Termination with Liability Clause Samples
The 'Termination with Liability' clause defines the conditions under which a contract may be ended by one or both parties, while also specifying the financial or legal responsibilities that arise upon termination. Typically, this clause outlines what payments, penalties, or damages are owed if the agreement is terminated before its natural conclusion, such as reimbursement for work performed or compensation for losses incurred. Its core function is to allocate risk and provide clarity regarding the consequences of early termination, ensuring both parties understand their obligations if the contract ends prematurely.
Termination with Liability. If (a) the Customer terminates the agreement before the end of the Initial Term for reasons other than for cause or (b) the Company terminates the agreement for cause, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25 percent of the unsatisfied MVR for each annual period (and a pro rata portion thereof for any partial annual period) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up-front credits provided to the Customer.
Termination with Liability. If: (a) the Customer terminates the agreement before the end of the Term for reasons other than cause; or (b) the Company terminates the agreement for Cause, then the Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an early termination charge equal to one of the following amounts, based upon the year of termination:
Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon terminates this Agreement for Cause pursuant to Section titled “Termination”, then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50% of the unsatisfied AVC during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer. One Time Credits: Customer will receive one credit equal to $35,000, applied against Customer's designated Service Charges incurred for Interstate Services. Waiver(s): AC/COC Charges. The Company will waive the Customer’s Access Coordination (“AC”) and Central Office Connection (“COC”) charges for Dedicated Access Service under this Agreement. Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under the Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 36 months following the expiration of the Ramp Period.
Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 50% of the unsatisfied AVC remaining during the Contract Year of termination, and for each subsequent Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Customer shall receive a one time credit in the amount of $50,000.00 in the first (1st) month following the Effective Date of this Agreement.
Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) MCI terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 100% of the AVC for each Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up front credits provided to Customer under this Agreement. Recurring Credit: Local Service. Customer shall pay the applicable non-recurring charges and the applicable flat rate monthly recurring charges for all of the following services as specified in the Local Program: Local Line per line, Local Trunk Basic per Trunk, Local Trunk-DID per trunk, Local Trunk-2 Way Direct per trunk, Local Trunk-Basic per T1, Local Trunk-DID per T-1, Local Trunk-2 Way Direct per T-1, Local ISDN-PRI per T-1, DID numbers per each block of 20, Feature Package 1 and Feature Package 2. Customer will also be entitled to receive an effective discount of 25% off standard MBSII monthly recurring and usage rates, applied to interstate charges. The aggregate amount of any effective discount(s) shall not exceed Customer’s aggregate interstate usage charges for the monthly billing period in which such effective discount(s) are to be applied. This discount is in lieu of any other discounts, including the MBSII discount. Intrastate Outbound, Inbound and Calling Card Service. Customer will receive a monthly credit equal to: (a) the difference between the rates for the states of California, Illinois, Missouri, New York, North Carolina, Ohio, Virginia, and West Virginia; and the standard intrastate Tariffed Outbound and Inbound Voice Service rates for these States, multiplied by (b) the number of minutes of Customer’s intrastate Outbound and Inbound Voice Service usage in California, Illinois, Missouri, New York, North Carolina, Ohio, Virginia, and West Virginia, for the corresponding monthly period. The resulting dollar amount of the credit will be applied to Customer’s interstate Total Service Charges for Voice and Data. The current rates for Intrastate Outbound, Inbound and Calling Card Service for California, Illinois, Missouri, New York, N...
Termination with Liability. If the Customer terminates service under this option prior to the expiration of the term of service, the Customer will be billed and required to: (i) repay a pro rata portion of all credits received under this option, and, (ii) pay an early termination charge equal to 25 percent of the MVR for each annual period remaining in the term of service, or a pro rata portion thereof for any partial annual period.
Termination with Liability. If: (a) Customer terminates this Agreement before the end of Initial Term for reasons other than Cause; or (b) MCI terminates this Agreement for Cause pursuant to the Section entitled “Termination,” then Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50% of the AVC for each Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all credits received by Customer. Customer will receive a one-time credit of $3,000 to be applied to Customer’s interstate Total Service Charges in the first month following the amendment effective date. Customer shall receive a monthly recurring credit equal to the product of 35% multiplied by Customer's Local CLEC Total Service Charges for the current monthly billing period based on standard Tariff rates. The resulting credit shall be applied to Customer's Total Service Charges for interstate voice Services hereunder. Notwithstanding the foregoing, in no event shall the amount of any such credit exceed Customer's interstate Total Service Charges for the monthly billing period in which such credit is to be applied. Customer shall receive a monthly recurring credit equal to the product of 35% multiplied by Customer's Local and Long Distance Total Service Charges for the current monthly billing period based on standard Tariff rates. The resulting credit shall be applied to Customer's Total Service Charges for interstate voice Services hereunder. Notwithstanding the foregoing, in no event shall the amount of any such credit exceed Customer's interstate Total Service Charges for the monthly billing period in which such credit is to be applied. Customer will receive a monthly credit equal to: (a) the difference between the rates set forth below for the states listed below and the standard intrastate Tariffed Outbound and Inbound Voice Service rates for the states listed below, multiplied by (b) the number of minutes of Customer intrastate Outbound and Inbound Voice Service usage in the states listed below during that current monthly period. The resulting dollar amount of the credit will be applied to Customer’s Interstate Total Services Charges for Voice and Data. $0.0204 to $0.0370 for Switched and Card as applicable and Dedicated and Local State California
Termination with Liability. If (a) the Customer terminates the agreement before the end of the Initial Term for reason other than for cause of (b) the Company terminates the agreement for cause, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25 percent of the unsatisfied AVC for each annual period remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up-front credits provided to the Customer. Promotions: The Customer is eligible for the following promotion as set forth in the Guide: Install Waiver – Digital T1 Access Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $60,000 in Total Service Charges
Termination with Liability. If: (a) Customer terminates this Agreement during the Initial Term for reasons other than Cause; or (b) Verizon terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25% of the AVC for each Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all credits received by Customer. Waiver: Installation Waiver. Verizon will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Verizon incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Installation Waiver. MCI will waive the one-time installation charges which will include DS0 and/or DS1 local loop access associated with the implementation of eligible services stated below within the 48 contiguous U.S. States under this Agreement. Customer will receive the promotional waiver for the length of the contract term. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental charges will not be waived. Services included in the wa...
Termination with Liability. If (a) the Customer terminates the agreement before the end of the Initial Term for reasons other than for cause or (b) the Company terminates the agreement for cause, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 32.5 percent of the unsatisfied MVR for each annual period (and a pro rata portion thereof for any partial annual period) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all credits received by the Customer, plus (iv) termination charges imposed by overseas access providers for which the Company is or becomes contractually liable in connection with such termination. Toll Free Feature Charges. Customer will receive a monthly credit equal to 65% of the charges specified in the Guide for the Combined Feature package (that includes: Time of day/Time of interval routing; cross corporate identification routing (CCID); Day of week routing; exchange routing; geographic/point of call routing; percentage allocation routing).