SuperGen Equipment Sample Clauses

SuperGen Equipment. The parties each acknowledge that SuperGen has paid for and has provided certain equipment and materials to ▇▇▇▇▇▇, which equipment and materials are identified in Exhibit D (the “SuperGen Equipment”). SuperGen shall own all right, title and interest in and to the SuperGen Equipment. These provisions shall apply to equipment purchased and provided by SuperGen to ▇▇▇▇▇▇ in the future for Processing under this Agreement. (a) ▇▇▇▇▇▇ may use the SuperGen Equipment for the sole purpose of performing its obligations under this Agreement. ▇▇▇▇▇▇ shall use the SuperGen Equipment only in accordance with instructions prescribed by SuperGen or the manufacturer of the SuperGen Equipment. ▇▇▇▇▇▇ shall only provide routine maintenance to the SuperGen Equipment in accordance with ▇▇▇▇▇▇ standard operating procedures, the manufacturer’s and SuperGen’s instructions, at no additional charge to SuperGen, during the Term. Except in connection with routine maintenance, ▇▇▇▇▇▇ shall not, without SuperGen’s written consent, make any alterations, additions or improvements to the SuperGen Equipment. All alterations, additions or improvements so approved shall become the property of SuperGen. (b) SuperGen retains title to the SuperGen Equipment. ▇▇▇▇▇▇ assumes any risk of loss, damages, theft or destruction while the SuperGen Equipment is in ▇▇▇▇▇▇’▇ possession or on ▇▇▇▇▇▇’▇ premises, except to the extent such risk of loss, damage, theft or destruction could not have been prevented by ▇▇▇▇▇▇ exercising reasonable care. (c) THE SUPERGEN EQUIPMENT IS PROVIDED AS IS. SUPERGEN MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITHOUT RESPECT TO THE SUPERGEN EQUIPMENT LOANED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.