Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 75% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice - PRI / T1 Flat Rate Promotion Install Waiver – Digital T1 Access General Installation Waiver Promotion v6.0 Flat Rate T1 Access Promotion V2.0 (New/Renewing Customers) Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the 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 the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $30,000 in Total Service Charges (“AVC”) in each twelve-month period during the Initial Term (“Contract Year”).

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 7525% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 7525% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice - PRI / T1 Flat Rate Promotion Install Waiver RVP Checkbook – Digital T1 Access Monthly Option – v2.0 General Installation Waiver Promotion – v6.0 Flat Rate T1 Access On the Network Cross Network Promotion V2.0 – v3.0 Conferencing – Fresh Start Promotion (New/Renewing Customersgreater than $120,000 AVC) – v3.0 Initial Term: 24 84 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the 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 The terms of the Agreement upon at least sixty (60) days prior written noticewill continue to apply during any service-specific commitments that extend beyond the Term. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $30,000 237,000 in Total Service Charges (“AVC”) in during each twelve-month period during contract year of the Initial Term (“Contract Year”)Term.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any contract year Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 7550% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 7550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice - PRI / T1 Flat Rate Promotion Install Waiver – Digital T1 Access General Installation Waiver Promotion v6.0 Flat Rate T1 Access Promotion V2.0 (New/Renewing Customers) Initial VERIZON BUSINESS SERVICES 90-DAY SATISFACTION PROMOTION INSTALL WAIVER-DOMESTIC PRIVATE LINE PROMOTION GENERAL INSTALLATION WAIVER PROMOTION Term: 24 36 months Commencing on the 1ST Amendment Effective Date, the Initial Term will start anew. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the 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 the this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $30,000 6,000 in Total Service Charges (“AVC”) Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $4,500 in each twelve-month period during the Initial Term (“Total Service Charges, or a pro rata portion thereof for any partial Contract Year”).

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 75% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice RVP Checkbook – Monthly Option (3 - PRI / T1 Flat Rate Promotion Install Waiver – Digital T1 Access 5 Year Term) based on $12,000 AVC General Installation Waiver Promotion v6.0 Flat Rate T1 Access Promotion V2.0 (New/Renewing Customers) – v4.0 Initial Term: 24 12 months Upon expiration The “Initial Term” begins on the effective date and ends upon the completion of the Termthirty-six (36) months, at which time the Agreement will be is automatically extended (“Extended Term”) on a month-to-month basis unless until either party terminates the Agreement it 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 the Agreement upon at least sixty (60) 60 days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $30,000 600.00 in Total Service Charges (“AVC”) in each twelve-month period during the Initial Term (“Contract Year”), which is the annual volume commitment (“AVC”).

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 7550% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 7550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice - PRI / T1 Flat Rate Promotion Install Waiver – Digital T1 Access General Installation Waiver Promotion v6.0 Flat Rate T1 Access Promotion V2.0 (New/Renewing Customers) Verizon Business Services 90 Day Satisfaction Guarantee OPTION NO. 59315005 Initial Term: 24 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty thirty (6030) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty thirty (6030) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $30,000 12,000.00 in Total Service Charges (“AVC”) in during each twelve-month period during contract year of the Initial Term (“Contract Year”)Term.