Common use of Removing Excluded Assets Clause in Contracts

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

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

Removing Excluded Assets. On or before the Closing Date, DMI 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 DMI Seller and CoveyLink at the Closing. Should DMI 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 DMISeller’s sole cost and expense; ; (iib) to store the Excluded Assets and to charge DMI 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 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. DMI shall promptly reimburse NEWCO for all costs and expenses incurred by NEWCO in connection with any Excluded Assets not removed by DMI on or before the Closing Date.Seller and

Removing Excluded Assets. On or before the Closing Date, DMI 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 DMI Seller at the Closing. Should DMI 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 DMI’s Seller's sole cost and expense; ; (iib) to store the Excluded Assets and to charge DMI 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 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. DMI Seller shall promptly reimburse NEWCO Buyer for all costs and expenses incurred by NEWCO Buyer in connection with any Excluded Assets not removed by DMI Seller on or before the Closing Date.