Tooling and Equipment. 8. All the tooling and equipment used to manufacture the Goods that the Buyer has paid for separately, or that the Buyer has provided the Seller with are, and shall remain, the Buyer´s sole property. The Seller shall label these items so that it is evident that they belong to the Buyer and keep a record of all tooling and equipment in its possession.
Tooling and Equipment. Design, tools, jigs, dies, fixtures, templates, patterns, drawings, and other information and things paid for or furnished by or on behalf of Stryker (the “Tools”) shall be Stryker’s property and Supplier shall not encumber or dispose of them in any way. Supplier shall maintain such Tools in proper working condition. The Tools shall be used exclusively for Supplier’s performance of its obligations hereunder. In addition to the foregoing terms and conditions, the Tools and Supplier’s use thereof shall be subject to the terms and conditions set forth in Stryker’s Equipment Placement Terms (available upon request).
Tooling and Equipment. 12.1 Unless specifically agreed to the contrary in any Order all tools and equipment acquired or developed pursuant to this Contract shall be the property of Supplier.
Tooling and Equipment. Simultaneously with the execution of this Agreement, Sensata shall pay to EMS by wire transfer of immediately available funds to an account designated by EMS $1,875,000, which amount represents payment in full of the tooling and equipment of EMS’ ECS Division as detailed on Schedule 1(b) hereto (EMS shall deliver title to such tooling and equipment to Sensata as of the date hereof, free and clear of all liens, claims and encumbrances of any type). During the term of this Agreement, Sensata may physically remove any of the tooling or equipment listed on Schedule 1(b) from the ECS Division facility with the prior written consent of EMS (not to be unreasonably withheld), and EMS may remove any tooling or equipment not listed on Schedule 1(b) from the ECS Division facility with the prior written consent of Sensata (not to be unreasonably withheld). EMS shall have no liability for further production of ECS Products that may require use of any tooling or equipment removed by Sensata. In either case, the removing party shall bear all costs associated with removing any such tooling or equipment, including costs associated with restoring or repairing the building to its condition prior to such removal as a result of the removal of such tooling or equipment. At least two (2) weeks prior to the termination of this Agreement (or as soon as practicable following an immediate termination of this Agreement), Sensata shall notify EMS in writing of each specific item of tooling or equipment listed on Schedule 1(b) that it intends to physically remove from the ECS Division facility. In the event that Sensata intends to remove any such identified tooling and equipment, it will do so at its sole cost and expense, no later than thirty (30) days after the termination of this Agreement, and EMS shall grant Sensata reasonable access to the ECS Division facility to remove such tooling and equipment. With respect to (i) any tooling and equipment listed on Schedule 1(b) that Sensata notifies EMS that it does not intend to retain and remove pursuant to its notice two (2) weeks prior to termination (or as soon as practicable following an immediate termination of this Agreement); or (ii) with respect to any tooling and equipment left at EMS’ facility thirty (30) days after the termination of this Agreement, Sensata shall transfer title to such abandoned items to EMS free and clear of any liens created by Sensata, and EMS shall dispose of such tooling and equipment at its cost and expen...
Tooling and Equipment. 4.1. A list of tooling and equipment (including fixtures) needed to manufacture the MFR’s Product is listed in Addendum A. The list distinguishes between items being consigned to CM by MFR free of charge, and items to be developed by CM per quotation and Purchase Order. All tooling and equipment developed for the manufacture and testing of MFR’s Products shall be the sole and exclusive [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. property of MFR. Addendum A may be modified by mutual consent of CM and MFR to add or remove items as necessary.
Tooling and Equipment. 8. All the tooling and equipment used to manufacture the Goods that the Buyer has paid for separately, or that the Buyer has provided the Seller with are, and shall remain, the Buyer´s sole property. The Seller shall label these items so that it is evident that they belong to the Buyer and keep a record of all tooling and equipment in its possession. 9. The Seller agrees to carry out regular maintenance at its own cost in respect of the tooling and equipment paid for or provided by the Buyer so to ensure that they are kept in proper condition and to inform the Buyer promptly of any unexpected matters relating to such tooling or equipment. Buyer shall, in respect of such tooling and equipment, be responsible for adherence to industry safety legislation, to any occupational safety regulations, and to the functionality of the tooling and equipment. The Seller shall, however, inform the Buyer if the tooling and equipment need to be altered or repaired to adhere to such regulations. Repairs and replacements of parts in the tooling and equipment, including but not exclusively, due to fair wear and tear, and for the adherence to said regulations shall be paid for by the Buyer, even if such repairs and replacements take place in connection with or as a result of regular maintenance. Such repairs, replacements and/or alterations shall be separately agreed. 10. The Seller agrees to keep such tooling and equipment for a period of six (6) months from the Buyer´s last Order requiring such tooling and equipment to be utilized. The Buyer shall arrange for pick-up of such tooling and equipment, at its own expense, or pay to the Seller reasonable storage fees from the date when the aforementioned six (6) month period has passed for as long as the Seller has such tooling and equipment in its custody or a new Order (which is not insignificant) has been placed and for which such tooling and equipment can be utilized, whichever is earlier. If the Buyer opts not to, or remains silent regarding, pick-up of the tooling and equipment or does not pay for storage, the Buyer accepts that title to tooling and the equipment is automatically transferred to the Seller and that the Seller may scrap the tooling and equipment at its own discretion at Buyer´s cost. Such title transfer will occur one (1) year from the date when the last Order utilizing the tooling and equipment was placed by the Buyer. PROVISION OF SERVICES 11. The Seller undertakes to provide the Services specified in the Co...
Tooling and Equipment. Except for the Tooling and Equipment identified in Attachment B as “Client-Owned” (such Tooling and Equipment, the “Client-Owned Tooling and Equipment”), which shall at all times remain owned by Client, any and all Tooling and Equipment shall be and remain Catalent’s property and all right, title and interest in and to the Tooling and Equipment shall remain at all times with Catalent. Excluding the Client-Owned Tooling and Equipment which shall be held by Catalent at Client’s risk and shall be fully insured by Client, all other Tooling and Equipment shall be held at Catalent’s risk and shall be kept insured by Catalent. Catalent agrees to keep the Tooling and Equipment and the Client-Owned Tooling and Equipment in good and efficient working order at all times, for use in manufacturing the Products. Catalent shall be responsible, at Catalent’s expense, for routine maintenance and repair of the Tooling and Equipment; provided, however, that Client shall be responsible for reimbursing Catalent, upon invoice, for [**] all maintenance and repair of the Client-Owned Tooling and Equipment. During the Term, Catalent shall use the Client-Owned Tooling and Equipment only to Process Client’s Product, and shall not use the Client-Owned Tooling and Equipment for any other purpose without Client consent, such consent not to be unreasonably withheld, conditioned or delayed. In no event may any Client-Owned Tooling and Equipment be used for any party other than Client without Client consent, such consent not to be unreasonably withheld, conditioned or delayed.
Tooling and Equipment. 7.1 Supplier owns all Tooling used with regard to Current Products located at a Supplier facility as of the Effective Date. With regards to Current Products, Supplier shall inspect and maintain all patterns, dies, tooling, gauging and facilities necessary for the manufacture of the Current Products, irrespective of whether such tooling is owned by Cummins or Supplier and whether such tooling is standard or unique to the manufacture the Current Products. Supplier shall keep all such tooling, gauging and facilities in good working order and condition, fully covered by insurance (replacement value and cost) and free from liens and other encumbrances. Supplier shall provide Cummins with detailed descriptions of the tooling and related information to provide assurance that Supplier is utilizing tooling at world-class market levels.
Tooling and Equipment. Upon the termination or expiration of this Agreement, if the Parties mutually agree in writing, Cummins may purchase, and Supplier may agree to sell, tooling owned by Supplier and used in the manufacture of the Products.
Tooling and Equipment. All tooling and equipment used by the Supplier to manufacture the Products shall be the property of the Supplier, unless any such tooling and equipment is specifically provided by the Purchaser or purchased by the Purchaser from the Supplier over and above the Purchase Price for the Products. The agreement of the parties concerning any tooling and equipment so provided or purchased by the Purchaser shall be set forth in a separate document that is agreeable to both parties.
