Common use of Removing Excluded Assets Clause in Contracts

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the Closing. 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. Should Seller fail to remove the Excluded Assets 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.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets as required by this SectionArticle, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 equitylaw. 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.

Removing Excluded Assets. On or before Within sixty (60) days after the Closing Date, Seller shall remove all Excluded Assets (other than the Capital Charges provided for in Section 2.2 hereof) from all Facilities and other Real Property Land to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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 ClosingSeller. Should Seller fail to remove the Excluded Assets 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.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets 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.

Removing Excluded Assets. On or before the Closing DateDate (or at such later date as the parties may agree), the Seller shall remove all Excluded Assets from all Facilities and other Real Property facilities to be occupied by the Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the Closingvacate such Facilities and Real Property. Such removal and evacuation shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by the Buyer and any material disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Purchased Assets or to the Facilities facilities resulting from such removal and evacuation shall be paid by Seller at the ClosingSeller. Should the Seller fail to remove the Excluded Assets as required by this Section, the Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at the Seller's sole cost and expense; (b) to store the Excluded Assets and to charge the 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 equityAgreement. The Seller shall promptly reimburse the Buyer for all costs and expenses reasonably incurred by the Buyer in connection with any Excluded Assets not removed by the Seller on or before the Closing DateDate or other agreed upon date.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. Such removal shall be done in such a manner as to avoid any damage to the Facilities and other properties to be occupied by Buyer and any disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Purchased Assets or to the Facilities resulting from such removal shall be paid by Seller at the Closing. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 them under the laws Laws governing unclaimed property; , or (d) to exercise any other right or remedy conferred by this Agreement or otherwise available at law 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.

Removing Excluded Assets. On or before the ninetieth (90th) day after the Closing Date, Seller the Company shall remove all Excluded Assets from all Facilities facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior the Purchaser to the first anniversary extent such Excluded Assets are not to be utilized by the Purchaser for ongoing business activities performed on behalf of the ClosingCompany. Such removal shall be done in such manner as to avoid any damage to the Facilities facilities and other properties to be occupied by Buyer the Purchaser and any disruption of the Business business operations to be conducted by Buyer the Purchaser after the Closing. Any damage to the Assets or to the Facilities facilities resulting from such removal shall be paid by Seller the Company at the Closing. Should Seller the Company fail to remove the Excluded Assets as required by this Section, Buyer within thirty (30) days after receipt of written notice detailing the failure, the Purchaser shall have the right, but not the obligation, (a) to remove the Excluded Assets at Sellerthe Company's sole cost and expense; (b) to store the Excluded Assets and to charge Seller the Company 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 The Company shall promptly reimburse Buyer the Purchaser for all costs and expenses incurred by Buyer the Purchaser in connection with any Excluded Assets not removed by Seller the Company on or before the Closing Date.

Removing Excluded Assets. On or before the Closing Date, Seller Sellers shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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 Sellers at the Closing. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, : (a) to remove the Excluded Assets at Seller's Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge Seller 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. Seller Sellers shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller Sellers on or before the Closing Date.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. Such removal shall be done in such manner as {W0911334.1} to avoid any material damage to the Facilities and other properties to be occupied by Buyer and any disruption of the Business 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 ClosingClosing or as soon as reasonably discovered thereafter by Buyer. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, : (a) to remove the Excluded Assets at Seller's ’s sole cost and expense; (b) to store the Excluded Assets and to charge Seller all reasonable storage costs associated therewith; (c) to treat the Excluded Assets as unclaimed abandoned and to proceed to dispose of the same under the laws governing unclaimed abandoned 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 reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before the Closing Date.

Removing Excluded Assets. On or before Except as otherwise provided in any of the Leases, within 30 days after the Closing Date, Seller shall shall, at its sole cost and expense, remove all Excluded Assets from all Facilities and other Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 business operations to be conducted by Buyer after the Closing. Any damage to the Acquired Assets or to the Facilities resulting from such removal shall be promptly paid by Seller at the ClosingSeller. Should Seller fail to remove the Excluded Assets as required by this SectionSection 7.5, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before within 30 days of the Closing Date.. 7.5

Removing Excluded Assets. On or before the Closing Date, Seller shall be entitled to remove all any Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel recordsBuyer. If removed, which Seller shall remove prior to the first anniversary of the Closing. Such 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 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. Should Buyer and Seller fail acknowledge that certain Excluded Assets may remain on the Facilities and will remain the property of the respective owners thereof. If such Excluded Assets are owned by Seller, Buyer shall be entitled to notify Seller to remove the such Excluded Assets as required by this Sectionand if Seller fails to remove such Excluded Assets within a reasonable period of time, 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 owned by Seller and not removed by Seller on or before the Closing Datein accordance with this Section.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingPremises except for those listed on Schedule 10.8. Such removal shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by Buyer Premises and any disruption of the Business operations to be conducted by Buyer after the Closing. Any damage to the Assets or to the Facilities 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 ’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. Mx. Xxxxxxxx may keep any of the Excluded Assets listed on Schedule 10.8 on the Premises for so long as Mx. Xxxxxxxx is employed with Buyer unless otherwise provided by Buyer to Mx. Xxxxxxxx with at least thirty (30) day’s prior notice. Mx. Xxxxxxxx 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 Mx. Xxxxxxxx must bear all responsibility for any damage or loss to such assets. In addition, Mx. Xxxxxxxx acknowledges that Buyer is under no obligation to insure any such assets.

Removing Excluded Assets. On or before Within 30 days after the Closing Date, Seller shall shall, at its sole cost and expense, remove all Excluded Assets from all Facilities and other Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Acquired Assets or to the Facilities resulting from such removal shall be promptly paid by Seller at the ClosingSeller. Should Seller fail to remove the Excluded Assets as required by this SectionSection 7.6, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 within 30 days of the Closing Date.

Removing Excluded Assets. On or before Within five (5) days after the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books FindWhat and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. Such removal shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by FindWhat and Buyer and any disruption of the Business business operations to be conducted by FindWhat and Buyer after the Closing. Any damage to the Assets or to the Facilities resulting from such removal shall be paid by Seller at within five (5) days after the ClosingClosing Date. Should Seller fail to remove the Excluded Assets as required by this Section, FindWhat or 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 reasonable 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 FindWhat and Buyer for all reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before within five (5) days after the Closing Date.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

Removing Excluded Assets. On or before Within three (3) Business days after the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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 ClosingSeller. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

Removing Excluded Assets. On or before the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other the Real Property and Improvements to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 disruption of the Business business operations to be conducted by Buyer after the Closing. Any material damage to the Assets or to the Facilities resulting from such removal shall be paid by Seller at the ClosingSeller. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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; 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.

Removing Excluded Assets. On or before the Closing Date, Seller Sellers shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 or any disruption of the Business 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 Sellers at the Closing. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (ai) to remove the Excluded Assets at Seller's Sellers' sole but reasonable cost and expense; , (bii) to store the Excluded Assets and to charge Seller Sellers all reasonable and necessary storage costs associated therewith; , (ciii) to treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; , or (div) to exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equityAgreement. Seller Sellers shall promptly reimburse Buyer for all reasonable and necessary costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller Sellers on or before the Closing Date.

Removing Excluded Assets. On or before Within thirty (30) days after the Closing Date, Seller shall Sellers shall, at their sole cost and expense, remove all Excluded Assets from all Facilities and other Owned Real Property and Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 business operations to be conducted by Buyer after the Closing. Any material damage to the Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions marked [***]. Acquired Assets or to the Facilities resulting from such removal shall be paid by Seller Sellers at the Closing. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge Seller 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. Seller Sellers shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller Sellers on or before the Closing Date.

Removing Excluded Assets. On Seller shall use its best efforts to remove, on or before the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property facilities of the Business to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of after the Closing. Such removal shall be done in such manner as to avoid any damage to the Facilities such facilities and other properties to be occupied by Buyer and any disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Acquired Assets or to the Facilities such facilities resulting from such removal shall be paid by Seller at the Closing. Should Seller fail to remove the Excluded Assets as required by this Sectionprovision, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’s sole cost and expense; or (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 promptly 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.

Removing Excluded Assets. On or before Within a reasonable time following the Closing Date, Seller Sellers shall remove all Excluded Assets from all Facilities and other Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. Such removal shall be done in such manner as to avoid any damage to the Facilities Leased Real Property and other properties to be occupied by Buyer and minimize any disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Assets or to the Facilities Leased Real Property resulting from such removal shall be paid by Seller Sellers at the Closing. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge Seller 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. Seller Sellers 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 Sellers within a reasonable time following the Closing Date.

Removing Excluded Assets. On or before Within 30 days after the Closing Date, each Seller shall shall, at its sole cost and expense, remove all Excluded Assets from all Facilities and other Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the Closinga Buyer. Such removal shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by a Buyer and any disruption of the Business business operations to be conducted by such Buyer after the Closing. Any damage to the Acquired Assets or to the Facilities resulting from such removal shall be paid by Seller at the ClosingSellers forthwith. Should any Seller fail to remove the Excluded Assets as required by this Section, the applicable Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge Seller 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. Seller Sellers shall promptly reimburse Buyer Buyers for all costs and expenses incurred by any Buyer in connection with any Excluded Assets not removed by Seller on or before the Closing Date.

Removing Excluded Assets. On or before the Closing Date, Seller Sellers shall remove all Excluded Assets Assets, if any, from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingFacilities. 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 FRC Business operations to be conducted by Buyer Buyers after the Closing. Any damage to the Purchased Assets or to the Facilities resulting from such removal shall be paid by the Seller Group at the Closing. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer Buyers shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's the Seller Group’s sole cost and expense; , (b) to store the Excluded Assets and to charge the Seller Group all storage costs associated therewith; , (c) if such Excluded Assets have not been removed by the date that is sixty (60) days after the Closing Date, 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 Seller Group shall promptly reimburse Buyer Buyers for all costs and expenses incurred by Buyer Buyers in connection with any Excluded Assets not removed by Seller Sellers on or before the Closing Date.

Removing Excluded Assets. On or before the Within a reasonable time after Closing Date(and in no event later than November 30, 2003), Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingGaithersburg Facility. Such removal shall be done in such manner as to avoid any damage to the Facilities and other properties to be occupied by Buyer Gaithersburg Facility and any disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Assets or to the Facilities Gaithersburg Facility resulting from such removal shall be paid by Seller at the Closingwithin thirty (30) days after said removal. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

Removing Excluded Assets. On or before Except as otherwise provided in any of the Leases, within 30 days after the Closing Date, Seller shall shall, at its sole cost and expense, remove all Excluded Assets from all Facilities and other Leased Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 business operations to be conducted by Buyer after the Closing. Any damage to the Acquired Assets or to the Facilities resulting from such removal shall be promptly paid by Seller at the ClosingSeller. Should Seller fail to remove the Excluded Assets as required by this SectionSection 7.5, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller on or before within 30 days of the Closing Date.

Removing Excluded Assets. On or before the Closing Date, the Seller shall remove all Excluded Assets as described in Section 1.2 herein from all Facilities facilities and other Real Property real property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. Such removal shall be done in such manner as to avoid any damage to the Facilities facilities and other properties to be occupied by the Buyer and any disruption of the Business business operations to be conducted by the Buyer after the ClosingClosing Date. Any damage to the Purchased Assets or to the Facilities facilities resulting from such removal shall be paid by the Seller at the Closing. Should the Seller fail to remove the Excluded Assets as required by this Section, the Buyer shall have the right, but not the obligation, (ai) to remove the Excluded Assets at the Seller's ’s sole cost and expense; , (bii) to store the Excluded Assets and to charge the Seller all storage costs associated therewith; , (ciii) to treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the laws governing unclaimed property; , or (div) to exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. The Seller promptly shall promptly reimburse the Buyer for all costs and expenses incurred by the Buyer in connection with any Excluded Assets not removed by the Seller on or before the Closing Date.

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 other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingFacilities. 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 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. Should Seller fail to remove the Excluded Assets 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.

Removing Excluded Assets. On or before the Closing DateMarch 31, 2007, Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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 DateMarch 31, 2007.

Removing Excluded Assets. On or before Within forty-five (45) days following the Closing Date, Seller Sellers shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 disruption of the Business 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 Sellers at the ClosingClosing or as soon as reasonably discovered thereafter by Buyer. Should Seller Sellers fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, : (a) to remove the Excluded Assets at Seller's Sellers’ sole cost and expense; (b) to store the Excluded Assets and to charge Seller Sellers all reasonable storage costs associated therewith; (c) to treat the Excluded Assets as unclaimed abandoned and to proceed to dispose of the same under the {W1118977.1} laws governing unclaimed abandoned property; or (d) to exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. Seller Sellers shall promptly reimburse Buyer for all reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller Sellers on or before the Closing Date.

Removing Excluded Assets. On or before the Closing Date, Seller Selling Parties shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 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 Selling Parties at the Closing. Should Seller Selling Parties fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's Selling Parties' sole cost and expense; (b) to store the Excluded Assets and to charge Seller Selling Parties 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 the Agreement or otherwise available at law or in equity. Seller Selling Parties shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller Selling Parties on or before the Closing Date.

Removing Excluded Assets. On or before the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property (including, without limitation, the Operating Facilities and the Showroom to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to the first anniversary of the ClosingBuyer. 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 Purchased Assets or to the Facilities resulting from such removal shall be paid by Seller at the Closing. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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.

Removing Excluded Assets. On or before the Closing Date, (or at such later date as the parties may agree), the Seller shall remove all Excluded Assets from all Facilities and other Real Property facilities to be occupied by the Buyer other than minute books (the "Facilities") and personnel records, which Seller shall remove prior to vacate the first anniversary of Facilities and the ClosingProperties. Such removal and evacuation shall be done in such manner as to avoid any damage to the Facilities facilities and other properties to be occupied by the Buyer and any material disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Purchased Assets or to the Facilities facilities resulting from such removal and evacuation shall be paid by Seller at the ClosingSeller. Should the Seller fail to remove the Excluded Assets as required by this Section, the Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at the Seller's sole cost and expense; (b) to store the Excluded Assets and to charge the 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 equityAgreement. The Seller shall promptly reimburse the Buyer for all costs and expenses reasonably incurred by the Buyer in connection with any Excluded Assets not removed by the Seller on or before the Closing DateDate or other agreed upon date.

Removing Excluded Assets. On or before Not later than thirty (30) days after the Closing Date, Seller shall remove all Excluded Assets from all Facilities the Real Property. Buyer shall provide Seller and other its Representatives with reasonable access during normal business hours and upon reasonable advance notice to the Real Property to be occupied by Buyer other than minute books and personnel records, which Seller shall remove prior to effect the first anniversary removal of the Closingany Excluded Assets. 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 business operations to be conducted by Buyer after the Closing. Any Seller shall promptly reimburse Buyer for any damage to the Assets or to the Facilities Real Property resulting from such removal shall be paid by Seller at the Closingremoval. Should Seller fail to remove the Excluded Assets as required by this Section, Buyer shall have the right, but not the obligation, (a) to remove the Excluded Assets at Seller's ’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; property or (dc) 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 Dateas provided in this Section 10.5.