SUCH CONSENT FROM THE
OTHER CUSTOMER, THE VENDOR SHALL PROVIDE REASONABLE INFORMATION AND SUFFICIENT
NOTICE OF ANY VENDOR DEVELOPMENT FUNDED IN WHOLE OR IN PART BY ANY OTHER
CUSTOMER PRIOR TO INITIATING SUCH VENDOR DEVELOPMENT. RELIANCE SHALL THEREAFTER
AND, AT ITS OWN DISCRETION, HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO
PARTICIPATE IN SUCH VENDOR DEVELOPMENT ON SUCH TERMS AS MAY MUTUALLY BE AGREED
BY AND BETWEEN RELIANCE, VENDOR AND SUCH OTHER CUSTOMERS.
(D)
THE VENDOR SHALL PROVIDE RELIANCE, THROUGH THE DEVELOPMENT
COMMITTEE OR RELIANCE'S DESIGNATED REPRESENTATIVE, WITH REASONABLE PRIOR NOTICE
OF ANY VENDOR DEVELOPMENTS RELEVANT TO ANY PRODUCTS,
[***]; PROVIDED, THAT (I)
ANY SUCH NOTICE PURSUANT TO THIS SECTION 3.8.2 NEED NOT INCLUDE ANY INFORMATION
ORIGINATED BY ANY OTHER CUSTOMER THAT IS PROPRIETARY TO SUCH OTHER CUSTOMER; AND
(II) VENDOR SHALL NOT BE OBLIGATED TO ISSUE ANY SUCH NOTICE WITH REGARD TO ANY
VENDOR DEVELOPMENT IN WHICH RELIANCE DECIDES NOT TO PARTICIPATE. FOR THE
33
PURPOSES OF THIS SECTION 3.8.2, THE TERM "VENDOR" INCLUDES THE VENDOR AND
VENDOR'S AFFILIATES AND SUBSIDIARIES.
[***].
(E)
RELIANCE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO WITNESS AND/OR
PARTICIPATE IN VENDOR'S DEMONSTRATION LABORATORY AND ANY DEMONSTRATION TESTING
AND/OR APPLICATION OF ANY VENDOR DEVELOPMENT OTHER THAN DEVELOPMENTS THAT ARE
[***]
THE VENDOR SHALL PROVIDE RELIANCE AT LEAST [***] PRIOR NOTICE OF THE
AVAILABILITY OF SUCH DEMONSTRATION FACILITIES OR TESTING, AND UPON RELIANCE'S
REASONABLE WRITTEN REQUEST, THE VENDOR SHALL ALLOW RELIANCE TO PARTICIPATE IN
SUCH DEMONSTRATION TESTING AT VENDOR'S RELEVANT FACILITIES UPON TERMS REASONABLY
ACCEPTABLE TO THE PARTIES AT SUCH TIME.
(F)
RELIANCE SHALL BE ENTITLED TO OBSERVE THE VENDOR'S OR VENDOR'S
AFFILIATES' PRODUCT DEVELOPMENT AND TESTING ACTIVITIES PURSUANT TO AND RELATABLE
TO THE DOCUMENTS.
3.8.3
SAFETY.
(A)
THE VENDOR SHALL IMMEDIATELY NOTIFY RELIANCE BY TELEPHONE
(FOLLOWED BY WRITTEN CONFIRMATION WITHIN NO MORE THAN [***] OF SUCH TELEPHONE
CALL) IF ANY GOODS PURCHASED OR MATERIALS USED FAIL TO COMPLY WITH APPLICABLE
SAFETY RULES OR STANDARDS OR CONTAIN A DEFECT THAT PRESENTS A SUBSTANTIAL RISK
TO THE PUBLIC HEALTH OR INJURY TO THE PUBLIC OR THE ENVIRONMENT, WHETHER BY
ITSELF OR WHEN USED BY RELIANCE OR ANY OF ITS AFFILIATES FOR ITS INTENDED
PURPOSE.
(B)
TO THE EXTENT THE VENDOR IS IN CONTROL OF ANY NETWORK LOCATION OR
VENDOR-CONTROLLED LOCATION, THE VENDOR SHALL BE SOLELY RESPONSIBLE FOR
INITIATING, MAINTAINING, AND SUPERVISING ALL SAFETY PRECAUTIONS AND PROGRAMS IN
CONNECTION WITH ALL SUCH VENDOR-CONTROLLED LOCATIONS.
IN ALL EVENTS, THE VENDOR
SHALL COMPLY WITH APPLICABLE LAWS, STANDARDS AND THE SPECIFICATIONS BEARING ON
SAFETY OF PERSONS OR PROPERTY OR PROTECTION AGAINST INJURY, DAMAGES OR LOSS.
THE VENDOR SHALL PROVIDE A WRITTEN REPORT TO RELIANCE DESCRIBING FULLY ALL
INCIDENTS AFFECTING SAFETY ON ANY VENDOR-CONTROLLED LOCATION AND SHALL ALSO
FURNISH TO RELIANCE COPIES OF ALL REPORTS THAT ARE PROVIDED TO ANY GOVERNMENTAL
ENTITY.
(C)
IF ANY WORK UNDER THE DOCUMENTS INVOLVES PRODUCTS OR SERVICES ON
RELIANCE'S, ITS CUSTOMERS' OR THE RELIANCE AFFILIATES' PREMISES, THE VENDOR
SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT INJURY TO PERSONS OR PROPERTY DURING
THE WORK AND ADHERE