Exclusivity Requirement Sample Clauses

Exclusivity Requirement. The Customer must use Company service to satisfy at least 70 percent (as measured in dollars) of its interexchange telecommunications service requirements. In the event that Customer breaches the Exclusivity Requirement in any month, Company reserves the right to charge an amount equal to fifteen percent (15%) of the difference between (a) the Customer’s Total Service Charges for such month and (b) seventy percent (70%) of the total spent by Customer for telecommunications service and products in such month. For purposes of this section, “telecommunications services and products” are defined as the telecommunication services and products that Customer uses from all telecommunication services providers during the term of the agreement, except for those product and services utilized by Customer to transmit or distribute its television programming.

Exclusivity Requirement. Company shall be Customer’s exclusive carrier during the Term for 100% of the services on the DS3 Metro Private Line circuits (hereunder referred to as the “Exclusive Services”) for which Customer is not contractually committed at the execution of this Agreement (“Exclusivity Requirement”). Upon the expiration or termination of the original term of any such existing agreements, Customer will migrate the Exclusive Services to this Agreement and such services will then be subject to the Exclusivity Requirement. Compliance with the Exclusivity Requirement shall be measured on a monthly basis based on Customer’s dollar usage of all Exclusive Services. After the Effective Date of this Amendment, but not more than once every 12 monthly billing periods, Company may request, and Customer shall provide to Company in writing, Customer records, data and invoices pertaining to its total service usage for Exclusive Services for the most recent 12 month period preceding the request. Company may review this information for the sole purpose of determining Customer’s compliance with the Exclusivity Requirement. If Customer fails to satisfy the requirement, Company reserves the right to increase Customer’s DS3 Metro Private Line monthly recurring charge. Monitoring Condition: Customer must satisfy the following condition during the Term. If Customer fails to satisfy this condition, Company reserves the right to increase Customer’s DS3 Metro Private Line monthly recurring charge: Customer must install and maintain a minimum of three (3) DS3 Metro Private Line circuits throughout the Term of the Agreement. If Third Party terminates Metro Private Line Service in accordance with its Master Services Agreement due to an uncured default by Customer, or if Customer terminates Metro Private Line Service for any reason other than due to an uncured default buy Third Party, then Customer must pay all monthly recurring charges associated with Metro Private Line Service for the balance of the term of Service. Waiver: Dialed Number ID Service (DNIS) Waiver: Company will waive the install and change charges for Dialed Number ID Service (DNIS) associated with Inbound Voice Service.

Exclusivity Requirement. The Customer must use Company service to satisfy 100% percent (as measured in dollars) of its Frame Relay, ATM and or Private IP Service requirements. If during any month of the Term the Customer fails to satisfy this requirement, the Customer will be billed and required to pay an additional $7,000 charge during that month.

Exclusivity Requirement. 9.1 Customer agrees it shall use MCI exclusively as its interexchange carrier ("IXC) during the Term hereof for one hundred percent (100%) of all IXC services for which Customer is not contractually committed at the execution of this Agreement including, without limitation, inbound toll free services, outbound voice services, conference calling services, domestic and international outbound, and domestic and international data services. Compliance with the foregoing exclusivity covenant shall be measured on a monthly basis based on Customer's dollar usage of all IXC services. 9.2 After the Effective Date of this Agreement, but not more than once annually, MCI may request, and Customer shall provide to MCI in writing, Customer records, data and invoices pertaining to its total IXC service usage for the most recent twelve (12) month period preceding the request. MCI may review this information for the sole purpose of determining Customer's compliance with the exclusivity covenant set forth in Section 9.1 hereof. In the event that Customer breaches the covenant set forth in Section 9.1 above, Customer agrees to pay standard Tariffed rates for all Services received hereunder during the period of non-compliance with said covenants. 9.3 The exclusivity covenant set forth in Section 9.1 hereof shall not apply to Customer's current satellite services. However, in the event that Customer's places its satellite service requirements under a competitive bidding process, Customer agrees to grant MCI the opportunity to provide a bid to contract for such satellite services.

Exclusivity Requirement. 9.1 Customer agrees it shall use MCI exclusively as its interexchange carrier ("IXC") during the Term hereof for ninety five percent (95%) of all IXC services for which Customer is not contractually committed at the execution of this Agreement [including, without limitation, inbound toll free services, outbound voice services, conference calling services, domestic and international outbound, and domestic and international data services.] Compliance with the foregoing exclusivity covenant shall be measured on a monthly basis based on Customer's dollar usage of all IXC services. 9.2 After the Effective Date of this Agreement, but not more than once annually, MCI may request, and Customer shall provide to MCI in writing, Customer records, data and invoices pertaining to its total IXC service usage for the most recent twelve (12) month period preceding the request. MCI may review this information for the sole purpose of determining Customer's compliance with the exclusivity covenant set forth in this Section.

Exclusivity Requirement. The Customer must use Company service to satisfy at least 80 percent (as measured in dollars) of its interexchange telecommunications service requirements. If during any month of the Term the Customer fails to satisfy this requirement, the Customer will be billed and required to pay an additional charge equal to 50 percent of one-twelfth (1/12) of the MVR during that month. Other Requirements: In order to be eligible to receive Company service under this option, the Customer must satisfy the following requirements at the time of option enrollment: The Customer must be an existing Customer of the Company Monitoring Conditions: In order to be eligible to receive Company service under this option, the Customer must satisfy the following conditions during each annual period of the Term. If during any month of the Term the Customer fails to satisfy any of the following conditions, the Customer will be billed and required to pay an additional $0.03 for each minute of usage during that month. The Customer’s outbound metered usage (as measured in minutes of use) must not exceed 68% of all metered usage in any annual period.

Exclusivity Requirement. The Customer must use Company service to satisfy at least 95 percent (as measured in dollars) of its interexchange telecommunications service requirements. If during any month of the Term the Customer fails to satisfy this requirement, the Customer will be billed and required to pay an additional $25,000 charge during that month. Qualifying Conditions: In order to be eligible to receive Company service under this option, the Customer must satisfy the following requirements at the time of option enrollment: The Customer has documented competitive information on Unattended Toll Free Services Current Company service usage charges equal or exceed $20,000 per Monthly Period The Customer is an existing customer of the Company billing at least $1,500,000 each year. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Lit Building Access Promotion

Exclusivity Requirement. Each of the Members agrees on its own behalf and on behalf of its Affiliates to publish all legal notices required to be published in the Territory in the Company’s legal newspapers and Internet web sites and to utilize the Company exclusively for all services currently offered by the Company required to be performed in the Territory while a Member of the Company; provided, however, (i) in the case of Legal Press and its Affiliates (including, without limitation, Trott & Trott, P.C., a Michigan professional corporation (“Trott & Trott”) or any successor entity), if Legal Press ceases to be a Member prior to December 31, 2015, the provisions of this paragraph shall apply through such date, and (ii) to the extent that this Section 7.5 is in conflict with any provision of that certain Agreement, dated as of the date hereof (the “Exclusivity Agreement”), by and between the Company and Trott & Trott, the terms and conditions of the Exclusivity Agreement shall govern and control.

Exclusivity Requirement. The Customer must use Company service to satisfy at least 85 percent (as measured in dollars) of its interexchange telecommunications service requirements. If during any month of the Term the Customer fails to satisfy this requirement, the Customer will be billed and required to pay an additional charge equal to 50 percent of one-twelfth (1/12) of the MVR for such monthly period.