Equipment Return in Lieu of Additional Payment. In lieu of any further monetary payment, and at United’s expense, United will retrieve all equipment previously delivered to, and rented by, BGC (the “Settlement Equipment Retrieval”). The Settlement Equipment Retrieval shall occur at BGC’s property, located at 1000 Xxxxxx Xxxxxx Boulevard, Grants, New Mexico 87020, not later than 10 calendar days after counsel for BGC delivers an executed copy of this Agreement to counsel for United. The equipment has not been used by BGC and is being returned to United. United agrees that it will bear all costs related to the Settlement Equipment Retrieval, and expressly waives any right to charge BGC any out-of-pocket costs, including labor, incurred by United with regard to the equipment. BGC bears no liability for any loss, damage, diminution in value, or other claim related to the equipment. Furthermore, each Parties’ representatives present at the Settlement Equipment Retrieval will confirm, in writing, that the Settlement Equipment Retrieval is complete. In good faith, the Parties shall take care to arrange and work together to effectuate the Settlement Equipment Retrieval.
