Common use of Removal Upon Termination Clause in Contracts

Removal Upon Termination. Within ninety (90) days of the expiration or earlier or partial termination of the Agreements (or such longer period as may be reasonably necessary to remove Pathnet's Facilities and System provided Pathnet begins removal within such ninety (90) day period and continues diligently to completion), Pathnet, at its own risk, cost and expense, shall remove all above ground Facilities, System and appurtenances from the Designated Rail Corridor, all underground Optical Fibers, and such other underground Facilities, System and appurtenances as Pathnet desires or Railroad reasonably requests so as to avoid interference with Railroad operations, and restore the Designated Rail Corridor and other affected property of Railroad to the functional or operational condition existing prior to the construction or installation of such Facilities, System and appurtenances. If Pathnet fails to timely remove the System and Facilities and restore the Designated Rail Corridor and other affected property as provided in the preceding sentence, Pathnet shall be deemed to have abandoned such Facilities and System in place, in which event such Facilities and System shall become the property of Railroad, for purposes of resale, use or operation by Railroad in any manner and for any purpose Railroad deems appropriate, in its sole discretion; or Railroad may cause such removal and restoration to be performed and all costs incurred by Railroad in such removal and restoration, together with interest thereon at the Default Rate, shall be due and payable by Pathnet to Railroad upon written demand.