Common use of Termination with Liability Clause in Contracts

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

Appears in 2 contracts

Sources: Service Agreement, Service Agreement

Termination with Liability. If If: (a) the Customer terminates the this agreement before the end of the Initial Term for reason reasons other than for cause of Cause; or (b) the Company terminates the this agreement for cause, Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within 30 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 25 one hundred percent (100%) of the unsatisfied AVC balance remaining during the year of termination, and for each annual period subsequent Contract Year remaining in the unexpired portion of the Initial Term on the date of such terminationTerm, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up-front credits provided to the received by Customer. PromotionsPayment Arrangements: The Customer is eligible for the following promotion as set forth in the Guide: Install Waiver – Digital T1 Access agrees to pay Company invoices within 30 days. Term: 36 12 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 10,000 in Total Service Charges

Appears in 2 contracts

Sources: Service Agreement, Service Agreement