Common use of Physical Property Clause in Contracts

Physical Property. Unless otherwise agreed in writing, all tools, equipment or material furnished to Supplier or specially paid for by Company, including but not limited to Software Product (defined in Section 5.1) and any related items, and any replacement thereof, or any materials affixed or attached thereto, shall be and remain Company’s personal property. Such property shall be plainly marked as Company’s property and shall be safely stored separate and apart from Supplier’s property. Supplier shall not substitute any Company property without Company’s written approval. Such property, while in Supplier’s custody or control, shall be held at Supplier’s risk, shall be kept insured by Supplier at Supplier’s expense in an amount equal to the replacement cost with loss payable to Company and shall be subject to removal at Company’s written request, in which event Supplier shall prepare such property for shipment and shall redeliver to Company in the same condition as originally received by Supplier, reasonable wear and tear excepted, all at Supplier’s expense.

Appears in 7 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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