Common use of Failure to Remove Clause in Contracts

Failure to Remove. Before removing any of Licensee's Equipment from the Space upon termination or expiration of this Agreement, Licensee agrees on behalf of itself and its successors and assigns to provide Licensor with reasonable advance notice of its intentions to remove such equipment. In the event that Licensee fails to comply with the removal and restoration requirements of this Agreement, Licensor shall have the right, using its own personnel or a contractor, to perform such removal and restoration, and Licensee agrees to reimburse Licensor for Licensor's actual costs of such removal and restoration. In the event Licensee fails to completely remove Licensee's Equipment from the Space or fails to restore the Space as required herein, Licensee shall continue to pay the License Fee at the rate in effect during which any of Licensee’s Equipment remains in the Space or on the Premises. Whether or not any or all of Licensee's Equipment is in use or functioning shall not be considered a factor when determining Licensee's Licensee Fee payment obligations under this section.

Appears in 2 contracts

Sources: Collocation License Agreement, Collocation License Agreement