Common use of Tooling and fixtures Clause in Contracts

Tooling and fixtures. 10.1 Company shall own any and all tooling, fixtures, molds, equipment, software and firmware made available to Jabil by Company, developed for or on behalf of Company, or otherwise paid for by Company (“Company Tooling”). Jabil may manufacture, have manufactured, and use the Company Tooling only to perform the Manufacturing Services under the Agreement and shall use and treat the Company Tooling with a high degree of care, and in any case no less than the same degree of care it would for its own equipment, tooling, molds or supplies. Jabil shall attach an identifying label showing Company’s ownership in a conspicuous place on each unit of Company Tooling, if possible, and shall secure and segregate the Company Tooling in such fashion to clearly identify the Company Tooling as the property of Company. Jabil shall maintain the Company Tooling, at its own expense, in efficient working order and good repair based on reasonable wear and use, and otherwise in accordance with Company’s instructions. Jabil shall keep all Company Tooling free of any Encumbrances, and shall not transfer any Company Tooling, or any rights in the Company Tooling to any Person. 10.2 Jabil shall deliver all Company Tooling to Company or Company’s designee, or at Company’s request, make available for pickup, upon the termination or expiration of this Agreement, or upon Company’s earlier request. Jabil shall execute documents and take such further action as Company shall reasonably request to protect Company’s interest in the Company Tooling. Jabil will at Company’s expense of Jabil deliver to Company any of the above mentioned tooling within fifteen (15) days upon Company’s written request. Jabil will adhere to the record keeping of Company Tools in accordance with Company requirements set forth in Section 4.4.3 or as otherwise described on Schedule 1. Jabil shall make such records available for inspection by Company or Company’s designee Jabil upon Company’s reasonable request.

Tooling and fixtures. 10.1 Company shall own any and all tooling, fixtures, molds, equipment, software and firmware made available to Jabil by Company, developed for or on behalf of Company, or otherwise paid for by Company (“Company Tooling”). Jabil may manufacture, have manufactured, and use the Company Tooling only to perform the Manufacturing Services under the Agreement and shall use and treat the Company Tooling with a high degree of care, and in any case no less than the same degree of care it would for its own equipment, tooling, molds or supplies. Jabil shall attach an identifying label showing Company’s ownership in a conspicuous place on each unit of Company Tooling, if possible, and shall secure and segregate the Company Tooling in such fashion to clearly identify the Company Tooling as the property of Company. Jabil shall maintain the Company Tooling, at its own expense, in efficient working order and good repair based on reasonable wear and use, and otherwise in accordance with Company’s instructions. Jabil shall keep all Company Tooling free of any Encumbrances, and shall not transfer any Company Tooling, or any rights in the Company Tooling to any Person. 10.2 Jabil shall deliver all Company Tooling to Company or Company’s designee, or at Company’s request, make available for pickup, upon the termination or expiration of this Agreement, or upon Company’s earlier request. Jabil shall execute documents Portions of this Exhibit were omitted and take such further action as Company shall reasonably request have been filed separately with the Secretary of the Commission pursuant to protect the Company’s interest in the Company Tooling. Jabil will at Company’s expense of Jabil deliver to Company any application requesting confidential treatment under Rule 24b‑2 of the above mentioned tooling within fifteen (15) days upon Company’s written request. Jabil will adhere to the record keeping of Company Tools in accordance with Company requirements set forth in Section 4.4.3 or as otherwise described on Schedule 1. Jabil shall make such records available for inspection by Company or Company’s designee Jabil upon Company’s reasonable requestExchange Act — [*] denotes omissions.