Common use of Termination with Liability Clause in Contracts

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: If (a) the Customer terminates this Agreement the agreement before the end of the Initial Term for reasons reason other than Cause; or for cause of (b) Verizon the Company terminates this Agreement the agreement for Cause pursuant to Section titled “Termination”cause, then the Customer will pay, within thirty (30) 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% 25 percent of the unsatisfied AVC during the year of termination, and for each subsequent Contract Year annual period remaining in the Termunexpired 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 received by provided to the Customer. One Time Credits: Customer will receive one a $1,800 credit equal to $35,000, applied against the Customer's ’s designated Service Charges incurred for Interstate Services and International Services. Waiver(s): AC/COC Charges. Interstate Service Credit: The Company Customer will waive receive a monthly recurring credit against domestic, interstate charges ranging from 2% to 7% of the standard tariffed rates in effect for the Customer’s Access Coordination (“AC”) intrastate Outbound Service and Central Office Connection (“COC”) charges for Dedicated Access Inbound Service under this Agreement. usage, within the states of New Jersey, Louisiana, New York and Ohio Installation Waiver. : The Company will waive the one-time installation charges charges, (or start-up fees) associated with the implementation of Services within the 48 contiguous States of the U.S. provided under the this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / PTT/ third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, CPE and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and 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. Initial Checkbook Promotion: Customer will receive three Checkbook Promotion Credits, with each credit being equal to $21,334.48. Customer will receive the first $21,334.48 Checkbook Promotion Credit in the sixth (6th) month following the effective date. Customer will receive the second $21,334.48 Checkbook Promotion Credit in the eighteenth (18th) month following the effective date. Customer will receive the third $21,334.48 Checkbook Promotion Credit in the thirtieth (30th) month following the effective date. Qualifying Condition: Customer represents that it satisfies the following conditions as of the Effective Date: Customer is an existing Verizon customer Customer is an existing Private IP Customer with at least thirteen (13) T1 PIP ports and at least six (6) 766K PIP ports. Customer bills at least 1000 voice minutes per month for International Outbound Voice Service. Customer bills at least 100,000 minutes per month for domestic outbound/inbound voice service. Customer has local presence in three markets (Chicago, IL, Cleveland, OH and Newark, NJ) Customer has at least 1001 Managed Email Users. Monitoring Conditions: Company reserves the right to monitor Customer’s account. If Customer does not install and maintain at least six (6) 768k Enhanced IP VPN Broadband circuits during the Term, Verizon reserves the right to recalculate the Checkbook Credit and charge back a portion of the credit to Customer. Term: 36 months following the Upon expiration of the Ramp PeriodTerm, 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”): $16,000 in Total Service Charges.

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining 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 Services, within the 48 contiguous States of the U.S. provided under the 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Advantage Services, (x) Enhanced Call Routing, and (xi) Security Services. 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Install Waiver – Domestic Private Line On The Network V Lit Building Access Promotion Initial Term: 36 24 months following Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Ramp PeriodTerm, 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”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

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 the Section titled “Termination”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50100% of the unsatisfied AVC remaining 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 a credit, equal to $35,00030,000, applied against Customer's designated Service Charges incurred for Interstate Servicesand International Services and any other services mutually agreed upon by the Customer and the Company. Waiver(s): AC/COC Charges. The Company One-Time Fund Deposit: Customer will waive the receive a credit of $36,000.00 to be applied to Customer’s Access Coordination (“AC”) and Central Office Connection (“COC”) charges for Dedicated Access Service under this AgreementFund account. 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; 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (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-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and 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. 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) Verizon Company terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50100% of the unsatisfied AVC remaining 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 a credit, equal to $35,00030,000, applied against Customer's designated Service Charges incurred for Interstate Servicesand International Services and any other services mutually agreed upon by the Customer and the Company. Waiver(s): AC/COC Charges. The Company One-Time Fund Deposit: Customer will waive the receive a credit of $36,000.00 to be applied to Customer’s Access Coordination (“AC”) and Central Office Connection (“COC”) charges for Dedicated Access Service under this AgreementFund account. 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; 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (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-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and 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. Initial Term: 36 months following the expiration of the Ramp Period.

Termination with Liability. If: If (a) the Customer terminates this Agreement the agreement before the end of the Initial Term for reasons other than Cause; for cause or (b) Verizon the Company terminates this Agreement the agreement for Cause pursuant to Section titled “Termination”cause, then the Customer will pay, within thirty (30) 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% 75 percent of the unsatisfied AVC during the year of termination, and for each subsequent Contract Year annual period (and a pro rata portion thereof for any partial annual period) remaining in the Termunexpired 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 received by provided to the Customer. One Time CreditsWaiver: 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 this Agreement; except for the following servicesServices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, OC48 and Gig-E, (iv) PTT / third party services (including International Access and Verizon Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call RoutingRouting and (xi) Security Services. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and 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. Initial Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Conferencing Saver Promotion On The Network V Lit Building Access Promotion OPTION NO. 56601903 (rev. June 08, Amendment 1) Term: 36 months following the Upon expiration of the Ramp PeriodTerm, 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”): Customer agrees to pay Company no less than $60,000.00 in Total Service Charges during each twelve-month period after the Effective Date.

Termination with Liability. If: (a) Customer terminates this Agreement before during the end of the Initial Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC during the year of termination, and for each subsequent Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the Termunexpired 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. One Time CreditsWaiver: 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 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and 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 Company incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and 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. Initial TermPromotions: 36 months The Customer is eligible for the following promotions as set forth in the expiration 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 Ramp Periodcontract 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 waiver: Digital T1 Access and Domestic Private Line.

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining 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 Services, within the 48 contiguous States of the U.S. provided under the 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Advantage Services, (x) Enhanced Call Routing, and (xi) Security Services. 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Install Waiver – Domestic Private Line On The Network V Lit Building Access Promotion Initial Term: 36 24 months following Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Ramp PeriodTerm, 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”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within thirty (30) 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 remaining 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 CreditsWaiver: 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 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and 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 Company incumbent local exchange carriers (“ILEC”) or Partnership and its affiliates d/b/a Company Wireless. 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 Qualifying Conditions: Customer represents that it satisfies the following conditions as of the Effective Date: Customer is a new Company customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK 2004 (FUND OPTION): Customers who (i) enroll in this promotion by January 31, 2007, and (ii) sign and submit a new Service Agreement (“Agreement”) by January 31, 2007, will receive a one-time deposit to its Fund account equal to ten percent (10%) of the Customer’s minimum Annual Volume Commitment for each year of Customer’s term requirement under the Agreement applied as a Fund Deposit. The Fund (“Fund”) is subject to the terms and conditions in Company’s Service Publication and Price Guide (available through Company’s home page as revised from time to time. Company reserves the right to change the Fund or any terms and conditions pertaining to the benefits, and/or participation therein. Fund benefits are not transferable. Any and all tax liabilities and shipping costs arising from participation in the Fund are solely the responsibility of Customer. Company shall not be liable for products, services, and warranties, express or implied, of participating vendors. The Customer may convert its Fund account balance to invoice credits which will be applied on a pro-rata basis to Customer’s first invoice following the end of the annual period in which the Customer makes such request and in each subsequent twelve (12) month period of the Customer’s term of service. Fund deposits earned by Customer as a result of signing the Agreement expire at the end of the Agreement’s Term and are not renewable. The maximum total amount of Fund deposits the Customer can receive under this promotion is $ 100,000. The following promotions are not eligible to be used in conjunction with the promotion described herein: Checkbook 2004 (Credit Option), Checkbook 2004 (Fund Option), and Regional Checkbook 2004 (Credit Option). To qualify for this promotion, Customer must demonstrate to Company’s reasonable satisfaction that it will accept a competitor’s offer in the absence of such a further inducement form Company to subscribe to, or remain subscribed to, Company service. Term: 36 12 months following the expiration of the Ramp Period.Sixth Amendment Effective Date. Minimum Annual Volume Commitment (“AVC”): $24,000.00 in Total Service Charges

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to Section titled “Termination”, then Customer will pay, within thirty (30) 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 (and a pro rata portion thereof for any partial Contract Year) remaining in the Termunexpired 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 upfront credits received by Customerprovided to Customer under this Agreement. One Credits: One-Time CreditsFund Deposit: Customer will receive one a credit equal of $77,000.00 to $35,000, be applied against Customer's designated Service Charges incurred for Interstate Services. Waiver(s): AC/COC Charges. The Company will waive the to Customer’s Access Coordination (“AC”) and Central Office Connection (“COC”) charges for Dedicated Access Service under this AgreementFund account. Waiver: 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; 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call Routing, (x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges)charges Term and Renewal Options: 90 days Minimum Annual Volume Commitment (“AVC”): None Data: Access: The Customer will be charged a monthly recurring charge of $262.50 for T1 Access service at one CLLI location mutually agreed upon by the Customer and the Company. The Customer’s Non-Recurring Charge is waived Underutilization: N/A Termination with Liability: N/A Recurring Credits: After Customer’s initial lump-sum payment of $1250 all additional monthly recurring costs, taxes or tax-like surchargesincluding taxes, or other Governmental Charges will not surcharges and fees shall be waived. Initial compensated by a grant from Company Business government and Education Sales Channel Term: 36 months following the Upon expiration of the Ramp PeriodTerm, 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”): $84,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

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 the Section titled “Termination”, then Customer will pay, within thirty (30) 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 remaining 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 CreditsWaiver: 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 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 the 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 Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and 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 Company incumbent local exchange carriers (“ILEC”) or Partnership and its affiliates d/b/a Company Wireless. 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 Qualifying Conditions: Customer represents that it satisfies the following conditions as of the Effective Date: Customer is a new Verizon customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK 2004 (FUND OPTION): Customers who (i) enroll in this promotion by January 31, 2007, and (ii) sign and submit a new Service Agreement (“Agreement”) by January 31, 2007, will receive a one-time deposit to its Fund account equal to ten percent (10%) of the Customer’s minimum Annual Volume Commitment for each year of Customer’s term requirement under the Agreement applied as a Fund Deposit. The Fund (“Fund”) is subject to the terms and conditions in Company’s Service Publication and Price Guide (available through Company’s home page as revised from time to time. Company reserves the right to change the Fund or any terms and conditions pertaining to the benefits, and/or participation therein. Fund benefits are not transferable. Any and all tax liabilities and shipping costs arising from participation in the Fund are solely the responsibility of Customer. Company shall not be liable for products, services, and warranties, express or implied, of participating vendors. The Customer may convert its Fund account balance to invoice credits which will be applied on a pro-rata basis to Customer’s first invoice following the end of the annual period in which the Customer makes such request and in each subsequent twelve (12) month period of the Customer’s term of service. Fund deposits earned by Customer as a result of signing the Agreement expire at the end of the Agreement’s Term and are not renewable. The maximum total amount of Fund deposits the Customer can receive under this promotion is $ 100,000. The following promotions are not eligible to be used in conjunction with the promotion described herein: Checkbook 2004 (Credit Option), Checkbook 2004 (Fund Option), Regional Checkbook 2004 (Credit Option). To qualify for this promotion, Customer must demonstrate to Company’s reasonable satisfaction that it will accept a competitor’s offer in the absence of such a further inducement form Company to subscribe to, or remain subscribed to, Company service. Term: 36 12 months following the expiration of the Ramp Period.Sixth Amendment Effective Date. Minimum Annual Volume Commitment (“AVC”): $24,000.00 in Total Service Charges