Materials, Equipment and Supplies. The cost of materials, equipment and supplies (herein called “Material”) purchased from unaffiliated third parties or furnished by either Participant as provided in Section 3. The Manager shall purchase or furnish only so much Material as may be required for use in efficient and economical Operations. The Manager shall also maintain inventory levels of Materials at reasonable levels to avoid unnecessary accumulation of surplus stock.
Materials, Equipment and Supplies. The ESCO shall provide or cause to be provided all facilities, materials, equipment, and supplies necessary to perform the Energy Audit and prepare the Report.
Materials, Equipment and Supplies. Either Party may supply or provide materials, equipment and supplies associated with Logistics Services or Tesoro Services. In addition, a Party may incur costs and expenses relating to permits, licenses, utilities, communications, consultants, security, and similar matters that are related to Logistics Services or Tesoro Services. The Parties shall establish procedures whereby the costs and expenses of providing such items are allocated to and paid by the Parties in accordance with the extent to which each Party realizes the benefit of each such item. If one Party incurs the costs and expenses for any such item that is used solely for the benefit of another Party, then the Party that pays for such item shall be entitled to reimbursement from the Party who received the benefit of such item. If any items benefit both the Tesoro Group and the Logistics Group, then the Group who incurs the costs and expenses associated with such items shall be entitled to reimbursement from the other Group in proportion to the benefits received by each Group from the incurrence of such costs and expenses. The Parties shall negotiate such allocations in good faith with respect to each such item at the time the reimbursement is determined. For items that are associated with Operational Expenses, the allocation may be included in the flat monthly fees reflected on the Service Schedules.
Materials, Equipment and Supplies. Either Party may supply or provide contract labor, materials, equipment and supplies (collectively “Work”) associated with Logistics Services or Tesoro Services. In addition, a Party may incur costs and expenses relating to permits, licenses, utilities, communications, consultants, security, and similar matters that are related to Logistics Services or Tesoro Services. Where applicable and agreed upon among the affected Parties, such Work may be provided by a third party under such third party’s contract with one Party for the benefit and account of another Party hereto, such that a contract entered into by a member of the Tesoro Group may cover Work provided for the account and benefit of a member of the Logistics Group, and vice versa. In such instances, the Party named in the applicable contract shall administer the Work being performed under the contract as a representative of the Party for whose account and benefit the Work is being performed, and the management and supervision of such Work shall be by the Party for whose account and benefit the Work is being performed, with employees responsible for such management and supervision being seconded, as otherwise provided herein. The Work must be approved by a person who has the authority delegated to approve the nature of the Work and the allocated costs and expenses of providing such items on behalf of the Party for whose account and benefit the Work is being performed, in accordance with the applicable policies and procedures of such Party. The Parties shall establish procedures whereby the costs and expenses of providing such items are allocated to and paid by the Parties in accordance with the extent to which each Party realizes the benefit of each such item. If one Party incurs the expense for any such item that is used solely for the benefit of another Party, then the Party pays for such item shall be entitled to reimbursement from the Party who received the benefit for the costs and expenses so incurred such items. If any items benefit both the Tesoro Group and the Logistics Group, then the Group who incurs the costs and expenses associated with such items shall be entitled to reimbursement from the other Group in proportion to the benefits received by each Group from the incurrence of such costs and expenses. The Parties shall negotiate such allocations in good faith with relation to each such item at the time the reimbursement is determined. For items that are associated with Operational Expens...
Materials, Equipment and Supplies. The cost of materials, equipment and supplies (herein called "Material") purchased from unaffiliated third parties or furnished by the Operator or any Participant as provided in Article III. The Operator shall purchase or furnish only so much Material as may be required for immediate use in efficient and economical Operations. The Operator shall also maintain inventory levels of Material at reasonable levels to avoid unnecessary accumulation of surplus stock.
Materials, Equipment and Supplies. The Company shall provide or cause to be provided all facilities, materials, equipment and supplies necessary to perform the Energy Audit and prepare the Report.
Materials, Equipment and Supplies. The cost of materials, equipment and supplies, hereafter called, Material, purchased from unaffiliated third parties or furnished by the Managing Partner. The Managing Partner shall purchase or furnish only so much Material as may be required for use in efficient and economical execution of the Operations. The Managing Partner shall also maintain inventory levels of Materials at reasonable levels to avoid unnecessary accumulation of surplus stock. The Managing Partner may charge the Partnership for the required Material on the basis of the Managing Partner’s direct cost and expenses incurred in procuring such Material. Neither the Managing Partner nor any other Partner warrants the Material furnished beyond any dealer’s or manufacturer’s warranty.
Materials, Equipment and Supplies. ESP shall provide or cause to be provided all materials, equipment and supplies necessary to perform its obligations under this Audit Agreement, including but not limited to the Audit and the Audit Report. ESP recognizes that the cost of said items is included in the Audit Fee. Patent and Copyright Responsibility. ESP agrees, warrants and represents that any material or design specified by ESP or supplied by ESP and any software or program utilized by ESP, under this Audit Agreement shall not infringe any patent, copyright or other intellectual property right. ESP shall be solely responsible for securing any necessary licenses required for the performance of the Audit and preparation of the Audit Report. ESP shall indemnify and hold harmless Owner for any damages, losses or costs incurred by Owner, including attorney fees, arising from ESP’s (including any entity employed by ESP) failure to comply with this Section. ESP shall ensure that Owner receives unrestricted authority to reproduce, distribute and use any submitted report, data or material and any software or modifications and any associated documentation that is designed or developed and delivered to Owner as part of the performance of this Audit Agreement.
Materials, Equipment and Supplies. University shall retain title to all materials, equipment and supplies purchased or fabricated with funds provided by Sponsor under this Agreement.
Materials, Equipment and Supplies. The cost of materials, equipment and supplies purchased, furnished or otherwise contributed by the Manager or any Participant as provided in Article 3. The Manager shall purchase or furnish only so much Material as may be required for immediate use in efficient and economical Operations. The Manager shall also maintain inventory levels of Material at reasonable levels to avoid accumulation of surplus stock.
