Special Construction or Acquisition. Notwithstanding anything to the contrary in this MSA, if FBL is required to specially construct or acquire telecommunications Facilities from a third party, or both, to provide Service, and the costs thereof are not included in the MRC for the affected Service(s), the Parties will agree in writing on the estimated charges applicable to the construction or acquisition prior to the undertaking of the activity by FBL. If Customer cancels this MSA or any Order involving special construction or acquisition after the acceptance of an Order but prior to the Service Date, Customer shall reimburse FBL for all unpaid costs and expenses incurred by FBL in connection with the special construction or acquisition up to the date of cancellation. This payment obligation is in addition to any other rights and remedies FBL may have at law, in equity, or as provided in this MSA, including those outlined in Article 5.
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.
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.
