Post-Closing Delivery. Buyer and Seller acknowledge that title and risk of loss with respect to all Purchased Assets shall pass to Buyer at Closing. Buyer agrees to arrange for physical delivery of all tangible Purchased Assets to Buyer at Buyer’s sole cost and expense. To the extent that any Purchased Assets are not delivered at the Closing, Seller agrees to use commercially reasonable efforts to preserve and maintain the tangible Purchased Assets in good working condition and to protect such Purchased Assets against spoilage, deterioration and other wasting.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Syncardia Systems Inc), Asset Purchase Agreement (Syncardia Systems Inc), Asset Purchase Agreement (World Heart Corp)