Common use of Tooling Contract Clause in Contracts

Tooling Contract. Seller warrants and represents that any purchase order, contract, or other agreement for the purchase, fabrication, or acquisition of the Tooling ("Tooling Contract") with the supplier of the Tooling (the "Toolmaker") will (1) direct the Toolmaker to supply the Tooling only in accordance with specifications agreed upon by Seller and Owner, including without limitation, the Tooling Authorization, (2) be subject to the prior review and approval by Owner upon request, (3) permit assignment thereof to Owner to enable Owner to exercise all rights of Seller thereunder, (4) provide that Toolmaker shall afford to Owner the rights of access to and possession of the Tooling (including all simulations, test data, and other information necessary to manufacture, install, and otherwise use such Tooling), as are set forth in Article 4 hereof, (5) name Owner as an express third-party beneficiary in the Tooling Contract, (6) provide that title to the Tooling will pass directly from Toolmaker to Owner, and (7) if the Tooling is not made in North America, provide that Seller shall be the importer of record of the Tooling.

Tooling Contract. Seller warrants and represents that any purchase order, contract, or other agreement for the purchase, fabrication, or acquisition of the Tooling ("Tooling Contract") with the supplier of the Tooling (the "Toolmaker") will (1) direct the Toolmaker to supply the Tooling only in accordance with specifications agreed upon by Seller and Owner, including without limitation, the Tooling Authorization, (2) be subject to the prior review and approval by Owner upon request, (3) permit assignment thereof to Owner to enable Owner to exercise all rights of Seller thereunder, (4) provide that Toolmaker shall afford to Owner the rights of access to and possession of the Tooling (including all simulations, test data, and other information necessary to manufacture, install, and otherwise use such Tooling), as are set forth in Article 4 hereof, (5) name Owner as an express third-party beneficiary in the Tooling Contract, (6) provide that title to the Tooling will pass directly from Toolmaker to Owner, and (7) if the Tooling is not made in North America, provide that Seller shall be the importer of record of the Tooling. 17.4 Inspection during Manufacture