Common use of Breach Prior to Commencement Date Clause in Contracts

Breach Prior to Commencement Date. In the event that the Collocator materially breaches this Agreement by purporting to terminate this Agreement after SBC-13STATE has begun preparation of the Virtual Collocation space but before SBC-13STATE has been paid the entire amounts due under this Article, then in addition to any other remedies that SBC-13STATE might have, the Collocator shall be liable in the amount equal to the non-recoverable costs less estimated net salvage. Non-recoverable costs include the non- recoverable cost of equipment and material ordered, provided or used; the non- recoverable cost of installation and removal, including the costs of equipment and material ordered, provided or used; labor; transportation and any other associated costs.

Breach Prior to Commencement Date. In the event that the Collocator materially breaches this Agreement by purporting to terminate this Agreement after SBC-13STATE has begun preparation of the Virtual Physical Collocation space Space but before SBC-13STATE has been paid the entire amounts due under this ArticleAppendix, then in addition to any other remedies that SBC-13STATE might have, the Collocator shall be liable in the amount equal to the non-recoverable costs less estimated net salvage. Non-recoverable costs include the non- non-recoverable cost of equipment and material ordered, provided or used; the non- non-recoverable cost of installation and removal, removal including the costs of equipment and material ordered, provided or used; labor; transportation and any other associated costs.