Forfeiture of CPS Energy’s Rights. Any Permit, which on its face covers Attachments that would result in forfeiture or diminution of CPS Energy’s rights (as determined by any order, decision, action, or ruling by a court or other governmental authority of competent jurisdiction), shall be deemed invalid as to such Attachments as of the date of the order, decision, action, or ruling. Further, if any of Licensee’s existing Communications Facilities, whether installed pursuant to a valid Permit or not, would cause such forfeiture or diminution (as determined by any order, decision, action, or ruling by a court or other governmental authority of competent jurisdiction), Licensee shall promptly remove its Communications Facilities upon receipt of written notice from CPS Energy of such order, decision, action, or ruling. If Licensee does not remove its Communications Facilities after the expiration of forty-five (45) calendar days from CPS Energy’s issuance of the written notice, CPS Energy will perform such removal at Licensee’s expense. If the rights of CPS Energy and/or Other Attaching Entities to occupy the real property on which CPS Energy Poles are located are terminated solely as a result of Licensee’s Unauthorized Attachment or the failure to remove Licensee’s Facilities within the 45-day period set forth in this Section 4.3, Licensee shall use best efforts to restore CPS Energy and/or other Attaching Entities to their original status before such Unauthorized Attachment was installed.
Forfeiture of CPS Energy’s Rights. Any Permit, which on its face covers Attachments that would result in forfeiture of CPS Energy’s rights (as determined by any order, decision, action, or ruling by a court or other governmental authority of competent jurisdiction), shall be deemed invalid as to such Attachments as of the date of the order, Deleted: forty-five Deleted: 45
