Common use of Special Construction or Acquisition Clause in Contracts

Special Construction or Acquisition. Notwithstanding anything to the contrary in this Agreement, if XO undertakes special construction and/or acquires telecommunications facilities from a third party in order to provide Service to Customer ("Special Construction"), and the costs are not included in the MRC for the affected Service(s), XO will advise Customer in writing of the estimated charges associated with such Special Construction prior to the undertaking of the activity by XO. If Customer executes a Service Order for Special Construction based on the estimate and thereafter cancels the Service Order prior to the Start of Service Date, or if Customer terminates the Service associated with the Special Construction prior to the expiration of the committed Service term, Customer must reimburse XO for all unpaid costs incurred by XO in connection with the Special Construction. This payment obligation is in addition to any other rights and remedies XO may have at law, in equity, or as provided in this Agreement.