Common use of INSTALLATION AND REMOVAL OF EQUIPMENT Clause in Contracts

INSTALLATION AND REMOVAL OF EQUIPMENT. (1) Seller will install and procure the Equipment under Buyer's supervision. (2) Buyer may remove any portion or all of the Equipment identified as Class B on Attachment I on demand at its cost; provided, however, that Buyer will take reasonable steps to avoid disruption of Seller's normal production of the Product and provided that Buyer will repair any damage directly caused by removal of the Equipment. Upon termination for any reason of the MOA Agreement, Buyer will remove all Class B Equipment from the Plant at Buyer's expense within thirty (30) days of the date of termination. Any Equipment remaining at the Plant after the expiration of said period will be deemed abandoned by Buyer (hereinafter "Abandonment") unless an agreement to the contrary is reached between the parties. (3) In the event of Abandonment of any portion or all of the Equipment, Seller, at its sole option, may remove the abandoned Equipment at Seller's sole expense and dispose of the abandoned Equipment in any way Seller sees fit, or retain the abandoned Equipment. If Seller retains the abandoned Equipment, Seller will have free and unencumbered title to the abandoned Equipment. Buyer will not be liable for any damage caused by Seller's removal of the abandoned Equipment.

Appears in 1 contract

Sources: Equipment Amortization Agreement (Oil-Dri Corp of America)

INSTALLATION AND REMOVAL OF EQUIPMENT. (1) Seller will install and procure the Equipment under Buyer's ’s supervision. (2) Buyer may remove any portion or all of the Equipment identified as Class B on Attachment I on demand at its cost; provided, however, that Buyer will take reasonable steps to avoid disruption of Seller's ’s normal production of the Product and provided that Buyer will repair any damage directly caused by removal of the Equipment. Upon termination for any reason of the MOA Agreement, Buyer will remove all Class B Equipment from the Plant at Buyer's ’s expense within thirty (30) days of the date of termination. Any Equipment remaining at the Plant after the expiration of said period will be deemed abandoned by Buyer (hereinafter "Abandonment") unless an agreement to the contrary is reached between the parties. (3) In the event of Abandonment of any portion or all of the Equipment, Seller, at its sole option, may remove the abandoned Equipment at Seller's ’s sole expense and dispose of the abandoned Equipment in any way Seller sees fit, or retain the abandoned Equipment. If Seller retains the abandoned Equipment, Seller will have free and unencumbered title to the abandoned Equipment. Buyer will not be liable for any damage caused by Seller's ’s removal of the abandoned Equipment.

Appears in 1 contract

Sources: Equipment Amortization Agreement (Oil Dri Corp of America)