Common use of Special Construction or Acquisition Clause in Contracts

Special Construction or Acquisition. Notwithstanding anything to the contrary in this Agreement, if Company undertakes special facilities construction costs to provide Service to Customer ("Special Construction Charges"), and the costs are not included in the MRC for the affected Service(s), Company will advise Customer in writing of the estimated cost associated with such Special Construction Charges prior to the undertaking of the activity by Company. If Customer executes and/or otherwise approves an order for Special Construction Charges and thereafter cancels the order prior to the Start of Service Date, or if Customer terminates the Service associated with the Special Construction Charges prior to the expiration of the committed Service Term, Customer must immediately reimburse Company for all unrecovered costs incurred by Company in connection with the Special Construction Charges. This payment obligation is in addition to any other rights and remedies Company may have at law, in equity, or as provided in this Agreement.

Special Construction or Acquisition. Notwithstanding anything to the contrary in this Agreement, if Company undertakes special facilities Communication Facilities construction costs to provide Service to Customer ("Special Construction Charges"), and the costs are not included in the MRC for the affected Service(s), Company will advise Customer in writing of the estimated cost associated with such Special Construction Charges prior to the undertaking of the activity by Company. If Customer executes and/or otherwise approves an order for Special Construction Charges and thereafter cancels the order prior to the Start of Service Date, or if Customer terminates the Service associated with the Special Construction Charges prior to the expiration of the committed Service Term, Customer must immediately reimburse Company for all unrecovered costs incurred by Company in connection with the Special Construction Charges. This payment obligation is in addition to any other rights and remedies Company may have at law, in equity, or as provided in this Agreement.