Common use of Removal to Avoid Forfeiture Clause in Contracts

Removal to Avoid Forfeiture. If the presence of Applicant’s facilities on SWBT’s poles or in SWBT’s ducts, conduits, or rights-of-way would cause a forfeiture of the rights of SWBT to occupy the property where such pole, duct, conduit, or right-of-way is located, SWBT will promptly notify Applicant in writing and Applicant shall not, without due cause and justification, refuse to remove its facilities within such time as may be required to prevent such forfeiture. SWBT will give Applicant not less than 60 days from the date of notice to remove Applicant’s facilities unless prior removal is required to prevent the forfeiture of SWBT’s rights. At Applicant’s request, the parties will engage in good faith negotiations with each other, with joint users, and with third-party property owners and cooperatively take such other steps as may be necessary to avoid the unnecessary removal of Applicant’s facilities in the face of a threatened forfeiture.

Removal to Avoid Forfeiture. If the presence of Applicant’s facilities on SWBT’s poles or in SWBT’s ducts, conduits, or rights-of-way would cause a forfeiture of the rights of SWBT to occupy the property where such pole, duct, conduit, or right-of-of- way is located, SWBT will promptly notify Applicant in writing and Applicant shall not, without due cause and justification, refuse to remove its facilities within such time as may be required to prevent such forfeiture. SWBT will give Applicant not less than 60 days from the date of notice to remove Applicant’s facilities unless prior removal is required to prevent the forfeiture of SWBT’s rights. At Applicant’s request, the parties will engage in good faith negotiations with each other, with joint users, and with third-party property owners and cooperatively take such other steps as may be necessary to avoid the unnecessary removal of Applicant’s facilities in the face of a threatened forfeiture.

Removal to Avoid Forfeiture. If the presence of Applicant’s facilities on SWBT’s poles or in SWBT’s ducts, conduits, or rights-of-way would cause a forfeiture of the rights of SWBT to occupy the property where such pole, duct, conduit, or right-of-of- way is located, SWBT will promptly notify Applicant in writing and Applicant shall not, without due cause and justification, refuse to remove its facilities within such time as may be required to prevent such forfeiture. SWBT will give Applicant not less than 60 days from the date of notice to remove Applicant’s facilities unless prior removal is required to prevent the forfeiture of SWBT’s rights. At Applicant’s request, the parties will engage in good faith negotiations with each other, with joint users, and with third-third- party property owners and cooperatively take such other steps as may be necessary to avoid the unnecessary removal of Applicant’s facilities in the face of a threatened forfeiture.

Removal to Avoid Forfeiture. If the presence of Applicant’s 's facilities on SWBT’s 's poles or in SWBT’s 's ducts, conduits, or rights-of-way would cause a forfeiture of the rights of SWBT to occupy the property where such pole, duct, conduit, or right-of-way is located, SWBT will promptly notify Applicant in writing and Applicant shall not, without due cause and justification, refuse to remove its facilities within such time as may be required to prevent such forfeiture. SWBT will give Applicant not less than 60 days from the date of notice to remove Applicant’s 's facilities unless prior removal is required to prevent the forfeiture of SWBT’s 's rights. At Applicant’s 's request, the parties will engage in good faith negotiations with each other, with joint users, and with third-party property owners and cooperatively take such other steps as may be necessary to avoid the unnecessary removal of Applicant’s 's facilities in the face of a threatened forfeiture.