TOOLING AND TEST EQUIPMENT. If the Price is stated to include jigs, dies, fixtures, patterns, or special test equipment and manufacturing aids used in manufacture of the items and drawings thereof (all hereinafter called tooling), such tooling becomes the property of Buyer or its Customer immediately upon payment thereof. Tooling shall be used only for the benefit of Buyer or any of its Customers, which have acquired the right to use such tooling. Tooling shall be kept in good condition, including necessary replacement, without expense to Buyer. Buyer shall pay for changes of design. Seller shall maintain proper property control records for such tooling and shall promptly furnish Buyer a list thereof on request. Unless otherwise directed by Xxxxx, upon completion or termination of the Order, Seller shall hold all tooling free of charge for six months subsequent to furnishing an inventory to Buyer with a request for disposition; any such tooling Buyer orders returned shall be delivered FOB Seller's facility, properly crated for domestic shipment. No crating charge is to be included in Seller's quotations unless expressly requested by Xxxxx.
TOOLING AND TEST EQUIPMENT. KMC will purchase, with LipoScience’s approval and at LipoScience’s expense in accordance with Section 10.1, or LipoScience will supply at its expense, all necessary tooling and test equipment for the build, test and delivery of the Instruments. All such tooling and test equipment paid for (or supplied) by LipoScience in accordance with the provisions of this Agreement shall remain the property of LipoScience. KMC shall safeguard and maintain such tooling and test equipment in the same manner as it does its own tooling and equipment, but not less than a reasonable manner taking into consideration the nature of the equipment, provided that LipoScience shall be responsible for payment of all maintenance beyond ordinary and routine maintenance and for refurbishment and/or replacement of such tooling and test equipment, unless such refurbishment and replacement of any tooling and test equipment is due to the negligence or intentional misconduct of KMC. All tooling and test equipment developed or owned by KMC prior to the Effective Date and all tooling and test equipment not paid for (or supplied) by LipoScience shall remain the property of KMC.
TOOLING AND TEST EQUIPMENT. All tooling and test equipment acquired or created by the Supplier in performance of the Order shall be and remain the property of the Customer unless otherwise specifically agreed between the Parties, and shall be treated by the Supplier in the same manner as is referred to in Condition 19 above.
TOOLING AND TEST EQUIPMENT. Seller at its own expense shall furnish, keep in good condition, insure and replace when necessary all tooling and other materials not used solely by Seller for the manufacture of the Products (“General Tooling”) per the terms of this Agreement. Special tooling used by Seller solely for the manufacture of the Products (“Special Tooling”) shall be owned by Buyer. Buyer shall purchase any such Special Tooling, or shall reimburse Seller in the event Seller has purchased Special Tooling at Buyer’s direction. Seller shall keep Special Tooling in good condition, normal wear and tear excepted, and shall insure, repair, and/or replace any lost or damaged Special Tooling. Upon the termination or expiration of this Agreement, Seller shall promptly ship all Special Tooling to the location designated by Buyer. Buyer may provide Seller, or instruct Seller to purchase (in which case Buyer will reimburse Seller), test equipment related to the development, testing, or manufacture of a Product (“Test Equipment”). Seller shall keep any such Test Equipment in good condition, normal wear and tear excepted, and shall insure, repair, and/or replace any lost or damaged Test Equipment. In the event Test Equipment is no longer needed for Seller to manufacture a given Product, or upon the termination or expiration of this Agreement, Seller shall promptly ship all Test Equipment to the location designated by Buyer. Seller will prepare a plan for Buyer’s approval (said approval not to be unreasonably withheld) listing the spare parts that Seller will maintain for General Tooling, Special Tooling, and Test Equipment (“Preventative Maintenance Plan”). Upon Buyer’s approval, Buyer will reimburse Seller for the Special Tooling and Test Equipment spare parts. Seller will maintain the General Tooling, Special Tooling, and Test Equipment spare parts in accordance with the terms of the Preventive Maintenance Plan. In the event Test Equipment is no longer needed for Seller to manufacture a given Product, Seller shall promptly ship the related spare parts for that Test Equipment to the location designated by Buyer. Upon the termination or expiration of this Agreement, Seller shall promptly ship all Special Tooling and Test Equipment spare parts to the location designated by Buyer.
TOOLING AND TEST EQUIPMENT. KMC will purchase, with TherOx’s approval and at TherOx’s expense, or TherOx will supply at its expense, all necessary tooling and test equipment for the build, test and delivery of the Clinical Instrument and the Instrument, including but not limited to the tooling and test equipment CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. described in the Proposal. All such tooling and test equipment paid for (or supplied) by TherOx in accordance with the provisions of this Agreement shall remain the property of TherOx. KMC shall safeguard and maintain such tooling and test equipment in the same manner as it does its own tooling and equipment, provided that TherOx shall be responsible for all maintenance beyond ordinary and routine maintenance and for refurbishment and/or replacement of such tooling and test equipment. All tooling and test equipment developed or owned by KMC prior to this Agreement and all tooling and test equipment not paid for (or supplied) by TherOx shall remain the property of KMC.
TOOLING AND TEST EQUIPMENT. The tooling, test equipment and other items identified in Exhibit I ("Tools") are property of Buyer. The parties agree to the following provisions with respect to the Tools listed under Exhibit I:
TOOLING AND TEST EQUIPMENT. All Packeteer custom tooling produced or obtained by Plexus for the Assemblies delivered hereunder will be paid for by Packeteer at prices agreed upon by the parties. Such tooling shall become and remain the property of Packeteer. If Plexus is required to obtain such custom tooling for Packeteer, Plexus agrees to invoice Packeteer for such tooling within one (1) business day of such tooling/equipment being placed into service. Packeteer may also consign tooling and/or test equipment to Plexus for the manufacture of the Assemblies. All Packeteer custom tooling and test equipment owned by Packeteer shall be used by Plexus only for the benefit of Packeteer, and shall be delivered to Packeteer upon request. Plexus will not cause to occur any lien or encumbrance on any such tooling or test equipment owned by Packeteer and in Plexus possession. Plexus will insure any Packeteer owned tooling or test equipment in Plexus’ possession at the replacement value thereof under the terms of Plexus’ then current insurance policies. Plexus shall maintain, repair, calibrate, or upgrade test equipment. Packeteer will pay for any such services on a time and materials basis subject to Plexus submitting a quotation and obtaining Packeteer’s acceptance of such quotation prior to any such services being performed with the exception of routine maintenance, which routine maintenance shall be performed by Plexus at no additional cost. Such maintenance shall be quoted by Plexus, and, if accepted by Packeteer, Packeteer shall issue a Purchase Order for such services. Replacement parts for test equipment will be charged at Plexus’ cost plus markup as specified in Addendum 1. Travel expense incurred by Plexus shall not be passed on to Packeteer unless specifically agreed upon in writing by Packeteer.If Packeteer requests the return of any tooling and/or test equipment from Plexus and the return of such tooling prevents Plexus from providing Assemblies or warranty service to Packeteer, then Plexus shall be relieved of such obligations.
TOOLING AND TEST EQUIPMENT. 5 6 The tooling and test equipment supplied by the Buyer will remain the property of Buyer. The parties agree to the following provisions with respect to the Tools:
TOOLING AND TEST EQUIPMENT. Section 2.1(a) identifies each item of tooling and test equipment including, without limitation, all manufacturing, maintenance and testing tools, dies, jigs, molds, fixtures, patterns, training devices and equipment including, without limitation, all special test equipment and all spares or replacement parts therefore, used by Seller as of the date of this Agreement primarily for the manufacture and servicing of the Products.
TOOLING AND TEST EQUIPMENT. A. Seller expressly agrees that all tools identified below are the property and assets of buyer. Seller shall not assign, lease, license, pledge, loan mortgage or otherwise part with possession or the right to posses tools. Seller shall allow no claims, encumbrances or liens with respect to tools and shall not state or imply to any third party that Seller is the owner of tools.
