Examples of Voghera Assets in a sentence
Prior to the Transfer Date, representatives of Purchaser may, at their own expense, during normal business hours and upon reasonable notice, inspect the Voghera Assets and have access to the employees whose primary responsibilities relate to the Voghera Assets; provided, that a representative of Supplier shall be present at all such times; and, provided, further, that no exercise of such inspection shall materially interfere with the normal operation of the Voghera Assets or the business of Supplier.
During the Term, Purchaser assigns to Supplier, and Supplier may have the benefit of any and all manufacturers’ warranties, service agreements and patent indemnities (copies of same to be provided to Supplier), if any, with respect to the Voghera Assets, to the extent assignable by Purchaser, until they are removed by Purchaser.
If the Voghera Assets shall not be removed on or prior to the Transfer Date, Purchaser shall reimburse Supplier all costs and expenses incurred by Supplier on account of maintaining and storing the Voghera Assets at the Voghera Facility, and any other incidental, consequential or other damages or losses incurred by Supplier as a result of such non-removal until Purchaser removes the Voghera Assets.
Notwithstanding the preceding sentence or anything else in this Agreement to the contrary, Supplier shall have no responsibilities or obligations of any kind, including, without limitation, as to operation, storage, insurance or maintenance, with respect to the Voghera Assets after the Transfer Date.
Consideration for the lease of Voghera Assets from Purchaser to Supplier for the Term is incorporated in the prices for Existing PET Preforms included in Schedule A and will be included in the prices for any New PET Preforms.
During the Term, Supplier shall perform all maintenance reasonably required to keep the Voghera Assets in good operating order, repair, condition and appearance and in accordance with normal industry standards, normal wear and tear and impairments of value excepted.
Purchaser covenants with Supplier that Supplier and its Affiliates will enjoy quiet possession of the Voghera Assets and the right to use the Voghera Assets free from claims of persons in possession and third parties claiming rights thereto.
If Purchaser does not consent to, or agree to reimburse Supplier for any such capital expenditures, neither Supplier nor any of its Affiliates shall have any obligation to make such capital expenditures and none of them shall be liable for any interruptions or deficiencies if the supply of PET Preforms under this Agreement, any deterioration of the Voghera Assets or any other liability, arising out of or resulting from the failure to make any such capital expenditure.
Supplier shall maintain adequate insurance with respect to the Voghera Assets insuring against such risks customarily insured against in accordance with Supplier’s practice until their removal from the Voghera Facility by Purchaser in accordance with Section 5.1 or until 90 days after the Term, whichever is earlier.
The Voghera Assets shall remain at the Voghera Facility and Supplier shall, subject to the terms and conditions set forth in this Article V, lease the Voghera Assets from Purchaser for the Term (the “Lease”).