Common use of Removing Excluded Assets Clause in Contracts

Removing Excluded Assets. Promptly following the Closing Date, Optiant 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 Optiant. Should Optiant 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 Optiant’s sole cost and expense; (ii) store the Excluded Assets and to charge Optiant 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. Optiant shall promptly reimburse NEWCO for all costs and expenses incurred by NEWCO in connection with any Excluded Assets not removed by Optiant promptly following the Closing Date.

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

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

Removing Excluded Assets. Promptly following On or before the Closing Date, Optiant 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 OptiantDMI at the Closing. Should Optiant 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 OptiantDMI’s sole cost and expense; (ii) store the Excluded Assets and to charge Optiant DMI all storage costs associated therewith; (iii) treat the Excluded Assets as unclaimed and to proceed to dispose of the same under the Laws laws governing unclaimed property; or (iv) exercise any other right or remedy conferred by this Agreement or otherwise available at law or in equity. Optiant DMI shall promptly reimburse NEWCO for all costs and expenses incurred by NEWCO in connection with any Excluded Assets not removed by Optiant promptly following DMI on or before the Closing Date.