Common use of Removal to Avoid Forfeiture Clause in Contracts

Removal to Avoid Forfeiture. If the presence of Attaching Party’s facilities on or in SBC-13STATE’s Structure would cause a forfeiture of the rights of SBC-13STATE to occupy the property where such Structure is located, SBC-13STATE will promptly notify Attaching Party in writing and Attaching Party shall not, without due cause and justification, refuse to remove its facilities within such time as may be required to prevent such forfeiture. SBC-13STATE will give Attaching Party not less than 60 days from the date of notice to remove Attaching Party’s facilities unless prior removal is required to prevent the forfeiture of SBC-13STATE’s rights. At Attaching Party’s request, the parties will engage in good faith negotiations with each other, with Other Users, and with third-party property owners and cooperatively take such other steps as may be necessary to avoid the unnecessary removal of Attaching Party’s facilities.