Common use of RATES AND PRICING Clause in Contracts

RATES AND PRICING. The rates and charges that apply to each Service are those reflected in the Order for Service, including without limitation the Pricing Quotes and Services Orders thereto. Crosswind reserves the right to modify Service and rate offerings at any time upon thirty (30) days written notice to Client. a. Implementation of Rate Increases. Except as otherwise provided in the Agreement (including without limitation these Terms and Conditions), if Crosswind materially increases rates (excluding taxes, surcharges and fees) on any Service for any location covered by this Agreement, the Client has up to ninety (90) days from the earlier of its receipt of the first invoice reflecting the rate increase, or prior written notification from Crosswind, if any, of such rate increase to elect to either: (i) migrate the Services to another Crosswind provided service, (ii) negotiate a new Agreement with Crosswind, or (iii) accept the rate increase, in which case this Agreement will continue to govern for all locations. To make such election, Client must provide notice in writing or by telephone to Crosswind Client Services within such ninety (90) day period. Failure to provide such notice within such ninety (90) day period shall be deemed Client's acceptance of the rate increase.