Common use of Vacating the Stores Clause in Contracts

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. The Subject to the terms of Section 6.1 hereof, Agent shall provide the Merchant with not less than 10 seven (7) days’ ' advance written notice of its intention to vacate any Store (as to each such locationStore, the “"Vacate Date”"). By On the applicable Vacate Date, the Agent shall surrender and deliver the Store premises and Store keys to the vacate in favor of Merchant or its representatives or assignee assignee, remove all Remaining Merchandise and leave such Store the Stores in “"broom clean” condition, " 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 's obligation 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, Store or (b) the 15th fifteenth (15) day of the calendar month in which the Vacate Date for such Store occurs to the extent that the Court does not approve under the Approval Order Merchant's request to limit the Merchant's obligations to pay rent under such Store leases on a per diem basis through the effective rejection date only, then with respect to the leased Store locations; provided however, to the extent applicable, during the period between the Vacate Date and the fifteenth (15th) day of the calendar month during which the Vacate Date occurs, Agent's obligation to pay Expenses shall be limited to payment of Occupancy Expenses. On or before the applicable Vacate Date, the Agent shall remove any and all banners and/or signage All assets of Merchant used by it during Agent in the conduct of the Sale Term. The Agent agrees that it (e.g. FF&E, supplies, etc.) shall be obligated returned by Agent to repair any damage caused by Merchant or left at the Agent (or any representative, agent or licensee thereof) to any Store during Stores' premises at the end of the Sale TermTerm 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. Where reference is made in this Section 6 to vacating the Stores, including without limitationsuch shall mean vacating the Stores in favor of Merchant, damage caused by installation its representatives or removal of banners and/or signage and/or removal of FF&E, ordinary wear and tear excepted, assignee 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 not mean vacating possession 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 disclaimer of persons or entities affiliated with or acting on behalf lease in favor of the Agent) any such damage landlord or owner of the Agent’s breach or failure to leave a Store in “broom clean conditionpremises.”

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 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 including, without limitation, damage caused by installation or removal of banners and/or signage and/or removal of FF&E, ordinary wear and 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.”