DCC Assets Clause Samples

DCC Assets. 37.1 Where any DCC Assets are made available by DCC to the Supplier (and/or any Supplier Personnel) then, subject to the terms of this Agreement:- 37.1.1 DCC grants the right to access and use such DCC Assets solely to the extent necessary for providing the Services; 37.1.2 such right of access and use shall terminate (i) automatically without notice from DCC upon termination or expiry of this Agreement; or (ii) when reasonably withdrawn by DCC upon reasonably written notice, save in both cases to the extent only that the Supplier requires such right of use to continue in order to perform its continuing obligations under this Agreement (and the Supplier has not breached any obligations relating to such DCC Assets); 37.1.3 the Supplier shall be responsible for the safe return of the DCC Assets to DCC; 37.2 At all times: 37.2.1 the Supplier shall ensure that the DCC Assets are used in a skilful and proper manner (and in accordance with any operating instructions issued for such DCC Assets) by properly skilled, trained and, where appropriate, qualified persons; 37.2.2 the Supplier shall, unless otherwise agreed with DCC, keep the DCC Assets in good repair condition and working order, serviced, cleaned and maintained (fair wear and tear excepted); 37.2.3 whilst such DCC Assets are in the Supplier's possession, custody or control: (a) such DCC Assets shall be at the Supplier's sole risk and the Supplier shall procure that they are kept safe and secure in accordance with the provisions of this Agreement; and (b) the Supplier shall ensure that the DCC Assets are only located or stored (temporarily or otherwise) in premises owned or controlled by DCC or in premises owned or controlled exclusively by the Supplier (and details of any such latter premises shall be notified to DCC prior to such location or storage of the DCC Assets); and 37.3 DCC may have access to: 37.3.1 all or any of the DCC Assets for the purpose of viewing, inspecting or testing any of the DCC Assets; and 37.3.2 any DCC Data stored or recorded in any such DCC Assets. 37.4 In respect of all DCC Assets: 37.4.1 the Supplier acknowledges that neither it nor any Supplier Personnel has any legal or equitable claim to DCC Assets, and agrees not to contest ownership of such DCC Assets; 37.4.2 the Supplier shall not create (or attempt to create) any security interest in such DCC Assets (and shall ensure that no Subcontractor of the Supplier or member of the Supplier Personnel shall do so); to the fullest ...