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subsequently arising under the same or similar clause. Any attempt by Seller to limit Buyer's warranties, remedies or the
amount and types of damages that Buyer may seek shall be null and void.
10. TOOLS, BAILED PROPERTY. All supplies, materials, tools, jigs, dies, gauges, fixtures, molds,
patterns, equipment, ancillary products and other items furnished by Buyer ("Tools"), to Seller to perform this Agreement,
or for which Seller has been reimbursed by Buyer, shall be and remain the property of Buyer. Seller shall bear the risk of
loss of and damage to Buyer's property. Buyer's property (a) shall at all times be properly housed and maintained by
Seller, (b) shall not be used by Seller for any purpose other than the performance of this Agreement, (c) shall be deemed
to be personal property, not a fixture, (d) shall be conspicuously identified as property of Buyer, with specific reference to
Buyer’s indemnity and relevant part numbers, (e) shall not be commingled with the property of Seller or with that of a
third party, and (f) shall not be moved from Seller's premises without Buyer's prior written approval. Upon the request of
Buyer, such property immediately shall be released to Buyer or delivered to Buyer by Seller, either (a) F.O.B. transport
equipment at Seller's plant, properly packed and marked in accordance with the requirements of the carrier selected by
Buyer to transport such property, or (b) to any location designated by Buyer, in which event Buyer shall pay Seller the
reasonable cost of delivering such property to such location. Buyer shall have the right to enter onto Seller's premises at
all reasonable times to inspect such property and Seller's records with respect to the property. Unless otherwise agreed by
Buyer, Seller at its own expense shall furnish, keep in good condition, and replace when necessary all Tools. Seller shall
insure the Tools with full fire and extended coverage insurance for replacement value. Buyer does not guarantee the
accuracy of any tooling or dies or the availability or suitability of any supplies or material furnished by it. Seller agrees
carefully to check and approve all tooling, dies or materials supplied by Buyer prior to using it. Seller shall assume all
risk of death or injury to persons or damage to property arising from use of tools, dies or materials supplied by Buyer.
11. LABOR DISPUTES. Seller shall notify Buyer of any actual or potential labor dispute delaying or
threatening to delay timely performance of this Agreement. Seller shall notify Buyer in writing six months in advance of
the expiration of any current labor contracts. At Buyer's request, Seller shall deliver a supply of finished goods at least 30
days prior to the expiration of any such labor contract, in quantities and for storage at sites designated by Buyer.
12. INGREDIENTS DISCLOSURE. If any of the items ordered constitute or contain "hazardous or toxic
chemicals" or "hazardous substances" or flammable or hazardous "petroleum products" as defined by any applicable
Federal, State or local law, rule or regulation, Seller shall provide at the time of delivery all required notices and
information, including without limitation, notices and information for OSHA, MSHA and Material Safety Data Sheets.
Seller agrees to maintain such information current and shall provide Buyer with any amended, altered or revised
information on a timely basis. Seller warrants that the goods supplied under this Agreement do not contain any substance
whose use is prohibited under Federal, State, or local law, including, but not limited to the Clean Air Act, the Toxic
Substance Control Act, or the Federal Insecticide Fungicide and Rodenticide Act, and that any applicable requirements
under these laws have been satisfied by Seller.
If requested by Buyer, Seller shall promptly furnish to Buyer in such form and detail as Buyer may direct: (a) a
list of all ingredients in the goods purchased; (b) the amount of one or more ingredients; and (c) information concerning
any changes in or additions to such ingredients. Prior to and with the shipment of the goods purchased, Seller agrees to
furnish to Buyer sufficient warning and notice in writing (including appropriate placarding and labels on goods,
containers, packing and vehicles used for shipment) of any "hazardous substance" which is an ingredient or a part of any
of the goods, together with such special handling instructions as may be necessary to advise Buyer and third parties,
including transportation carriers and Buyer's employees, as to the degree of care and precaution that will best prevent
bodily injury or property damage in the handling, transportation, processing, use, recycling or disposal of the goods.
13. INFORMATION AND DATA
A. Seller will furnish to Buyer, or another party designated by Buyer, without restrictions on use or
disclosure, all information and data Seller acquires or develops in the course of Seller’s activities under this Agreement.
At Buyer’s request, Seller also will discuss with Buyer or another party designated by Buyer, without restrictions on use
or disclosure, any potential design, quality or manufacturing problems or any issues experienced by Buyer relative to the
goods or Buyer’s use of the goods, including, without limitation, issues involving design, quality, functionality, interface
or integration functionality, application or manufacturing.