Common use of Reduction in Services Clause in Contracts

Reduction in Services. If at any time during the implementation process, or after the Service Activation Date, Customer reduces the quantity of any ordered Service(s) by greater than five percent (5%), Evolve IP reserves the right to either (a) bill Customer for up to ninety five percent (95%) of the maximum quantity of Services billed on Customer’s account over the prior twelve (12) month period, (b) bill Customer for up to ninety five percent (95%) of the quantity of Services Ordered by Customer, or (c) increase the MRC of any Service(s) or bill Customer a shortfall amount such that the total MRCs payable by Customer equal ninety five percent (95%) of either (i) the maximum quantity of Services billed on Customer’s account over the prior twelve (12) month period, or (ii) the quantity of Services Ordered by Customer. In the event of a Reduction in Services, it is Customer’s responsibility to arrange for any and all Evolve IP-Provided Equipment to be returned to Evolve IP, if applicable. Customer shall be responsible for all MRCs, any applicable usage-based charges, and any applicable Taxes through the date that any Evolve IP-provided equipment has been returned to Evolve IP. Notwithstanding the foregoing, if Customer terminates any Dedicated Access Service that is under a Service Term, Early Termination will apply.