Removal of Excluded Assets. (i) As soon as practicable after the applicable Closing, each Buyer will remove from its Stores any exterior signs which contain Seller Marks. At a time mutually agreed to by the applicable Buyer and Seller, but no earlier than five days before, and no later than five days after, the applicable Closing Date, Seller shall use its commercially reasonable efforts to remove from the Stores any other signs, Inventory or personal property which contain any Seller Marks. Any such interior signs or personal property not removed by Seller shall be removed by the applicable Buyer at Seller’s own cost and, at Seller’s request, destroyed or returned to Seller, and Buyers shall neither use nor consent to any third party’s use of any such signs or personal property.
(ii) At a time mutually agreed to by the applicable Buyer and Seller, but no earlier than five days before, and no later than two days after, the applicable Closing Date, Seller shall, at its own cost and expense, use commercially reasonable efforts to remove any proprietary software from the POS/order entry equipment and the security and surveillance equipment and any other proprietary software from all other equipment that is included in the Purchased Assets. Seller shall conduct such removal in a workmanlike manner and shall use commercially reasonable efforts to prevent physical damage to any such equipment resulting therefrom. Seller will notify Buyers as promptly as practicable if Seller believes that any such proprietary software cannot be removed from such equipment.
(iii) At a time mutually agreed to by the applicable Buyer and Seller, but no earlier than five days before, and no later than five days after, the applicable Closing Date, Seller shall, at its sole cost and expense remove all other Excluded Assets from the Stores (other than the Drawer Cash, which shall be removed by Seller immediately prior to the applicable Closing).
(iv) Seller shall use reasonable best efforts to avoid any damage to the Stores and the Seller Real Property in connection with its removal of Excluded Assets under this Section 6.5 and, in the event of any physical damage to the Stores or the Seller Real Property caused by Seller or its representatives by virtue of the removal of Excluded Assets, Seller agrees to promptly repair any physical damage to such Stores or Seller Real Property caused by any acts of Seller or such other parties and to restore such Stores or Seller Real Property to substantially the same conditio...
Removal of Excluded Assets. Seller agrees that, prior to or within 30 days after the Closing Date, Seller will, at its expense, remove from the Real Property all Excluded Assets without causing any material interference or disruption of the business or operations of Buyer or resulting in any cost to Buyer. Seller will provide Buyer with two days notice prior to removing any Excluded Assets.
Removal of Excluded Assets. As promptly as practicable following the Closing Date (and in any event within ten (10) Business Days following Closing Date), Seller shall remove at their expense all of the Excluded Assets that are located at real property subject to an Assumed Real Property Lease. Seller shall, in connection with such removal, exercise commercially reasonable efforts to avoid damage to any of the Assets, and to the extent any of the Assets are damaged in connection with such removal, Seller shall promptly repair such damage at Seller’s sole cost and expense.
Removal of Excluded Assets. Except as otherwise noted on Schedule 1- Description of Assets or as required by the Transition Services Agreement, and except with respect to the Seller's/Affiliates' Insignia, Seller has until the expiration of ninety (90) days after the Closing Date within which to remove any of the Excluded Assets from the Real Property, and Buyer will grant Seller reasonable access to the Real Property for purposes of removing such Excluded Assets from the Real Property. Such removal shall be done in such manner as to avoid any damage to the Assets and any disruption of the business operations to be conducted by Buyer after the Closing. The reasonable costs in connection with any damage to the Assets resulting from such removal of the Excluded Assets by Seller shall be borne by Seller.
Removal of Excluded Assets. Prior to the Closing Date, the Seller and the Owners shall, and shall cause the Subsidiaries and their subsidiaries to, remove all Excluded Assets which are physically located on or in the Acquired Assets from the Acquired Assets.
Removal of Excluded Assets. On or before the expiration of the lease of the CPI Premises, as hereinafter defined, Sellers shall remove all of the Excluded Assets from all the Owned Real Property. Sellers shall conduct such removal in such a manner so as to avoid any damage to the Purchased Assets (including such Owned Real Property) and any disruption of the Business. If Sellers do not so remove the Excluded Assets, Buyer may, but is not obligated to, in good faith (a) remove some or all of the Excluded Assets at Sellers’ sole cost and expense, (b) store some or all of the Excluded Assets and charge Sellers all storage costs incurred in connection therewith, (c) after giving Sellers’ five (5) Business Days’ notice, treat some or all of the Excluded Assets as unclaimed and abandoned and proceed to dispose of the same under Applicable Law governing unclaimed and abandoned property or (d) exercise any other right or remedy conferred under this Agreement or by Applicable Law. Sellers shall promptly reimburse Buyer for all reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not so removed by Sellers on or before the Closing Date.
Removal of Excluded Assets. As soon as practical following the Closing Date, Sellers shall, at their sole cost and expense, remove all the Excluded Assets, if any, from the Facilities, and Buyers will provide Sellers with reasonable access during normal operating hours to all of the applicable Facilities for the purpose of such removal.
Removal of Excluded Assets. Prior to the Closing, the Seller shall segregate, remove or, with the written consent of the applicable Purchaser, abandon any Excluded Equipment (other than Excluded Containers, which are addressed in Section 7.16) from those assets and operations of the Seller that are to become Purchased Assets, except to the extent otherwise contemplated by any of the Enabling Agreements.
Removal of Excluded Assets. As promptly as practicable following the Closing Date (and in any event within ten (10) Business Days), Sellers shall remove at their expense all of the tangible Excluded Assets that are located at the Stores and, if requested by Sellers, Buyer shall reasonably cooperate with Sellers so that Sellers can arrange transportation of such Excluded Assets to a location designated by Sellers at Sellers’ expense.
Removal of Excluded Assets. Buyer agrees that GRMC shall have 90 days after the Closing Date to remove any of the excluded assets listed on Exhibit E from the Properties. Such removals shall be done only upon reasonable advance notice to Buyer and during normal business hours. Texaco agrees to indemnify Buyer pursuant to Section 13(b) herein for any damages caused by GRMC or its agents by or during such removals. In the event that such excluded assets are not removed during such ninety (90) day period, such excluded assets will thereafter become the property of Buyer without any adjustment to the final purchase price under this Agreement.
