Removal Upon Termination. Upon termination of this Agreement for any reason other than a material default by IXC, PSINet shall remove, at its sole expense, its fiber, POP-to-POP Interconnect Facilities and Equipment within ten (10) days following such termination. In the event PSINet fails to remove its fiber, POP-to-POP Interconnect Facilities and Equipment within such ten (10) day period, the fiber, POP-to-POP Interconnect Facilities and Equipment shall be deemed abandoned and IXC, at its sole discretion and without liability, may remove the fiber, POP-to-POP Interconnect Facilities and Equipment and be reimbursed by PSINet for all costs associated with such removal. PSINet shall make payment to IXC for any such costs within thirty days of its receipt of an invoice containing such costs. In the event this Agreement terminates due to a material default by IXC, either PSINet or IXC may remove the PSINet Equipment or POP-to-POP Interconnect Facilities at its own expense upon fifteen (15) working days written notice to the other party.
Removal Upon Termination. Upon the termination of this ------------------------ Lease or Tenant's right of possession Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property which Landlord has elected to be removed by Tenant pursuant to Section 5D, and any improvements by Tenant to any portion of the Project other than the Premises. Unless otherwise specified by Landlord at the time Landlord approves the plans for the Tenant Improvements, Tenant shall not be required to remove any of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or score any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment. Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition.
Removal Upon Termination. Upon the termination of this Lease or Tenant's right of possession Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements which Landlord elects pursuant to Section 5D shall be removed by Tenant, and any improvements to any portion of the Project other than the Premises. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment, Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition.
Removal Upon Termination. Upon expiration or early termination of this Agreement, Lessee shall have the right to remove the Telephone and/or Television Equipment and fixtures as shall have been installed, furnished and supplied by Lessee in said Equipment Room/s subject to the provisions of Paragraph 11.2 below, it being expressly understood and acknowledged by Lessor that title to and the ownership of all such equipment and fixtures shall at all times be and remain in and with Lessee, whether the same or any parts thereof be affixed to the realty or otherwise. Lessee shall repair any damage caused by the removal of its equipment and fixtures, including replacement of landscaping removed or damaged by Lessee. Under no circumstances shall Lessee remove wire in the walls, jacks in buildings or any underground wire or cable, which shall revert to Lessor upon expiration or termination of this Agreement.
Removal Upon Termination. Within ninety (90) days of the expiration or earlier or partial termination of the Agreements (or such longer period as may be reasonably necessary to remove Pathnet's Facilities and System provided Pathnet begins removal within such ninety (90) day period and continues diligently to completion), Pathnet, at its own risk, cost and expense, shall remove all above ground Facilities, System and appurtenances from the Designated Rail Corridor, all underground Optical Fibers, and such other underground Facilities, System and appurtenances as Pathnet desires or Railroad reasonably requests so as to avoid interference with Railroad operations, and restore the Designated Rail Corridor and other affected property of Railroad to the functional or operational condition existing prior to the construction or installation of such Facilities, System and appurtenances. If Pathnet fails to timely remove the System and Facilities and restore the Designated Rail Corridor and other affected property as provided in the preceding sentence, Pathnet shall be deemed to have abandoned such Facilities and System in place, in which event such Facilities and System shall become the property of Railroad, for purposes of resale, use or operation by Railroad in any manner and for any purpose Railroad deems appropriate, in its sole discretion; or Railroad may cause such removal and restoration to be performed and all costs incurred by Railroad in such removal and restoration, together with interest thereon at the Default Rate, shall be due and payable by Pathnet to Railroad upon written demand.
Removal Upon Termination. Shipper, at its own expense, shall make arrangements for the removal of its Products from the Terminal and Carrier shall remove and redeliver Shipper’s Products no later than the later of (1) the effective date of the termination or expiration of this Schedule and (2) 10 Days after receipt of Notice to terminate this Schedule in accordance with its terms, provided that Carrier may, in its sole discretion, agree in writing to extend the time for such removal (the later such date being referred to as the “Removal Deadline”). Shipper shall reimburse Carrier for any expenses incurred by Carrier in removing Shipper’s Products from the Terminal, including any expenses incurred by Carrier for cleaning, degassing or otherwise preparing the Tank(s) and the removal, processing, transportation or disposal of all waste generated from the storage of Shipper’s Products at the Terminal. If by the Removal Deadline Shipper’s Product has not been removed from the Terminal, except to the extent any delay in removal is caused by Carrier, then in addition to any other rights Carrier may have under this Schedule:
(i) Shipper shall remain obligated to perform all of the terms and conditions set forth in this Schedule;
(ii) Carrier 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, Carrier shall withhold from the proceeds therefrom all amounts owed to it hereunder and all reasonable expenses of sale (including any expenses incurred by Carrier for cleaning, degassing or otherwise preparing the Tank(s), the removal, processing, transportation or disposal of all waste generated from the storage of Shipper’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 Shipper; and
(iii) Shipper shall pay any holdover fee of $0.05 per Barrel of Product per day until all Products are removed from the Terminal.
Removal Upon Termination. As soon as reasonably practicable but in no event later than twelve (12) months following the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense,
(i) remove all improvements made by Tenant and Tenant’s personal property;
(ii) restore the soil surface of the Site to a condition reasonably similar to its original condition, provided that Tenant shall have no obligation to restore any land impacted by an act of God except with respect to land impacted by the removal of improvements made by Tenant or property placed thereon by Tenant; and
(iii) if the Generating Facility has not been removed within twelve (12) months following the expiration or earlier termination of this Lease, Tenant shall pay to Landlord holdover Rent on a pro rata basis until the Generating Facility is removed.
(iv) The obligations of this subsection 7(d) are in addition to the obligations of Tenant set forth in subsection 7(e) hereof.
Removal Upon Termination. Upon expiration or early termination of this Agreement, Lessee shall have the right to remove the Telephone and/or Television Equipment and fixtures as shall have been installed, furnished and supplied by Lessee in said leased Premises subject to the provisions of Paragraph 13.4 below, it being expressly understood and acknowledged by Lessor that title to and the ownership of all such equipment and fixtures shall at all times be and remain in and with Lessee, whether the same or any parts thereof be affixed to the realty or otherwise. Lessee shall repair any damage caused by the removal of its equipment -and fixtures, including replacement of landscaping removed or damaged by Lessee. Under no circumstances shall Lessee remove wire in the walls, jacks in buildings or any underground wire or cable. In addition, under no circumstances shall Lessee remove, by reason of termination of this Agreement, any of the Related Project Telephone and Television Equipment or any of the telephone lines or cabling employed in connection with the Related Project Telephone and Television Equipment including, without limitation, the approximately 600 pairs of telephone lines and one television cable running through the Premises for the benefit of the Related Project.
Removal Upon Termination. Upon termination of the Lease, Lessee shall, within ninety (90) days, remove its building(s), equipment, cables, fixtures, and all personal property and otherwise restore the Premises, reasonable wear and tear and casualty excepted, it being understood that WTG foundations shall be removed to at least five feet (5’) below grade and covered with topsoil, and at the request of Lessor, any access roads and crane pads will be contoured to match the surrounding terrain and seeded. Lessor agrees and acknowledges that all of the Improvements, equipment, fixtures and personal property of Lessee shall remain the property of Lessee, and Lessee shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes Lessee to remain on the Premises after the 90th day following termination of this Lease, Lessee shall pay Base Rent at the then existing monthly rate until such time as the removal of the building(s), equipment, cables, fixtures and all personal property are completed. Lessee shall be responsible to remove any hazardous materials or environmental contamination from the Premises that it caused to be located thereon.
Removal Upon Termination. Upon expiration or termination of this Agreement, Huntington shall have the right but not the obligation to remove the Equipment and other fixtures that have been installed, furnished and supplied by Huntington in the Equipment Room and Cable Areas subject to the provisions of Section 12.2 below, it being expressly understood and acknowledged by Owner that title to and the ownership of all such equipment and fixtures shall at all times be and remain in and with Huntington, whether the same or any parts thereof be affixed to the Property or otherwise. Huntington shall repair any damage caused by the removal of its equipment and fixtures, including replacement of landscaping removed or damaged by Huntington. Under no circumstances shall Huntington remove wire in the walls, jacks in buildings or any underground wire or cable, which shall become the sole property of the Owner upon expiration or termination of this Agreement.
