Common use of Additional Personal Property Clause in Contracts

Additional Personal Property. At Purchaser's option, which may be ---------------------------- exercised by providing written notice to Seller not less than 10 days prior to the Closing Date, Seller will replace each of the assets listed on Schedule 1.01(k) with comparable used equipment of equal or better quality and include such replacement equipment in the Purchased Assets without an increase in the Net Value (as defined in section 3.03). The book value of the equipment listed on Schedule 1.01(k) shall be included in the calculation of the Net Value regardless of whether Purchaser exercises its option with respect to replacement equipment pursuant to this section 1.01(k). To the extent that any Purchased Asset is not assignable without the consent of another person or entity, and to the extent such consent is not obtained prior to Closing, this Agreement shall, subject to the rights of any such person or entity, constitute an assignment of Seller's interest in such Purchased Asset. Seller agrees, at its expense, to use its reasonable best efforts to obtain the consent of such other person or entity to the assignment of any such Purchased Asset to the Purchaser.

Additional Personal Property. At Purchaser's option, which may be ---------------------------- exercised by providing written notice to Seller not less than 10 days prior to the Closing Date, Seller will replace each of the assets listed on Schedule 1.01(k) with comparable used equipment of equal or better quality and include such replacement equipment in the Purchased Assets without an increase in the Net Value (as defined in section 3.03). The book value of the equipment listed on Schedule 1.01(k) shall be included in the calculation of the Net Value regardless of whether Purchaser exercises its option with respect to replacement equipment pursuant to this section 1.01(k). To the extent that any Purchased Asset is not assignable without the consent of another person or entity, and to the extent such consent is not obtained prior to Closing, this Agreement shall, subject to the rights of any such person or entity, constitute an assignment of Seller's interest in such Purchased Asset. Seller agrees, at its expense, to use its reasonable best efforts to obtain the consent of such other person or entity to the assignment of any such Purchased Asset to the Purchaser.