Common use of Forfeiture of CPS Energy’s Rights Clause in Contracts

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 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 Oher 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 all commercially reasonable 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 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 a Wireless Installation 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 Wireless Installation as of the installation date of the Wireless Installation referenced by such order, decision, action, or ruling. Further, if any of Licensee’s existing Communications FacilitiesWireless Installations, 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 Wireless Installations upon receipt of written notice from CPS Energy of such order, decision, action, or ruling. If Licensee does not remove its Communications Facilities Wireless Installations after the expiration of forty-forty- five (45) calendar days from CPS Energy’s issuance of the written notice, CPS Energy will perform such removal at Licensee’s expenseexpense redeemable from Licensee’s performance bond. If the rights of CPS Energy and/or Other Energy, or other Attaching Entities Entities, to occupy the real property on which CPS Energy Poles or Streetlight Poles are located are terminated solely as a result of Licensee’s Unauthorized Attachment Wireless Installations or the failure to remove Licensee’s Facilities Wireless Installations within the 45-day period set forth in this Section 4.3, Licensee shall use best efforts to restore CPS Energy and/or or other Attaching Entities to their original status before such Unauthorized Attachment Wireless Installation was installed.

Forfeiture of CPS Energy’s Rights. Any Permit, which on its face covers Attachments a Wireless Installation 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 installation date of the Wireless Installation referenced by such order, decision, action, or ruling. Further, if any of Licensee’s existing Communications FacilitiesFacilities or Wireless Installations, 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 or Wireless Installations upon receipt of written notice from CPS Energy of such order, decision, action, or ruling. If Licensee does not remove its Communications Facilities or Wireless Installations 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 expenseexpense redeemable from License’s performance bond. If the rights of CPS Energy and/or Other Energy, or other Attaching Entities Entities, to occupy the real property on which CPS Energy Poles or Streetlight Poles are located are terminated solely as a result of Licensee’s Unauthorized Attachment Wireless Installation(s) or the failure to remove Licensee’s Communications Facilities or Wireless Installations within the 45-day period set forth in this Section 4.3, Licensee shall use best efforts to restore CPS Energy and/or or other Attaching Entities to their original status before such Unauthorized Attachment Wireless Installation was installed.

Forfeiture of CPS Energy’s Rights. Any Permit, which on its face covers Attachments a Wireless Installation 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 Wireless Installation as of the installation date of the Wireless Installation referenced by such order, decision, action, or ruling. Further, if any of Licensee’s existing Communications FacilitiesWireless Installations, 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 Wireless Installations upon receipt of written notice from CPS Energy of such order, decision, action, or ruling. If Licensee does not remove its Communications Facilities Wireless Installations after the expiration of forty-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 Energy, Other Attaching Entities Entities, or other owners of Wireless Installations to occupy the real property on which CPS Energy Poles or Streetlight Poles are located are terminated solely as a result of Licensee’s Unauthorized Attachment Wireless Installations or the failure to remove Licensee’s Facilities Wireless Installations within the 45-day period set forth in this Section 4.3, Licensee shall use best efforts to restore CPS Energy and/or or other Attaching Entities or Wireless Installation owners to their original status before such Unauthorized Attachment Wireless Installation was installed.

Forfeiture of CPS Energy’s Rights. Any Permit, which on its face covers Attachments a Wireless Installation 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 installation date of the Wireless Installation referenced by such order, decision, action, or ruling. Further, if any of Licensee’s existing Communications FacilitiesFacilities or Wireless Installations, 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 or Wireless Installations upon receipt of written notice from CPS Energy of such order, decision, action, or ruling. If Licensee does not remove its Communications Facilities or Wireless Installations 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 Energy, Other Attaching Entities Entities, or other owners of Wireless Installations to occupy the real property on which CPS Energy Poles or Streetlight Poles are located are terminated solely as a result of Licensee’s Unauthorized Attachment Wireless Installation(s) or the failure to remove Licensee’s Communications Facilities or Wireless Installations within the 45-day period set forth in this Section 4.3, Licensee shall use best efforts to restore CPS Energy and/or or other Attaching Entities or Wireless Installation owners to their original status before such Unauthorized Attachment Wireless Installation was installed.

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 all commercially reasonablebest efforts to restore CPS Energy and/or other Attaching Entities to their original status before such Unauthorized Attachment was installed.