Common use of Customer Materials Clause in Contracts

Customer Materials. If Customer is to furnish ISU with materials to be tested or used while performing the Services (“Materials”), such Materials shall be identified in the IPA. Customer shall provide ISU, at no charge, with a sufficient quantity of the Materials to perform the Services. Customer represents and warrants that it is authorized to retain ISU to perform the Services using the Materials. Customer shall disclose in the IPA whether the Material is a hazardous substance and of any known hazards and risks associated with the Materials and whether the Material is an item on the Munitions List or the Commerce Control List other than EAR99 items. ISU shall use the Materials only as needed to provide the Services and shall not modify, alter, reverse engineer or run analytic tests to determine the composition of the Materials without Customer’s prior written permission. ISU shall not provide the Materials to a third party nor allow access to the Materials by a third party. ISU may provide the Materials to its employees and students who have a bona fide need to use the Materials in performing the Services provided that ISU requires such employees or students to abide by the terms of this Agreement. Upon completion of the Services or at Customer’s request, ISU shall destroy or return to Customer the Materials not consumed during the performance of the Services in accordance with Customer’s instructions. ISU may retain a sample of the Materials if needed to evidence its fulfillment of its contractual obligations. Unless stated otherwise in the IPA, Customer shall assume all risk of loss for the transportation of the Materials to and from ISU and shall be responsible for all delivery costs. Customer retains ownership of the Materials at all times.

Customer Materials. If Customer is to furnish ISU with materials to be tested or used while performing the Services (“Materials”), such Materials shall be identified in the IPAProject Order Form. Customer shall provide ISU, at no charge, with a sufficient quantity of the Materials to perform the Services. Customer represents and warrants that it is authorized to retain ISU to perform the Services using the Materials. Customer shall disclose in the IPA Project Order Form whether the Material is a hazardous substance and of any known hazards and risks associated with the Materials and whether the Material is an item on the Munitions List or the Commerce Control List other than EAR99 items. ISU shall use the Materials only as needed to provide the Services and shall not modify, alter, reverse engineer or run analytic tests to determine the composition of the Materials without Customer’s prior written permission. ISU shall not provide the Materials to a third party nor allow access to the Materials by a third party. ISU may provide the Materials to its employees and students who have a bona fide need to use the Materials in performing the Services provided that ISU requires such employees or students to abide by the terms of this Agreement. Upon completion of the Services or at Customer’s written request, ISU shall destroy or return to Customer the Materials not consumed during the performance of the Services in accordance with Customer’s instructions. ISU may retain a sample of the Materials if needed to evidence its fulfillment of its contractual obligations. Unless stated otherwise in the IPAProject Order Form, Customer shall assume all risk of loss for the transportation of the Materials to and from ISU and shall be responsible for all delivery costs. Customer retains ownership of the Materials at all times.

Customer Materials. If Customer is to furnish ISU with materials to be tested or used while performing the Services (“Materials”), such Materials shall be identified in the IPA. Attachment A. Customer shall provide ISU, at no charge, with a sufficient quantity of the Materials to perform the Services. Customer represents and warrants that it is authorized to retain ISU to perform the Services using the Materials. Customer shall disclose in the IPA Attachment A whether the Material is a hazardous substance and of any known hazards and risks associated with the Materials and whether the Material is an item on the Munitions List or the Commerce Control List other than EAR99 items. ISU shall use the Materials only as needed to provide the Services and shall not modify, alter, reverse engineer or run analytic tests to determine the composition of the Materials without Customer’s prior written permission. ISU shall not provide the Materials to a third party nor allow access to the Materials by a third party. ISU may provide the Materials to its employees and students who have a bona fide need to use the Materials in performing the Services provided that ISU requires such employees or students to abide by the terms of this Agreement. Upon completion of the Services or at Customer’s request, ISU shall destroy or return to Customer the Materials not consumed during the performance of the Services in accordance with Customer’s instructions. ISU may retain a sample of the Materials if needed to evidence its fulfillment of its contractual obligations. Unless stated otherwise in the IPAAttachment A, Customer shall assume all risk of loss for the transportation of the Materials to and from ISU and shall be responsible for all delivery costs. Customer retains ownership of the Materials at all times.