Common use of Relevant Items Clause in Contracts

Relevant Items. 10.1. This clause 10 applies to such of the Relevant Items which, at any time, are sited at the Location (and references in this clause 10 to the ‘Relevant Items’ shall be construed accordingly). 10.2. The Customer acknowledges and agrees that: 10.2.1. the Relevant Items shall be at the risk of the Customer from the time of delivery to the Location until such point as they are returned to Nviron’s possession; 10.2.2. ownership of the Relevant Items shall not pass to the Customer at any time; and 10.2.3. Nviron (and any third party with a valid interest in the Relevant Items) may at any time remove, replace, upgrade or add to the Relevant Items (provided always that this does not materially adversely affect the provision of the Services). 10.3. The Customer shall at all times: 10.3.1. hold the Relevant Items on a fiduciary basis on trust as Nviron's bailee; 10.3.2. store the Relevant Items in such a way that they remain readily identifiable as the property of Nviron or its suppliers; 10.3.3. keep the Relevant Items in good condition, in a safe and suitable location; and 10.3.4. keep the Relevant Items insured on Nviron's behalf with a reputable insurer for their full price against all risks to the reasonable satisfaction of Nviron (and promptly produce evidence of such insurance to Nviron on request). 10.4. The Customer shall not at any time without the prior written consent of Nviron: 10.4.1. use any Relevant Items for any purposes other than in accordance with the guidance or instructions of the relevant manufacturer or licensor; 10.4.2. permit any third party or any staff of the Customer to have access to, or any use of, the Relevant Items; 10.4.3. undertake or attempt to undertake any updates, repairs, alterations or maintenance to the Relevant Items; 10.4.4. sell or sub-let the Relevant Items or part with possession or control of the Relevant Items; 10.4.5. move the Relevant Items from the Location; 10.4.6. use the Relevant Items for any purposes other than as expressly approved in writing by Nviron; 10.4.7. use or attempt to use any cables, accessories or documentation supplied with or forming part of the Relevant Items for any purpose other than as part of the proper authorised use of the Relevant Items as referred to in clause 10.4.6; 10.4.8. remove, destroy, damage deface, obstruct, alter or add to: 10.4.8.1. any cables, accessories or documentation supplied with or forming part of the Relevant Items; and/or 10.4.8.2. any identifying or proprietary notices affixed to the Relevant Items (including any trade marks or trade names of Nviron or of the manufacturer or supplier of the Relevant Items); 10.4.9. do (or permit to be done) any act or thing which will or may jeopardise the right, title and/or interest of Nviron in the Relevant Items; 10.4.10. create or allow the creation of any mortgage, charge, lien or other security interest in respect of the Relevant Items; 10.4.11. suffer or permit the Relevant Items to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process; or 10.4.12. combine the Relevant Items with any other equipment or software. 10.5. The Customer grants Nviron, its suppliers, agents and representatives an irrevocable licence at any time (both during and after the term of the Agreement) to enter the Location or any of the Customer’s other premises where the Relevant Items are (or may be) located in order to inspect, access, maintain and/or remove them. 10.6. For the avoidance of doubt (but without prejudice to the generality of clause 15.5) on termination of the Agreement, howsoever caused, the Customer’s obligations and Nviron's rights contained in this clause 10 shall remain in effect.

Appears in 2 contracts

Sources: Support Services Agreement, Support Services Agreement

Relevant Items. 10.1. 10.1 This clause 10 0 applies to such of the Relevant Items which, at any time, are sited at the Location (and references in this clause 10 0 to the ‘Relevant Items’ shall be construed accordingly). 10.2. 10.2 The Customer acknowledges and agrees that: 10.2.1. 10.2.1 the Relevant Items shall be at the risk of the Customer from the time of delivery to the Location until such point as they are returned to Nviron▇▇▇▇▇▇’s possession; 10.2.2. 10.2.2 ownership of the Relevant Items shall not pass to the Customer at any time; and 10.2.3. 10.2.3 Nviron (and any third party with a valid interest in the Relevant Items) may at any time remove, replace, upgrade or add to the Relevant Items (provided always that this does not materially adversely affect the provision of the Services). 10.3. 10.3 The Customer shall at all times: 10.3.1. 10.3.1 hold the Relevant Items on a fiduciary basis on trust as Nviron▇▇▇▇▇▇'s bailee; 10.3.2. 10.3.2 store the Relevant Items in such a way that they remain readily identifiable as the property of Nviron or its suppliers; 10.3.3. 10.3.3 keep the Relevant Items in good condition, in a safe and suitable location; and 10.3.4. 10.3.4 keep the Relevant Items insured on Nviron▇▇▇▇▇▇'s behalf with a reputable insurer for their full price against all risks to the reasonable satisfaction of Nviron (and promptly produce evidence of such insurance to Nviron on request). 10.4. 10.4 The Customer shall not at any time without the prior written consent of Nviron: 10.4.1. 10.4.1 use any Relevant Items for any purposes other than in accordance with the guidance or instructions of the relevant manufacturer or licensor; 10.4.2. 10.4.2 permit any third party or any staff of the Customer to have access to, or any use of, the Relevant Items; 10.4.3. 10.4.3 undertake or attempt to undertake any updates, repairs, alterations or maintenance to the Relevant Items; 10.4.4. 10.4.4 sell or sub-let the Relevant Items or part with possession or control of the Relevant Items; 10.4.5. 10.4.5 move the Relevant Items from the Location; 10.4.6. 10.4.6 use the Relevant Items for any purposes other than as expressly approved in writing by Nviron▇▇▇▇▇▇; 10.4.7. 10.4.7 use or attempt to use any cables, accessories or documentation supplied with or forming part of the Relevant Items for any purpose other than as part of the proper authorised use of the Relevant Items as referred to in clause 10.4.6; 10.4.8. 10.4.8 remove, destroy, damage deface, obstruct, alter or add to: 10.4.8.1. 10.4.8.1 any cables, accessories or documentation supplied with or forming part of the Relevant Items; and/or 10.4.8.2. 10.4.8.2 any identifying or proprietary notices affixed to the Relevant Items (including any trade marks or trade names of Nviron or of the manufacturer or supplier of the Relevant Items); 10.4.9. 10.4.9 do (or permit to be done) any act or thing which will or may jeopardise the right, title and/or interest of Nviron in the Relevant Items; 10.4.10. 10.4.10 create or allow the creation of any mortgage, charge, lien or other security interest in respect of the Relevant Items; 10.4.11. 10.4.11 suffer or permit the Relevant Items to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process; or 10.4.12. 10.4.12 combine the Relevant Items with any other equipment or software. 10.5. 10.5 The Customer grants Nviron, its suppliers, agents and representatives an irrevocable licence at any time (both during and after the term of the Agreement) to enter the Location or any of the Customer’s other premises where the Relevant Items are (or may be) located in order to inspect, access, maintain and/or remove them. 10.6. 10.6 For the avoidance of doubt (but without prejudice to the generality of clause 15.517.6) on termination of the Agreement, howsoever caused, the Customer’s obligations and Nviron's rights contained in this clause 10 0 shall remain in effect.

Appears in 1 contract

Sources: Support Services Agreement

Relevant Items. 10.1. This clause 10 applies to such of the Relevant Items which, at any time, are sited at the Location (and references in this clause 10 to the ‘Relevant Items’ shall be construed accordingly). 10.2. The Customer acknowledges and agrees that: 10.2.1. the Relevant Items shall be at the risk of the Customer from the time of delivery to the Location until such point as they are returned to Nviron’s possession; 10.2.2. ownership of the Relevant Items shall not pass to the Customer at any time; and 10.2.3. Nviron (and any third party with a valid interest in the Relevant Items) may at any time remove, replace, upgrade or add to the Relevant Items (provided always that this does not materially adversely affect the provision of the Services). 10.3. The Customer shall at all times: 10.3.1. hold the Relevant Items on a fiduciary basis on trust as Nviron's bailee; 10.3.2. store the Relevant Items in such a way that they remain readily identifiable as the property of Nviron or its suppliers; 10.3.3. keep the Relevant Items in good condition, in a safe and suitable location; and 10.3.4. keep the Relevant Items insured on Nviron's behalf with a reputable insurer for their full price against all risks to the reasonable satisfaction of Nviron (and promptly produce evidence of such insurance to Nviron on request). 10.4. The Customer shall not at any time without the prior written consent of Nviron: 10.4.1. use any Relevant Items for any purposes other than in accordance with the guidance or instructions of the relevant manufacturer or licensor; 10.4.2. permit any third party or any staff of the Customer to have access to, or any use of, the Relevant Items; 10.4.3. undertake or attempt to undertake any updates, repairs, alterations or maintenance to the Relevant Items; 10.4.4. sell or sub-let the Relevant Items or part with possession or control of the Relevant Items; 10.4.5. move the Relevant Items from the Location; 10.4.6. use the Relevant Items for any purposes other than as expressly approved in writing by Nviron; 10.4.7. use or attempt to use any cables, accessories or documentation supplied with or forming part of the Relevant Items for any purpose other than as part of the proper authorised use of the Relevant Items as referred to in clause 10.4.6; 10.4.8. remove, destroy, damage deface, obstruct, alter or add to: 10.4.8.1. : • any cables, accessories or documentation supplied with or forming part of the Relevant Items; and/or 10.4.8.2. and/or • any identifying or proprietary notices affixed to the Relevant Items (including any trade marks or trade names of Nviron or of the manufacturer or supplier of the Relevant Items); 10.4.9. do (or permit to be done) any act or thing which will or may jeopardise the right, title and/or interest of Nviron in the Relevant Items; 10.4.10. create or allow the creation of any mortgage, charge, lien or other security interest in respect of the Relevant Items; 10.4.11. suffer or permit the Relevant Items to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process; or 10.4.12. combine the Relevant Items with any other equipment or software. 10.5. The Customer grants Nviron, its suppliers, agents and representatives an irrevocable licence at any time (both during and after the term of the Agreement) to enter the Location or any of the Customer’s other premises where the Relevant Items are (or may be) located in order to inspect, access, maintain and/or remove them. 10.6. For the avoidance of doubt (but without prejudice to the generality of clause 15.5) on termination of the Agreement, howsoever caused, the Customer’s obligations and Nviron's rights contained in this clause 10 shall remain in effect.

Appears in 1 contract

Sources: Support Services Agreement