Seller’s Equipment. Seller, at its expense, will furnish, keep in good condition, and replace when necessary all of its machinery and equipment, including related tooling, jigs, dies, gauges, fixtures, molds, patterns, fixtures and other accessories, required for the production of goods covered by this Contract (collectively, "Seller’s Equipment”). Seller will insure Seller’s Equipment with fire and extended coverage insurance for its full replacement value. Seller grants Buyer an irrevocable option to take possession of, and title to, all or part of Seller’s Equipment that is specially designed or outfitted for the production of the goods covered by this Contract, in which event Buyer will, within 45 days following delivery of such Seller’s Equipment to Buyer, pay to Seller of the lower of (i) the net book value of such Seller’s Equipment (i.e., actual cost less amortization) or (ii) then current fair market value of such Seller’s Equipment, in each case less any amounts that Buyer has previously paid to Seller on account of such Seller’s Equipment. The foregoing option will not apply to the extent that Seller’s Equipment is used to produce goods that are the standard stock of Seller and are then being sold by Seller to other customers. Buyer’s right to exercise the foregoing option is not conditioned on Seller’s breach or Buyer’s termination of this Contract or upon payment of any other amounts due under this Contract.
Seller’s Equipment. Seller shall, within thirty (30) days after the Effective Date, provide to Buyer an indicative list of Seller’s Equipment that Seller intends to use on the Site, which shall be updated from time to time during the carrying out of the Work and which shall be available for inspection by Buyer’s Representative.
Seller’s Equipment. The equipment provided by Seller (Modem/Router/EMT A, etc...) provided by Seller and located at the Buyer premise is the property of Seller and must be returned to Seller by Buyer within thirty (30) days of termination of the Service that utilizes Seller's Equipment. If the equipment is not returned within this timeframe, Xxxxx agrees to reimburse Seller for the full purchase price of the equipment as well as any attorney's fees and costs incurred by Seller related to Seller's retrieval of the equipment. Seller's equipment will be located based on the demarcation point of the Service. If a third party service is involved in providing the Service, Seller may need to move the demarcation point based on the location of third party facilities.
Seller’s Equipment. The Buyer shall promptly provide the Seller with any requested documents and information regarding a spill including the vessel’s spill contingency plan or any other applicable programme for the prevention or mitigation of pollution as required by any applicable laws or regulations.
Seller’s Equipment. Seller, at its expense, will furnish, keep in good condition, and replace when necessary all of its machinery and equipment, including related tooling, jigs, dies, gauges, fixtures, molds, patterns, fixtures and other accessories, required for the production of goods covered by this Contract (collectively, "Seller’s Equipment”). Seller will insure Seller’s Equipment with fire and extended coverage insurance for its full replacement value. Seller grants Buyer an irrevocable option to take possession of, and title to, all or part of Seller’s Equipment that is immediately upon attachment to or incorporation into Buyer’s Property. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on or in any of Buyer’s Property for work performed on, or utilizing, such property or otherwise.
Seller’s Equipment. Seller, at its expense, will furnish, keep in good condition, and replace when necessary all of its machinery and equipment, including related tooling, jigs, dies, gauges, fixtures, molds, patterns, fixtures and other accessories, required for the production of the products covered by this Contract ("Seller's Equipment"). Seller will insure Seller's Equipment with fire and extended coverage insurance for its full replacement value.
Seller’s Equipment. The Equipment of Seller is in good operating condition and repair, and is adequate for the uses to which they are being put, and none of such equipment is in need of maintenance or repairs except for ordinary, routine maintenance and repairs that are not material in nature or cost.
Seller’s Equipment. Seller shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing any and all equipment and facilities located on its property and used to extract, capture, handle, store, and/or transport the LFG from the Landfill to the Buyer’s property. Seller shall be responsible for construction and operation of an underground pipeline from the Landfill to the Facility Flow Meter along the pipeline route shown in Exhibit A. The pipeline shall be used for transferring LFG from the Landfill to the Delivery Point. Seller shall be solely responsible for maintaining the pipeline during the term of this Agreement. Seller shall be fully and solely responsible and liable for operating, maintaining, and repairing Seller’s Equipment, and shall be deemed the operator of such pipeline and equipment for purposes of the South Dakota One-Call (SDCL 49-7A). Seller shall be responsible for obtaining all permits and other authorizations relating to the construction and operation of Seller’s Equipment. Seller shall indemnify and hold Buyer harmless from and against any and all claims, actions, losses, damages, and expenses relating to or arising from Seller’s ownership, use, operating, repair, and/or maintenance of Seller’s Equipment. Buyer shall grant Seller an easement across its property from the point where the underground pipeline enters the property to the Delivery Point. Buyer shall reimburse Seller for all costs associated with the construction, maintenance, and repair of that portion of the underground pipeline located upon Buyer’s property in accordance with the following terms and conditions: · The construction cost will be based on the length of pipeline on the Buyer’s property compared to the entire pipeline length. · Annual inspection and maintenance costs for the pipeline will be based on the length of pipeline on the Buyer’s property compared to the entire pipeline length. · Repairs of the pipeline on the Buyer’s property will be paid for solely by the Buyer.
Seller’s Equipment. Buyer acknowledges that Seller is retaining, and is not selling to Buyer, those personal items of Seller's Equipment, if any, which are listed on Exhibit "A" attached hereto.
Seller’s Equipment
