Common use of Removing Excluded Assets Clause in Contracts

Removing Excluded Assets. Within ten (10) Business 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 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 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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. Seller shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller within ten (10) Business Days of the Closing Date.

Removing Excluded Assets. Within ten (10) Business Days after On or before the Closing Date, the Seller shall remove from the Facility and the Real Property all Excluded Assets from all Facilities as well as any assets and equipment that, as of the Effective Date, are located at the Project and are owned or leased by an Affiliate of the Project Company or some other Real Property to be occupied by Buyerthird party (“Third-Party Assets”). All Third Party Assets valued in excess of one hundred thousand U.S. dollars ($100,000) are set forth in Section 7.17 of the Seller’s Disclosure Schedule. Such removal shall be done undertaken in such manner as to avoid any damage to the Facilities Facility and other properties to be occupied by Buyer Assets and any disruption of the Business business operations to be conducted by Buyer of the Project Company after the Closing. Any The cost of any damage to the Purchased Facility or any other Assets or to the Facilities resulting from such removal shall be paid by the Seller at the Closing. Should the Seller fail to remove the Excluded Assets and Third-Party Assets as required by this SectionSection 7.17, Buyer the Purchaser shall have the right, but not the obligation, (a) to remove the Excluded Assets and Third-Party Assets at the Seller’s sole cost and expense; (b) to store the Excluded Assets and Third-Party Assets as unclaimed and to charge the Seller all storage costs associated therewith; (c) thirty (30) days after the Closing Date, to treat the Excluded Assets and Third-Party Assets, except for those Third-Party Assets owned by third parties that are not Affiliates of the Project Company, 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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. The Seller shall promptly reimburse Buyer the Purchaser for all costs and expenses incurred by Buyer the Purchaser in connection with any Excluded Assets and Third-Party Assets not removed by the Seller within ten (10) Business Days of on or before the Closing Date.

Removing Excluded Assets. Within ten (10) Business Days after 60 days following the Closing Date, Seller Sellers shall remove all Excluded Assets from all Facilities the Millersburg Facility and other Leased Real Property to be occupied by Buyer. Such removal shall be done in such manner as to avoid minimize any damage to the Facilities Millersburg Facility and other properties to be occupied by Buyer Leased Real Property and the Tangible Personal Property located at such locations and any disruption of the Business business operations to be conducted by Buyer after the Closing. Any damage to the Purchased Assets Assets, the Millersburg Facility or to the Facilities Leased Real Property resulting from such removal shall be paid by Seller at the ClosingSellers. 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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. Seller Sellers shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller within ten (10) Business Days of Sellers 60 days after the Closing Date. Within 60 days following the termination of the Transition Manufacturing Agreement, Buyer shall remove all Assets from any property owned, leased, used and/or occupied by any of the Sellers other than the Millersburg Facility and the Leased Real Property (the “Sellers’ Real Property”); provided that all Assets shall be removed from the Elko facility within 60 days after Closing. Such removal shall be done in such manner as to minimize any damage to the Sellers’ Real Property and the Tangible Personal Property located at such locations and any disruption of the business operations to be conducted by Seller after the Closing. Any damage to any of Sellers’ assets or to the Sellers’ Real Property resulting from such removal shall be paid by Buyer. Should Buyer fail to remove the Assets as required by this Section, Seller shall have the right, but not the obligation, (a) to remove the Assets at Buyer’s sole cost and expense; (b) to store the Assets and to charge Buyer all storage costs associated therewith; (c) to treat the 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. Buyer shall promptly reimburse Seller for all costs and expenses incurred by Seller in connection with any Assets not removed by Buyer 60 days after the termination of the Transition Manufacturing Agreement.

Removing Excluded Assets. Within ten (10a) Business Days after Except as set forth in Sections (b) and (c) below and subject to Sections (d) and (e) below and the Sublease Agreement, on or before the Closing Date, Seller shall remove all Excluded Assets from the Premises. (b) Subject to Sections (d) and (e) below and the Sublease Agreement, on or before May 13, 2005, Seller shall remove all Facilities and other Real Property Excluded Assets from the area of 9000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxxxx, XX known as Suite A to be occupied by Buyer. . (c) Subject to Sections (d) and (e) below and the Sublease Agreement, on or before September 30, 2005, Seller shall remove all Excluded Assets from the area of 9000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxxxx, XX known as the cell banking area to be occupied by Buyer. (d) Such removal of Excluded Assets as set forth in Sections (a), (b) and (c) above shall be done in such manner as to avoid any damage to the Facilities Premises 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 Premises 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; or (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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. Seller shall promptly reimburse Buyer for all reasonable costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller within ten on or before the Closing Date or the dates set forth in Sections (10b) Business Days and (c) above, as applicable. (e) Upon removal of the Closing DateExcluded Assets in accordance with Sections (b) and (c) above, Seller shall provide Buyer with a Quality Assurance Certificate and the supplemented Quality Assurance Package.

Removing Excluded Assets. Within ten (10) Business Days after On or before the Closing Date, Seller shall remove all Excluded Assets from all Facilities and other Real Property to be occupied by Buyerthe Premises 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 Purchased 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 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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. Seller shall promptly reimburse Buyer for all costs and expenses incurred by Buyer in connection with any Excluded Assets not removed by Seller within ten (10) Business Days of 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. Within ten (10) Business Days after On or before the Closing Date, the Seller shall remove from the Facility and the Real Property all Excluded Assets from all Facilities as well as any assets and equipment that, as of the Effective Date, are located at the Project and are owned or leased by an Affiliate of the Project Company or some other Real Property to be occupied by Buyerthird party (“Third-Party Assets”). All Third-Party Assets valued in excess of one hundred thousand U.S. dollars ($100,000) are set forth in Section 7.15 of the Seller’s Disclosure Statement. Such removal shall be done undertaken in such manner as to avoid any damage to the Facilities Facility and other properties to be occupied by Buyer Assets and any disruption of the Business business operations to be conducted by Buyer of the Project Company after the Closing. Any The cost of any damage to the Purchased Facility or any other Assets or to the Facilities resulting from such removal shall be paid by the Seller at the Closing. Should the Seller fail to remove the Excluded Assets and Third-Party Assets as required by this SectionSection 7.15, Buyer the Purchaser shall have the right, but not the obligation, (a) to remove the Excluded Assets and Third-Party Assets at the Seller’s sole cost and expense; (b) to store the Excluded Assets and Third-Party Assets as unclaimed and to charge the Seller all storage costs associated therewith; (c) thirty (30) days after the Closing Date, to treat the Excluded Assets and Third-Party Assets, except for those Third-Party Assets owned by third parties that are not Affiliates of the Project Company, 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; provided that Buyer provide written notice and fourteen (14) days for Seller to cure (by removing, relocating to an agreed-upon area until safe removal is possible, or otherwise) prior to taking such action. The Seller shall promptly reimburse Buyer the Purchaser for all costs and expenses incurred by Buyer the Purchaser in connection with any Excluded Assets and Third-Party Assets not removed by the Seller within ten (10) Business Days of on or before the Closing Date.