Common use of Removal of Facilities by SWBT; Notice of Intent to Remove Clause in Contracts

Removal of Facilities by SWBT; Notice of Intent to Remove. If Applicant fails to remove its facilities from SWBT’s poles, ducts, or conduits in accordance with the provisions of Sections 18.01-18.06 of this Agreement, SWBT may remove such facilities and store them at Applicant’s expense in a public warehouse or elsewhere without being deemed guilty of trespass or conversion and without becoming liable to Applicant for any injury, loss, or damage resulting from such actions. SWBT shall give Applicant not less than 60 days prior written notice of its intent to remove Applicant’s facilities pursuant to this section. The notice shall state: (a) the date when SWBT plans to commence removal of Applicant’s facilities, and that Applicant may remove the facilities at Applicant’s sole cost and expense at any time before the date specified; (b) SWBT’s plans with respect to disposition of the facilities removed; and (c) that Applicant’s failure to remove the facilities or make alternative arrangements with SWBT for removal and disposition of the facilities shall constitute an abandonment of the facilities and of any interest therein.