Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord’s request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant’s expense and risk. If Tenant does not pay the storage cost within five (5) days of Landlord’s request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys’ fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord’s right to sell Tenant’s personal property as permitted by law or to foreclose Landlord’s lien for unpaid rent.
Failure to Remove Property. If Tenant shall neglect to remove Tenant's personally as herein provided, Landlord shall have the right (i) to remove said property and cause it to be stored in a public warehouse or elsewhere, at the cost of and for the account of Tenant, or (ii) in the alternative, if said property shall not be removed within thirty (30) days after said termination, to dispose of said property in a manner deemed suitable to Landlord, all without service of notice or resort to legal process and without becoming liable for any loss damage which may be occasioned thereby, and any proceeds of such disposition shall be retained by Landlord without liability to Tenant, Tenant hereby waiving any interest in such proceeds.
Failure to Remove Property. If Tenant fails to remove any of its property from the Premises, Building or Property at Landlord’s request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant’s expense and risk. If Tenant does not pay the storage cost within 5 days of Landlord’s request, Landlord may follow the procedures as outlined in .
Failure to Remove Property. If Buyer fails to remove the Property from Seller’s premises (the “Premises”) in accordance with the provisions of this Agreement, Buyer’s obligations under this Agreement will be in default and Seller shall have the right to enforce any one or more of the following rights and remedies: (i) Seller may (but need not) elect to move any or all of the Property to a different site or location, at Buyer’s risk and expense, and/or to enforce any right of ejectment and/or other lawful remedy with respect to the removal of the Property from the Premises; (ii) Seller may (but need not) elect to store, insure and/or otherwise preserve any of the Property at Buyer’s risk and expense; (iii) Seller may (but need not) incur costs in connection with the exercise of any right or remedy described in this Subsection; and (iv) Seller shall have the right to recover any such costs from Buyer and Buyer hereby agrees to pay such costs. Any right or remedy described in this Subsection may be exercised and/or enforced by Seller and/or Xxxxxx’s successors in title with respect to the Premises.
Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk.
Failure to Remove Property. If Tenant fails to remove any of its property from the Premises or the Building at the termination of this Lease or when Landlord has the right of re-entry, Landlord may, at its option, remove and store the property without liability for loss thereof or damage thereto, and at Tenant's expense. If Tenant fails to pay the cost of storing Tenant's property after it has been stored for a period of 30 days or more, Landlord may, at its option, sell any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord may reasonably deem proper, without notice to Tenant, and shall apply the proceeds of such sale in the following order: (a) to sale costs, including attorneys' fees actually incurred; (b) to the payment of storage costs; (c) to the payment of any other costs or amounts which may then be or thereafter become due; and (d) the balance, if any, to Tenant.
Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord’s request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant’s expense and risk. If Tenant does not pay the storage cost within five
(i) to the expense of such sale, including reasonable attorneys’ fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord’s right to sell Tenant’s personal property as permitted by law to foreclose Landlord’s lien for unpaid rent.
Failure to Remove Property. If Subtenant fails to remove any of its property from the Premises at Sublandlord’s request following an uncured Event of Default, Sublandlord may, at its option and without notice, remove and store the property at Subtenant’s expense and risk. If Subtenant does not pay the storage cost within five (5) days of Sublandlord’s request, Sublandlord may, at its option, have any or all of such property sold at public or private sale (and Sublandlord may become a purchaser at such sale), in such manner as Sublandlord deems proper, without notice to Subtenant. Sublandlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys’ fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Sublandlord from Subtenant under any of the terms hereof; and (iv) the balance, if any, to Subtenant. Nothing in this Section shall limit Sublandlord’s right to sell Subtenant’s personal property as permitted by law to foreclose Sublandlord’s lien for unpaid rent.
Failure to Remove Property. If Licensee has failed to remove any of its property from the Licensed Space immediately following the termination or cancellation of this Agreement, then, upon five (5) days prior written notice to Licensee, Licensor may either (i) deem the property abandoned by the Licensee at which point the property would become the property of the Licensor, or (ii) demand that Licensee remove the same at Licensee’s cost and expense. If Licensor demands that Licensee remove the property pursuant to the foregoing sentence, then Licensor shall authorize Licensee reasonable access to the Leased Space for purposes of removing the property during the five (5) day period following receipt of such notice. If Licensee fails to remove its personal property from the Licensed Space during that period, Licensor may (a) discard the property or (b) remove the property as the duly authorized agent of Licensee, store the same in a storage facility and authorize the sale of the property for non-payment of storage charges, without in any manner being liable for conversion or negligence by reason of the acts of Licensor or anyone claiming under it or by reason of the negligence of any person caring for the property while in storage. Licensee shall pay to Licensor upon removal and storage, irrespective of the length of time and storage, all costs, expenses and damages actually incurred by Licensor in connection therewith; provided, however, that Licensor shall use its commercially reasonable efforts to mitigate all such costs, expenses and damages.
Failure to Remove Property. If Buyer fails to remove the Property from Tract 1 in accordance with the provisions of Subsection 4(c) above, Buyer’s obligations under this Agreement will be in default and Seller shall have the right to enforce any one or more of the following rights and remedies: (i) Seller may (but need not) elect to move any or all of the Property to a different site owned by Seller (or any other suitable location), at Buyer’s risk and expense, and/or to enforce any right of ejectment and/or other lawful remedy with respect to the removal of the Property from Tract 1; (ii) Seller may (but need not) elect to store, insure and/or otherwise preserve any of the Property at Buyer’s risk and expense; (iii) Seller may (but need not) incur costs in connection with the exercise of any right or remedy described in this Subsection 4(d); and (iv) Seller shall have the right to recover any such costs from Buyer and Buyer hereby agrees to pay such costs. Any right or remedy described in this Subsection 4(d) may be exercised and/or enforced by Seller and/or Seller’s successors in title with respect to Tract 1.
