Common use of Classifications, Practices and Regulations Clause in Contracts

Classifications, Practices and Regulations. Underutilization Charges: Where applicable, if, in any Contract Year, Customer’s Eligible Usage Charges are less than the Annual Minimum, then Customer will pay: (1) all accrued but unpaid charges incurred by Customer; and (2) an underutilization charge equal to the difference between the Customer’s Eligible Usage Charges during such contract year and the Annual Minimum. If, in any contract year, the Customer’s Eligible Usage Charges for designated Services are less than the applicable Subminimum, if any, then Customer will pay an underutilization charge equal to the difference between Customer’s Eligible Usage Charges during such contract year and the applicable Subminimum.

Appears in 2 contracts

Sources: Option Agreement, Service Agreement