Failure to Remove. If Provider fails to comply with this Section 3 and remove the Solar Facility and restore the Site as required within such one-hundred and eighty (180) day period, District shall have the right, but not the obligation, to remove the Solar Facility and restore the Site itself, and shall charge Provider for the actual costs incurred by District, which costs shall include a twenty percent (20%) administrative fee. The Parties shall reasonably coordinate all such removal and pick-up activities. In the event that Provider does not remove the Solar Facility as specified herein, District shall also have the option of continuing to receive Output from the Solar Facility at no cost to District until the Solar Facility is removed by either Provider or District. This Section 3 shall not be interpreted to limit District’s other available lawful remedies.
Failure to Remove. If Global fails to remove the DP System by the date specified in Section 4.2(d) (or notifies Covanta, in writing, that Global is not interested in securing the DP System), Covanta shall be free to retain or dispose of the DP System as it sees fit without any further obligation to Global in respect thereof.
Failure to Remove. In the event, at the expiration or earlier termination of this Lease, Tenant fails to remove any trade fixtures installed by Tenant, then Landlord may remove such fixtures and recover all costs incidental to such removal from Tenant, and Landlord may dispose of such fixtures in any manner Landlord deems fit without the necessity of accounting to Tenant for the proceeds of same.
Failure to Remove. You refuse or neglect to remove an awarded Sale Lot from the ICBC Salvage Facilities within the time period specified in this Agreement; or
Failure to Remove. If all buildings and structures and related improvements are not removed as herein required, they may be removed or demolished, and the site restored by the County without further notice.
Failure to Remove. Before removing any of Licensee's Equipment from the Space upon termination or expiration of this Agreement, Licensee agrees on behalf of itself and its successors and assigns to provide Licensor with reasonable advance notice of its intentions to remove such equipment. In the event that Licensee fails to comply with the removal and restoration requirements of this Agreement, Licensor shall have the right, using its own personnel or a contractor, to perform such removal and restoration, and Licensee agrees to reimburse Licensor for Licensor's actual costs of such removal and restoration. In the event Licensee fails to completely remove Licensee's Equipment from the Space or fails to restore the Space as required herein, Licensee shall continue to pay the License Fee at the rate in effect during which any of Licensee’s Equipment remains in the Space or on the Premises. Whether or not any or all of Licensee's Equipment is in use or functioning shall not be considered a factor when determining Licensee's Licensee Fee payment obligations under this section.
Failure to Remove. If by the Removal Deadline MPC’s Products have not been removed from any Terminal, except to the extent any delay in removal is caused by Terminal Owner, then in addition to any other rights Terminal Owner may have under this Agreement:
(i) MPC shall remain obligated to perform all of the terms and conditions set forth in this Agreement as to the affected Terminal; and
(ii) Terminal Owner shall have the right to take possession of such Products and sell them in public or private sales. In the event of such a sale, Terminal Owner shall withhold from the proceeds therefrom all amounts owed to it hereunder and all reasonable expenses of sale (including any expenses incurred by Terminal Owner for cleaning, degassing or otherwise preparing the tanks, the removal, processing, transportation or disposal of all waste generated from the storage of MPC’s Products, and reasonable attorneys’ fees and any amounts necessary to discharge any and all liens against the Products). The balance of the proceeds, if any, shall be remitted to MPC.
Failure to Remove. If Tenant fails to remove any Tenant Alterations ----------------- as required by Landlord pursuant to this Section 4.4., Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within twenty (20) Business Days after Tenant's receipt of Landlord's written demand therefor.
Failure to Remove. If Company shall fail to remove any Site Equipment as requested by the City in accordance with Sections 29.1.3 and 29.1.4, the City, upon thirty (30) days prior written notice to Company, shall be entitled to remove the Site Equipment at Company’s sole cost and expense, without further notice to Company. Company shall pay to City actual costs and expenses incurred by the City in performing any removal work and any storage of Company’s property after removal within thirty (30) days of the date of a written demand for this payment from the City. City will promptly inform Company of the displacement or removal of any City Pole on which any Site Equipment is located.
Failure to Remove. If Purchaser fails to remove the Building(s) on or before December 31, 2021 (TIME BEING OF THE ESSENCE), then this Agreement may be implemented by DES using proceeds from the Performance Bond, or it may be terminated by DES by written notice delivered to Purchaser. Upon termination, ownership and possession of the Building(s) shall revert to DES and DES shall retain the Deposit and any other portion of the Purchase Price paid by Purchaser as of the date of termination; the Deposit and any other portion of the Purchase Price paid by Purchaser as of the date of termination will not be refunded. Upon termination, Purchaser shall forfeit all rights in the Building(s) and DES shall be entitled to remove, demolish, resell, or take any other action DES, in its sole discretion, deems appropriate.
