); provided however, any such financing statement(s) shall be sufficiently detailed so as to specifically identify such Equipment and materials and shall be promptly updated or terminated to the extent of the reduction of consigned Equipment and materials. Additionally, the parties have agreed that IRMEX may be used by IR in assisting IR to provide Assembly Services and Substrate Services hereunder. In furtherance thereof, Mexico Assembly Equipment and the Mexico Substrate Equipment may, during part of the term hereof, be in the possession of IRMEX. Purchaser and IRMEX shall enter into concurrently with this Agreement and shall record in the appropriate registry a Gratuitous Bailment Agreement (“Bailment Agreement”). Any additional expense or delays in the ability of IR to perform Services hereunder or under the TSA (including without limitation the shipment of the Mexico Assembly Equipment and the Mexico Substrate Equipment out of Mexico) due to the execution and registration of the Bailment Agreement shall be the responsibility of Purchaser.
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Consignment of Equipment and Materials. Certain equipment and tooling, which is required for manufacturing the Products will be consigned by Satcon to ExcelStor for use (the “Satcon Tooling”) at no expense to ExcelStor. The Satcon Tooling and all drawings, plans, specifications, or other materials furnished by Satcon to ExcelStor relating to Satcon Tooling shall be and remain the property of Satcon, and shall be used by ExcelStor only for the purposes of effectuating ExcelStor’s performance of this Agreement. Satcon Tooling shall be returned to Satcon at Satcon’s expense, upon request, to a destination specified by Satcon, in operative condition, except for normal wear and tear. The Parties shall execute a Consignment Agreement substantially in the form as set forth in Exhibit A attached.
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Related to Consignment of Equipment and Materials

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Leased Equipment Schedule 3.16(e) hereto contains a list of all leases or other agreements, whether written or oral, under which the Corporation is lessee of or holds or operates any items of machinery, equipment, tools, motor vehicles, furniture and fixtures or other property (other than real property) owned by any third party (collectively, the "Leased Equipment").

  • Supplies and Equipment Property Manager may purchase, provide and pay for out of the Operating Account (so long as contemplated by the Budget or deemed to be a Permitted Expenditure) all needed janitorial and maintenance supplies, tools and equipment, restroom and toilet supplies, light bulbs, paints and similar supplies necessary for the management, operation and maintenance of the Property (collectively, the “Supplies and Equipment”). Such Supplies and Equipment shall be the property of Company, shall be delivered to and stored at the Property and shall be used only in connection with the management, operation, and maintenance of the Property. Property Manager shall use commercially reasonable efforts to purchase all goods, supplies or services at the lowest cost reasonably available from reputable sources in the metropolitan area where the Property is located.

  • SERVICES AND EQUIPMENT Section 21.01. Landlord shall, at its cost and expense:

  • Equipment and Supplies Independent Contractor, at Independent Contractor's sole expense, shall provide all equipment, tools and supplies necessary to perform the Service.

  • Use of Equipment Lessee shall use the Equipment solely in the conduct of its business, in a manner and for the use contemplated by the manufacturer thereof, and in compliance with all laws, rules and regulations of every governmental authority having jurisdiction over the Equipment or Lessee and with the provisions of all policies of insurance carried by Lessee pursuant to Section 3.6.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Furniture, Fixtures and Equipment Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.

  • Removal of Equipment Lessee shall have and is hereby given and granted twelve (12) months after a valid forfeiture, cancellation or other termination of this lease to remove from said property all buildings, structures, warehouse stocks, merchandise, materials, tools, hoists, compressors, engines, motors, pumps, transformers, electrical accessories, metal or wooden tanks, pipes and connections, rails, mine cars and any and all machinery, trade fixtures, and equipment erected or placed in or upon said property by it, provided that such right of removal shall not extend to foundations and mine timbers in place unless Lessor shall have given his previous written consent thereto. If Lessee is hampered by snowdrifts, washouts, inclement weather, or other climatic conditions, from completing the removal of said property and equipment within the time specified, then Lessor agrees to extend the time by a reasonable period if requested by Lessee.

  • Plant and Equipment The plants, structures and ------------------- equipment of the Company are structurally sound with no known defects and are in good operating condition and repair and are adequate for the uses to which they are being put. None of such plants, structures or equipment are in need of maintenance or repairs except for ordinary, routine maintenance and repairs which are not material in nature or cost. The Company has not received notification that it is in violation of any applicable building, zoning, anti- pollution, health or other law, ordinance or regulation in respect of its plants or structures or their operations.

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