Forfeiture of District’s Rights. No Permit granted under this Agreement shall extend to any Pole or within any portion of the Conduit System on/in which the attachment of Licensee’s Attachments would result in a forfeiture of District’s rights. Any Permit, which on its face would cover Attachments that would result in forfeiture of District’s rights, is invalid. Further, if any of Licensee’s existing Attachments, whether installed pursuant to a valid Permit or not, would cause such forfeiture, Licensee shall promptly remove its Attachments upon receipt of written notice from District. District will perform such removal at Licensee’s expense not sooner than the expiration of thirty (30) calendar days from District’s issuance of the written notice.
Forfeiture of District’s Rights. No Permit granted under this Agreement shall extend to any Pole on which the Attachment of Licensee’s Attachments would result in a forfeiture of the District’s rights. Any Permit, which on its face would cover Attachments that would result in forfeiture of the District’s rights, is invalid. Further, if any of Licensee’s existing Attachments, whether installed pursuant to a valid Permit or not, would cause such forfeiture, Licensee shall, upon receipt of written notice from District: i) provide District with a written response that Licensee is taking corrective action to remedy the underlying issue creating the claimed potential for forfeiture; ii) provide District a written response challenging the basis for a claim of forfeiture; or iii) promptly remove its Attachments. If Licensee does not take corrective action or challenge the basis for the claim of forfeiture through the correct forum and in accordance with procedural requirements, and subsequently fails to remove the related Attachments, subject to Section 10.1 (Termination of Permit), the District will perform such removal at Licensee’s expense not sooner than the expiration of sixty (60) calendar days from the District’s issuance of the written notice.
