Removing Excluded Assets Clause Samples

Removing Excluded Assets. On or before the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer. Such removal shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by Buyer and any disruption of the business operations to be conducted by Buyer after the Closing. Any damage to the Assets or to the Facilities resulting from such removal shall be paid by Seller at the Closing.

Removing Excluded Assets. On or before the Closing Date, Seller shall remove all Excluded Assets from the Premises except for those listed on Schedule 10.8. Such removal shall be done in such manner as to avoid any damage to the Premises and any disruption after the Closing. Any damage to the Assets or the Premises resulting from such removal shall be paid by Seller at the Closing. Should Seller fail to remove the Excluded Assets other than those Excluded Assets listed on Schedule 10.8, as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller’s sole cost and expense; (b) to store the Excluded Assets and to charge Seller all storage costs associated therewith; (c) to treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; or (d) to exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. Seller shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before the Closing Date. M▇. ▇▇▇▇▇▇▇▇ may keep any of the Excluded Assets listed on Schedule 10.8 on the Premises for so long as M▇. ▇▇▇▇▇▇▇▇ is employed with Buyer unless otherwise provided by Buyer to M▇. ▇▇▇▇▇▇▇▇ with at least thirty (30) day’s prior notice. M▇. ▇▇▇▇▇▇▇▇ acknowledges that the use of the Premises to store any assets, including the Excluded Assets listed on Schedule 10.8, shall be at his sole risk and that M▇. ▇▇▇▇▇▇▇▇ must bear all responsibility for any damage or loss to such assets. In addition, M▇. ▇▇▇▇▇▇▇▇ acknowledges that Buyer is under no obligation to insure any such assets.

Removing Excluded Assets. On or before the Closing Date, DMI shall remove all Excluded Assets from all facilities and other real property to be occupied by NEWCO. Such removal shall be done in such manner as to avoid any damage to the facilities and other properties to be occupied by NEWCO and any disruption of the business operations to be conducted by NEWCO after the Closing. Any damage to the Assets or to the facilities resulting from such removal shall be paid by DMI at the Closing. Should DMI fail to remove the Excluded Assets as required by this Section, NEWCO shall have the right, but not the obligation, to: (i) remove the Excluded Assets at DMI’s sole cost and expense; (ii) store the Excluded Assets and to charge DMI all storage costs associated therewith; (iii) treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; or (iv) exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. DMI shall promptly reimburse NEWCO for all costs and expenses incurred by NEWCO in connection with any Excluded Assets not removed by DMI on or before the Closing Date.

Removing Excluded Assets. Within 90 days following the Closing Date, weather permitting, the Sellers will remove all Excluded Assets, including those set forth on Schedule 2.2, from the Real Property. Such removal will be done in such manner as to avoid any material damage to the Real Property and any disruption of the business operations to be conducted by Buyers after the Closing. If the Sellers fail to remove the Excluded Assets as required by this Section 5.12, Buyers will have the right, but not the obligation, (a) to remove the Excluded Assets at the Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge the Sellers all storage costs associated therewith; (c) to treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; or (d) to exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. The Sellers will promptly reimburse Buyers for all costs and expenses incurred by Buyers in connection with any Excluded Assets not removed by the Sellers on or before the Closing Date.

Removing Excluded Assets. Promptly following Closing, but in any event within thirty (30) days following Closing, Sellers shall use their respective reasonable best efforts to remove all Excluded Assets from the Leased Real Property.

Removing Excluded Assets. Within ninety (90) days after the Closing Date, CGI shall, at its sole cost and expense, remove all Excluded Assets from all facilities and other owned real property and Leased Real Property to be occupied by the Buyer. Such removal shall be done in such manner as to avoid any damage to the facilities and other properties to be occupied by Buyer and any disruption of the business operations to be conducted by the Buyer after the Closing. Should CGI fail to remove the Excluded Assets as required by this Section, the Buyer shall have the right, but not the obligation, to (a) remove the Excluded Assets at CGI’s sole cost and expense, payable via offset against the Excess Consideration Note, if the Excluded Assets have been identified by the Buyer within sixty (60) days of the Closing; (b) store the Excluded Assets and to charge CGI all storage costs associated therewith; (c) treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; or (d) exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity.

Removing Excluded Assets. Within thirty (30) days after the Closing Date, Seller shall remove all Excluded Assets from all facilities and other real property to be occupied by Buyer. Such removal shall be done in such manner as to avoid any Material damage to the facilities and other properties to be occupied by Buyer and any Material disruption of the business operations to be conducted by Buyer after the Closing. Any Material damage to the Purchased Assets or to the facilities resulting from such removal shall be paid promptly by Seller to Buyer. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, to remove the Excluded Assets at Seller's sole reasonable cost and expense to store the Excluded Assets and to charge Seller all reasonable storage costs associated therewith. Seller shall promptly reimburse Buyer for all reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before the 30th day following the Closing Date upon presentation of reasonable evidence of same.

Removing Excluded Assets. On or before the Closing Date, Seller shall remove all Excluded Assets from the Facilities.

Removing Excluded Assets. As mutually agree, Seller shall remove all Excluded Assets from the Lab. Such removal shall be done in such manner as to minimize any damage, ordinary wear and tear excepted, to the Lab and any disruption of the business operations to be conducted by Buyer after the Closing. Buyer shall have the right to utilize the Excluded Assets until such time that Seller provided Buyer thirty (30) days prior notice that it intends to remove the Excluded Assets form the Lab. Upon receipt of the written notice from Seller, Buyer, at Buyers cost, shall promptly purge the equipment which makes up the Excluded Assets, clean and prepare the Excluded Assets for removal by Seller. Buyer shall have the Excluded Assets prepared for removal by the end of the thirty (30) day period set forth in the written notice form Seller.