Vacating the Stores. At the conclusion of the Sale, Agent agrees to leave the Stores in “broom clean” condition, ordinary wear and tear excepted, except for unsold items of FF&E and remaining Supplies(except as provided for in Section 15.9 below). Agent shall vacate the Stores on or before the Sale Termination Date, as provided for herein, at which time Agent shall surrender and deliver the Store premises and Store keys to Merchant. Agent’s obligations to pay all Expenses, including Occupancy Expenses, for each Store subject to Vacate Notice shall continue until the later of (a) the applicable vacate date for such Store, or (b) the 15th day of the calendar month in which the vacate date for such Store occurs. All assets of Merchant used by Agent in the conduct of the Sale (e.g. FF&E, etc.) shall be returned by Agent to Merchant at the end of the Sale Term to the extent the same have not been consumed in the conduct of the Sale or sold (e.g., Supplies). Agent shall be responsible for all Occupancy Expenses (irrespective of any per diem cap on Occupancy Expenses) for a Store for which Merchant is or becomes obligated resulting from Agent’s failure to vacate such Store in a timely manner.
Vacating the Stores. At the conclusion of the Sale, Agent agrees to leave the Stores in "broom clean" condition, ordinary wear and tear excepted. Agent shall vacate the Stores on or before the Sale Termination Date, at which time Agent shall surrender and deliver the Store premises and Store keys to Merchant. All assets of Merchant used by Agent in the conduct of the Sale (e.g. FF&E, supplies, etc.) shall be returned by Agent to Merchant at the end of the Sale Term to the extent the same have not been used in the conduct of the Sale or have not been otherwise disposed of through no fault of the Agent.
Vacating the Stores. The Agent shall provide the Merchant with not less than 10 days’ written notice of its intention to vacate any Store (as to each such location, the “Vacate Date”). By the applicable Vacate Date, the Agent shall surrender and deliver the Store premises and Store keys to the Merchant or its representatives or assignee and leave such Store in “broom clean” condition, ordinary wear and tear excepted. Subject to the preceding sentence, all assets of the Merchant used by the Agent in the conduct of the Sale (e.g., Supplies, FF&E, etc.) may be abandoned at the Stores at the end of the Sale Term to the extent the same have not been used or sold in the conduct of the Sale. The Agent shall be responsible for all Occupancy Expenses (irrespective of any per diem cap on Occupancy Expenses) for a Store for which the Merchant is or becomes obligated resulting from the Agent’s failure to timely vacate such Store, or any other liabilities incurred as a result of the Agent’s failure to timely vacate such Store. The Agent shall use its reasonable efforts to vacate the Stores no later than 3 days before the end of a calendar month, but in any event, the Agent’s obligations to pay all Expenses, including Occupancy Expenses, for each Store shall continue until the later of (a) the applicable Vacate Date for such Store, or, (b) the 15th day of the calendar month in which the Vacate Date for such Store occurs. On or before the applicable Vacate Date, the Agent shall remove any and all banners and/or signage used by it during the Sale Term. The Agent agrees that it shall be obligated to repair any damage caused by the Agent (or any representative, agent or licensee thereof) to any Store during the Sale Term, including without limitation, damage caused by installation or removal of banners and/or signage and/or removal of FF&E, ordinary wear and tear excepted, and shall indemnify and hold the Merchant and its officers, directors, employees, agents and representatives harmless from and against all claims, demands, penalties, losses, liability or damage, including, without limitation, reasonable attorneys’ fees and expenses, asserted directly or indirectly against the Merchant resulting from, or related to (including acts or omissions of persons or entities affiliated with or acting on behalf of the Agent) any such damage or the Agent’s breach or failure to leave a Store in “broom clean condition.”
Vacating the Stores. At the conclusion of the Store Closing Sale, Agent agrees to leave the Stores in “broom clean” condition, ordinary wear and tear excepted, except for remaining Supplies and unsold items of FF&E.
Vacating the Stores. On the Sale Termination Date, the Agent shall leave the Stores in "broom clean" condition (ordinary wear and tear excepted). All assets of Merchant used by Agent in the conduct of the Sale (e.g. FF&E, supplies, etc.) shall be returned by Agent to Merchant or left at the Stores premises at the end of the Sale Term to the extent the same have not been used in the conduct of the Sale or have not been otherwise disposed of through no fault of Agent; provided however, Agent shall remove all unsold Merchandise at the end of the Sale Term at each of the Stores and Agent shall retain title of the unsold Merchandise.
Vacating the Stores. At the conclusion of the Sale at each Store, Agent agrees to leave each Store in “broom clean” condition, ordinary wear and tear excepted, except for (i) all FF&E located in the Continuing Stores shall be left in place for the benefit the Buyer and (ii) unsold items of Designated F&E and other assets or property of the Merchant or Buyer, as applicable, which may (upon notice to the Pre-Petition Term Agent ) be abandoned by Agent in place in a neat and orderly manner pursuant to Section 7 below. Agent shall vacate each Store on or before the Sale Termination Date as provided for herein, at which time Agent shall surrender and deliver the Store premises, and Store keys, to Merchant or, in the case of the Continuing Stores, to the Buyer. Agent’s obligations to pay all Expenses for the Stores shall continue until the applicable Vacate Date for each Store.
Vacating the Stores. Subject to the terms of Section 6.1 and the HRE Negotiations, Agent shall provide Merchant, with not less than seven (7) days’ advance written notice of its intention to vacate any Store. On the Sale Termination Date, Agent shall vacate in favor of Merchant or its representatives or assignee, remove all unsold Merchandise (which shall be transferred to another Store) and leave the Stores in “broom clean” condition (ordinary wear and tear excepted). All assets of Merchant used by Agent in the conduct of the Sale (e.g., FF&E, theft sensors, supplies, etc.) shall be returned by Agent to Merchant or left at the Stores’ premises at the end of the Sale Term to the extent the same have not been used in the conduct of the Sale or have not been otherwise disposed of through no fault of Agent.
Vacating the Stores. At the conclusion of the GOB Sale, Agent agrees to leave each Store in “broom clean” condition, ordinary wear and tear excepted, except for unsold items of Owned FF&E which may be abandoned by Agent in place in a neat and orderly manner pursuant to Section 7 below. Agent shall vacate each Store on or before the Sale Termination Date as provided for herein, at which time Agent shall surrender and deliver the Store premises, and Store keys, to Merchant unless the applicable Lease is being conveyed pursuant to the Lease/Contract Designation Rights. Agent’s obligations to pay all Expenses for the Stores shall continue as provided for in Section 6.1.
Vacating the Stores. Agent shall provide Merchant with not less than seven (7) days’ advance written notice of its intention to vacate any Store. Notwithstanding the foregoing, all Stores shall be vacated on or prior to May 23, 2006 unless Merchant and Agent mutually agree otherwise. On or prior to the FF&E Sale Termination Date at each Store, Agent shall vacate in favor of Merchant or its representatives or assignee, and leave such Store in “broom clean” condition (ordinary wear and tear excepted). Subject to Section 5.3(b), all assets of Merchant used by Agent in the conduct of the Sale (e.g. FF&E, supplies, etc.) shall be returned by Agent to Merchant or left at the Stores’ premises at the end of the Sale Term to the extent the same have not been sold or used as contemplated by this Agreement in the conduct of the Sale or have not been otherwise disposed of through no fault of Agent. Agent agrees that it shall be obligated to repair any damage caused by Agent (or any representative, agent or licensee thereof) to any Store during the Sale Term, ordinary wear and tear excepted.
Vacating the Stores. Subject to any right granted to Agent to ------------------- sell or dispose of the FF&E pursuant to Section 15 below, at the end of the Sale Term in each Store and, in any event, not later than the Sale Termination Date applicable thereto, Agent agrees to leave each Store in "broom clean" condition and shall repair damage to the premises caused by removal, if any, of the FF&E by Agent or actions of Agent, ordinary wear and tear excluding. Subject to any right granted to Agent to sell or dispose of the FF&E pursuant to Section 15 below, Agent shall vacate the Stores on or before the Sale Termination Date, at which time Agent shall surrender and deliver the Store premises and Store keys to Merchant. Subject to any right granted to Agent to sell or dispose of the FF&E pursuant to Section 15 below, all assets of Merchant used by Agent in the conduct of the Sale (e.g. FF&E, Supplies, etc.) shall be returned by Agent to Merchant at the end of the Sale Term to the extent the same have not been consumed in the conduct of the Sale or have not been otherwise disposed of through no fault of the Agent.
