Licensee acknowledges that Licensor and other utility companies have taken and/or may take the position that the Pole Attachment Act of 1978 as amended (the “Act”), or regulations promulgated with respect thereto, are unconstitutional on their face or as applied or are otherwise defective as a matter of law. Licensee further acknowledges and agrees that in the event the Act or regulations promulgated with respect thereto are held by a court or administrative agency of competent jurisdiction to be unconstitutional or otherwise defective as a matter of law in whole or in part, and such decision becomes final or is otherwise upheld, in whole or in part, by a final decision upon appeal to the highest court or body to which appeal is sought, Licensor and Licensee agree to renegotiate, in good faith, the terms and conditions of this Agreement. If, following a period of ninety (90) days or such other period as may be mutually agreed upon by the parties, such re-negotiation is unsuccessful, Licensor, in its sole discretion, may terminate this Agreement without liability or further obligation upon one hundred twenty (120) days' written notice, in which event Licensee promptly shall remove or cause to be removed any and all of its attachments and equipment from Licensor's poles, ducts, conduits, or rights-of-way. Should Licensee fail to effect such notice of Licensor's intent to terminate this Agreement pursuant to this Article 41, Licensor shall have the right, without liability to remove or cause to be removed Licensee's attachments and equipment, at Licensee's sole expense, pursuant to the terms of this Agreement.

Next->