Common use of Removal of System Clause in Contracts

Removal of System. 13.1. System Removal Licensee shall, at its sole cost, during the summer period between the end of the spring semester and the start of the fall semester as per the Academic Calendar posted on the University official website after the expiration or any earlier termination of this Agreement, remove the System from the Licensed Area and Site, return the Licensed Area and Site to its pre-installation condition except for ordinary wear and tear and peaceably and quietly leave, surrender and yield the Licensed Area to Trustees; provided that, if the expiration or any earlier termination occurs less than sixty (60) days prior to end of the then-applicable spring semester, then Licensee’s obligation to remove the System shall be during the summer period in the following calendar year. In no case shall Licensee’s removal of the System damage the Licensed Area or Site. Notwithstanding the foregoing, Trustees may, within their sole discretion, grant Licensee access to the Licensed Area and the Site, as contemplated and for the purposes specified in this section, prior to the end of the then-applicable spring semester, provided that such access shall not interfere with Trustees’ normal operation and use of the Site. Trustees may also, within their sole discretion, extend the time allowable for Licensee to vacate the Licensed Area and remove the System upon written request by Licensee within the otherwise applicable time period for removal. Upon completion of Licensee’s removal of the System and completion of any necessary repairs, Trustees shall inspect the Site and Licensed Area to determine that the Site and Licensed Area were left in accordance with this section. If Trustees determine that Licensee has not removed the System or repaired damage in an adequate or timely manner in accordance with this section, Trustees shall have the right to draw on any and all security as specified in Section 13.2. During such removal time period for purposes of Licensee being able to meet the removal and restoration requirements provided by this section, Trustees shall grant to Licensee, any Affiliate of Licensee, and any other entity designated thereby by Licensee that is involved or intends to be involved in meeting the removal and restoration requirements required by this section, an assignable, non-exclusive easement or license on, under, over and across the University premises, for access to and from, and ingress to and egress from, the Licensed Area and Site. Among other things, such access easement or license shall contain all of the rights and privileges for access, ingress, egress and roads as are set forth in this Agreement.