Common use of Recurring Charge Clause in Contracts

Recurring Charge. 12.01 Grantor shall be responsible for the payment of the costs of Scheduled Maintenance of the Grantor System (as defined in Exhibit "G") and insurance premiums and rents associated with the Regeneration Facilities and Opamp Facilities. 12.02 In consideration of Grantor's responsibilities under Section 12.01, subject to the adjustments described in Section 12.03, Grantee shall pay to Grantor each year, with respect to each Segment, commencing with the Acceptance Date of such Segment and continuing until the expiration of the Term of the IRU with respect to such Segment shall have occurred, the product obtained when: (a) [**] is multiplied by (b) the number of Route Miles in such Segment (the "Recurring Charge"). 12.03 The Recurring Charge shall be increased on each anniversary of the Acceptance Date of the first Segment in which Grantee will receive the IRU by the increase, if any, in the Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100), for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, Grantor may, in its reasonable discretion, designate a successor index to be used in determining any increase to the Recurring Charge. [**] CONFIDENTIAL TREATMENT REQUESTED 12.04 The Recurring Charge shall be paid each year by Grantee in twelve (12) equal installments due and payable on the first day of each month. In the event the Acceptance Date or expiration of the Term of a Segment occurs other than on the first day of the month, the Recurring Charge shall be prorated.

Recurring Charge. 12.01 13.01 Except as expressly provided otherwise in this Agreement, Grantor shall be responsible for the payment of all costs and expenses relating to the Grantor System, including, without limitation, (i) all fees and charges payable to the grantors or providers of the Required Rights, (ii) the costs of Scheduled Maintenance of constructing and maintaining the Grantor System System, (as defined in Exhibit "G"iii) all charges and insurance premiums and rents expenses (including utility charges) associated with the operation of the Regeneration Facilities and Opamp FacilitiesFacilities and (iv) all Impositions. 12.02 13.02 In consideration of Grantor's responsibilities in Section 13.01 and otherwise under Section 12.01this Agreement, subject to the adjustments described in Section 12.03Sections 7.04, 7.06 and 13.03 through 13.07, Grantee shall pay to Grantor each year, with respect to each Segment, commencing with the Acceptance Date of such Segment and continuing until the expiration of the Term of the IRU with respect to such Segment shall have occurredexpired or terminated, the following sums (the "Recurring Charge"): (i) the product obtained when: (aA) [(**] *) is multiplied by (bB) the number of Route Miles in such Segment (the "Recurring ROW Charge"), plus (ii) the product obtained when: (A) (***) is multiplied by (B) the number of Route Miles in such Segment (the "Operating Expense Charge"). 12.03 The Recurring 13.03 Commencing on the date of installation of any Grantee Fibers within the Grantee Conduit, the ROW Charge shall be increased by the product obtained when: (i) (***) is multiplied by (ii) the number of Route Miles where Grantee Fibers have been installed in the Grantee Conduit. 13.04 (***). 13.05 (***). 13.06 The Recurring Charge applicable to each Segment, as the same may be adjusted from time to time pursuant to the foregoing provisions of this Article 13, the Operating Expense Estimate and the sums described in Section 13.03(i), 13.04(i)(A) and 13.04(ii)(A), shall be adjusted on each anniversary of the Acceptance Date of the first such Segment in which Grantee will receive the IRU by the increasechange, if any, in the Consumer Price Index, All Urban Consumers (CPI-U)Consumers, U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics (1982the "CPI-84 = 100U"), for the preceding twelve month period (12) month period. In or, with respect to the Operating Expense Charge, in the event such index shall cease to be computed or published, Grantor may, in its reasonable discretion, and Grantee shall mutually designate a comparable successor index to be used in determining any increase the adjustment to such Charge); provided that (a) the ROW Charge for a Segment shall only be adjusted pursuant to this Section 13.06 to the Recurring Charge. [**] CONFIDENTIAL TREATMENT REQUESTEDextent the instrument governing the Required Right for such Segment explicitly provides for an adjustment based on the CPI-U or a comparable index and (b) the Operating Expense Charge and the Operating Expense Estimate shall only be adjusted pursuant to this Section 13.06 if neither Grantee nor Grantor has performed an audit for the preceding twelve-month periods in accordance with Section 13.05. 12.04 The 13.07 Grantee shall pay the Operating Expense Charge portion of the Recurring Charge shall be paid each year by Grantee in twelve (12) equal installments due and payable for a Segment monthly on the first day of each month. In the event the Acceptance Date or expiration month of the Term of a the IRU respecting such Segment occurs other than on (with the first day Operating Expense Charge for any partial calendar month prorated). Grantee shall pay the ROW Charge portion of the month, the Recurring Charge shall be prorated.for all Segments in the aggregate on a monthly basis, with the amount of each month's payment being equal to the amount obtained by multiplying the total amount of ROW Charges due by Grantee on all Segments by a fraction, the numerator of which is the total

Recurring Charge. 12.01 13.01 Grantor shall be responsible for the payment of the costs of Scheduled Maintenance of the Grantor System (as defined in Exhibit "GF") and insurance premiums and rents associated with the Regeneration Facilities and Opamp Facilities). 12.02 13.02 In consideration of Grantor's responsibilities under Section 12.0113.01, subject to the adjustments described in Section 12.0313.03, Grantee shall pay to Grantor each year, with respect to each Segmentall Segments in a metropolitan area, commencing with the Acceptance Date of the first Segment to be completed within such Segment metropolitan area and continuing until the expiration of the Term of the IRU with respect to the last Segment to be completed within such Segment metropolitan area shall have occurred, the greater of [**] or the product obtained when: (a) $[**] is multiplied by (b) the number of Route Miles in all such Segment Segments within a metropolitan area (the "Recurring Charge"). 12.03 13.03 The Recurring Charge shall be increased on each anniversary of the Acceptance Date of the first Segment in which Grantee will receive the IRU by the increase, if any, in the Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100), for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, Grantor may, in its reasonable discretion, designate a successor index to be used in determining any increase to the Recurring Charge. [**] CONFIDENTIAL TREATMENT REQUESTED. 12.04 13.04 The Recurring Charge shall be paid each year by Grantee in twelve (12) equal installments due and payable on the first day of each month. In the event the Acceptance Date or expiration of the Term of a Segment occurs other than on the first day of the month, the Recurring Charge shall be prorated.