Common use of Tools and Fixtures Clause in Contracts

Tools and Fixtures. Aksys shall be responsible for purchasing all tooling and fixtures that are required for production of the Products (including any tooling and fixtures required due to a change to the Specifications) and which Peak does not own as of the Effective Date. All such tooling and fixtures shall be held by Peak in trust for Aksys's exclusive use in accordance with manufacturing and testing procedures established for Aksys's products only. Such tooling and fixtures shall be owned by Aksys and identified to Peak's lenders, creditors, shareholders and other third parties as Aksys assets consigned to Peak. Except for normal production maintenance, which will be the responsibility of Peak, Aksys shall be exclusively responsible for the costs to repair or replace such tooling and fixtures. Peak and Aksys shall cooperate to obtain the best available pricing for all such tooling and fixtures. Peak agrees to execute and deliver to Aksys upon request a form UCC-1 or such other documents as Aksys reasonably may request to protect its interest in such assets.

Tools and Fixtures. Aksys shall be responsible for purchasing all ------------------ tooling and fixtures that are required for production of the Products (including any tooling and fixtures required due to a change to the Specifications) and which Peak does not own as of the Effective Date. All such tooling and fixtures shall be held by Peak in trust for Aksys's exclusive use in accordance with manufacturing and testing procedures established for Aksys's products only. Such tooling and fixtures shall be owned by Aksys and identified to Peak's lenders, creditors, shareholders and other third parties as Aksys assets consigned to Peak. Except for normal production maintenance, which will be the responsibility of Peak, Aksys shall be exclusively responsible for the costs to repair or replace such tooling and fixtures. Peak and Aksys shall cooperate to obtain the best available pricing for all such tooling and fixtures. Peak agrees to execute and deliver to Aksys upon request a form UCC-1 or such other documents as Aksys reasonably may request to protect its interest in such assets.