Common use of Additional Charges and Fees Clause in Contracts

Additional Charges and Fees. (a) If Customer cancels a Service Order before installation, then Customer shall pay Cavalier any cancellation charges incurred by Cavalier from other service providers plus three times the MRC for the cancelled Service Order (“Cancellation Charge”). (b) Upon 30 days advance written notice to Cavalier, Customer may terminate any Service before its initial term or renewal term has expired (“Termination for Convenience”) and shall pay Cavalier all amounts then due; cancellation charges incurred by Cavalier from other service providers; all unpaid or waived NRCs; all discounts or installation credits received by Customer; and Termination Damages defined as (i) one hundred percent (100%) of the accumulative MRC remaining for the unexpired portion of the 1st through 12th month period of the initial or a renewal term; plus (ii) fifty percent (50%) of the accumulative MRC remaining for the unexpired portion of the 13th through 36th month period of the initial term; plus (iii) twenty-five percent (25%) of the accumulative MRC remaining for the unexpired portion of the period of the 37th through 60th month period of the initial term (collectively, “Early Termination Liability”). Early Termination Liability applies to any Termination for Convenience, unless Customer signs a new Service Order within 30 days of the Termination of Convenience notice with a higher MRC for similar Services and a new initial term of at least 36 months. Customer shall not dispute the validity of any Cancellation Charge or Early Termination Liability, including any assertion that such damages are penalties or are not reasonably related to actual damages.

Additional Charges and Fees. (a) If Customer cancels a Service Order before installation, then Customer shall pay Cavalier Kinex any cancellation charges incurred by Cavalier Kinex from other service providers plus three times the MRC for the cancelled Service Order (“Cancellation Charge”). (b) Upon 30 days advance written notice to CavalierKinex, Customer may terminate any Service before its initial term or renewal term has expired (“Termination for Convenience”) and shall pay Cavalier Kinex all amounts then due; cancellation charges incurred by Cavalier Kinex from other service providers; all unpaid or waived NRCs; all discounts or installation credits received by Customer; and Termination Damages defined as (i) one hundred percent (100%) of the accumulative MRC remaining for the unexpired portion of the 1st through 12th month period of the initial or a renewal term; plus (ii) fifty percent (50%) of the accumulative MRC remaining for the unexpired portion of the 13th through 36th month period of the initial term; plus (iii) twenty-five percent (25%) of the accumulative MRC remaining for the unexpired portion of the period of the 37th through 60th month period of the initial term (collectively, “Early Termination Liability”). Early Termination Liability applies to any Termination for Convenience, unless Customer signs a new Service Order within 30 days of the Termination of Convenience notice with a higher MRC for similar Services and a new initial term of at least 36 months. Customer shall not dispute the validity of any Cancellation Charge or Early Termination Liability, including any assertion that such damages are penalties or are not reasonably related to actual damages.