Switched Services Take or Pay Commitment Clause Samples

Switched Services Take or Pay Commitment. (a) Subject to Section 4, Excel shall have a "Switched Services Take or Pay Commitment" in the aggregate amount of *, which shall be satisfied by Excel during the period commencing on March 1, 1998, and ending twelve (12) months after the Effective Date (the "Switched Services Commitment Expiration Date"). To the extent that Excel has not paid (in the form of money or the receipt of credits as specified in Section 1.2(b) hereof) for Switched Services hereunder in an aggregate amount equal to the aggregate amount of the Switched Services Take or Pay Commitment by the Switched Services Commitment Expiration Date at the Usage Charge rates specified in Exhibit A or Exhibit B, as applicable, then Excel shall be obligated to pay to IXC * of the difference of (i) the * Switched Services Take or Pay Commitment less (ii) the actual amount paid by Excel during such period, whether or not such Switched Services are used. Excel shall not be required to make any partial or pro rata payments (periodic or otherwise) in respect of the Switched Services Take or Pay Commitment prior to the Switched Services Commitment Expiration Date. All Usage Charges for domestic and international terminating minutes, 8XX origination services, switchless services, calling cards, debit cards and Mexico 800 origination services provided under the Switched Services shall be counted towards the Switched Services Take or Pay Commitment. (b) Excel shall pay for Switched Services hereunder at the Usage Charges reflected in Exhibit A or Exhibit B, as applicable. In addition, all payments received by IXC from Excel (or credits received by Excel) with respect to Switched Minutes (whether such minutes were used by Excel under the Original Agreement or under this Agreement) on or after March 1, 1998, shall count towards the Switched Services Take or Pay Commitment. In addition, the parties hereby acknowledge that the pricing for Switched Minutes under this Agreement is lower than the pricing under the Original Agreement and that it is the intent of the parties that Excel receive the benefit of such new and reduced pricing for the entire calendar year of 1998; provided Excel meets or exceeds the Usage * Confidential material has been omitted and filed separately with the Securities and Exchange Commission. Charges set forth in the last sentence of this Section 1.2(b). Accordingly, Excel shall receive and apply such credit against and commencing with payments to be made by Excel for minutes used in Mar...
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Related to Switched Services Take or Pay Commitment

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

  • Time Commitment The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in an appropriate manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company or any of its Affiliates.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Service Commitment If Services subject to a Service Commitment are terminated by Customer pursuant to the clause entitled Customer Termination for Convenience or by Verizon pursuant to the clause entitled Termination for Cause or Insolvency, on or after the: (a) Commencement Date but before the Activation Date, Customer shall pay the Cancellation of Order Charges specified in the Service Attachment (if any) together with any third party termination charges related to such termination as notified by Verizon; or (b) Activation Date but prior to the expiration of the Service Commitment, Customer shall pay an Early Termination Charge equal to 75% (or other percentage detailed elsewhere in the Agreement) of the Recurring Charges that would have been payable for those Services for the remaining unexpired part of the Service Commitment.

  • DVBE Commitment This section is applicable if Contractor received a disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Contractor’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Contractor used DVBE subcontractor(s) in connection with this Agreement: (i) Contractor must use the DVBE subcontractors identified in its bid or proposal, unless the JBE approves in writing replacement by another DVBE subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must complete and return to the JBE a post-contract certification form promptly upon completion of the awarded contract, and by no later than the date of submission of Contractor’s final invoice to the JBE. (The post-contract certification form is located at: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇.▇▇▇/documents/JBCM-Post-Contract-Certification-Form.docx) If the Contractor fails to do so, the JBE will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000, until the Contractor submits a complete and accurate post-contract certification form. The JBE shall allow the Contractor to cure the deficiency after written notice of the Contractor’s failure to complete and submit an accurate post-contract certification form. Notwithstanding the foregoing and any other law, if after at least 15 calendar days, but no more than 30 calendar days, from the date of the written notice the Contractor refuses to comply with these certification requirements, the JBE shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The post-contract certification form shall include: (1) the total amount of money Contractor received under the Agreement, (2) the total amount of money and the percentage of work that Contractor committed to provide to each DVBE subcontractor; (3) the name and address of each DVBE subcontractor to which Contractor subcontracted work in connection with the Agreement; (4) the amount of money each DVBE subcontractor actually received from Contractor in connection with the Agreement, and the corresponding percentage this payment comprises of the total amount of money Contractor received under the Agreement; and (5) that all payments under the Agreement have been made to the applicable DVBE subcontractors. Upon request by the JBE, Contractor shall provide proof of payment for the work. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Contractor will comply with all rules, regulations, ordinances and statutes that govern the DVBE program, including, without limitation, Military and Veterans Code section 999.5.