Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s Total Service Charges for the Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. 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, then Customer shall pay, within 30 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 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 the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. IfIn addition, if, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th the 1/12 of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an “"Underutilization Charge” " equal to 25% of the difference between 1/12th the 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period. If, : (Aa) Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) Company terminates this Agreement for Cause, then the Customer shall 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% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid and undisputed charges incurred under this the Agreement, ; and (b) an "“Underutilization Charge" ” in an amount equal to 25% fifty percent (50%) of the difference between the AVC and Customer’s Total Service Charges for the during that Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. If, (A) Customer terminates this the Agreement before the end of the Term for reasons other than Cause, ; or (b) Company terminates this the Agreement for Cause, then Customer shall will pay, within 30 thirty (30) days after such termination: ; (i) all accrued but unpaid and undisputed charges incurred through the date of such termination, plus (ii) an amount equal to 25% fifty percent (50%) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year period remaining in the termTerm, plus and (iii) a pro rata portion of any and all credits received by Customer. Once the Customer.Customer has achieved the AVC in the Third Contract Year, regardless of whether the agreement term has not yet expired. Customer shall not be subject to any underutilization or early termination charges. Underutilization charges or termination associated with any minimum commitment for an individual circuit (Dedicated Network Access); Private Line and Metro Private Line shall be waived in the event that Customer discontinues the circuit or service component: (i) for Cause; and (ii) in order to replace the circuit or service component with one of greater capacity, size or space and that is ordered from Company, where permitted by applicable third party vendor agreements, if any. Credits:

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC, AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” amount equal to 25% of the difference between 1/12th 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If, If (Aa) the Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) the Company terminates this the Agreement for Cause, Cause then the Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the 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. In the Customer.event of early cancellation for OC-3 access service such termination shall not be effective until 30 days after the Company receives written notice of termination and the Customer will pay, within 30 days after such Termination Effective Date: (i) all accrued but unpaid charges for OC-3 access service incurred through the Termination Effective Date, plus (ii) an amount equal to 100% of the Monthly Fees for OC-3 access remaining in the unexpired portion of the circuit term calculated from the Termination Effective Date. Credits:

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC, AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” amount equal to 25% of the difference between 1/12th 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If, If (Aa) the Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) the Company terminates this the Agreement for Cause, Cause then the Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 2535% of the difference between the AVC and the Customer’s 's Total Service Charges for the during that Contract Year. If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC, AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If, If (Aa) the Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) the Company terminates this the Agreement for Cause, Cause then the Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 2535% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC, AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” amount equal to 25% of the difference between 1/12th 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If, If (Aa) the Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) the Company terminates this the Agreement for Cause, Cause then the Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by the Customer.. Credits:

Underutilization and Early Termination Charges. If, in any Contract Year during Year, the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement, ; and (b) an "“Underutilization Charge" ” in an amount equal to 25% fifty percent (50%) of the difference between the AVC and Customer’s Total Service Charges for the during that Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. 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, Cause then Customer shall 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 2550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the Customerfirst or second Contract Year and not yet paid) (“Early Termination Charge”).

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, If Customer’s 's Total Service Charges do not meet or exceed reach the AVC, then AVC in the first (1st) contract year during the Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) pay an "Underutilization Charge" equal to 75% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in the second (2nd) or third (3rd) contract year during the Term, Customer shall pay an amount "Underutilization Charge" equal to 25% of the difference between the AVC and Customer’s Total Service Charges for the Contract Yearunmet AVC. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. If, (A) Customer terminates this the Agreement before the end of the Term first (1st) contract year for reasons other than Cause, ; or (b) Company terminates this the Agreement for Cause, then Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through an amount equal to 75% of the date unsatisfied AVC remaining during the year of such termination, and for each subsequent Contract Year remaining in the Term, plus (iiiii) a pro rata portion of any and all credits received by Customer. If: (a) Customer terminates the Agreement before the end of the second (2nd) or third (3rd) contract years for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within 30 days after such termination: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, If Customer’s 's Total Service Charges do not meet or exceed the AVCTVC at the expiration of the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25% %) of the difference between the AVC TVC and Customer’s 's Total Service Charges for the Contract Year. If, in any monthly billing period during the Extended Initial Term, . If Customer’s Total Service Charges do not meet or exceed 1/12th the Extended Term Commitment at the expiration of the AVCExtended Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an “"Underutilization Charge” " in an amount equal to twenty-five percent (25% %) of the difference between 1/12th of the AVC Extended Term Commitment and Customer’s 's Total Service Charges during such monthly billing periodthe Extended Term. If, : (Aa) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause, ; or (b) Company terminates this Agreement for Cause, Cause pursuant to the Section entitled “Termination,” then Customer shall 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 twenty-five percent (25% %) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year TVC remaining in the termInitial Term, plus (iii) a pro rata portion of any and all credits received by the CustomerCustomer other than credits for refunds of overcharges, reimbursements or credits for service level failures.

Underutilization and Early Termination Charges. If, in any Contract Year during the TermYear, Customer’s Total Service Eligible Usage Charges do not meet or exceed are less than the AVCMVC, then Customer shall will pay: (a1) all accrued but unpaid charges incurred under this Agreement, by Customer; and (b2) an "Underutilization Charge" in an amount underutilization charge equal to 25% of the difference between the AVC and Customer’s Total Service Charges for the Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service 's Eligible Usage Charges during such monthly billing periodContract Year and the MVC. If, If (A1) Customer terminates this Agreement before the end of during the Term for reasons other than for Cause), or (b2) Company terminates this Agreement for Cause, then Customer shall will pay, within 30 after such termination: (ia) all accrued but unpaid charges incurred through the date of such termination, plus ; (iib) an amount equal to 2535% of the unsatisfied AVC remaining during aggregate of the year of termination, MVC(s) (and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion thereof for any partial Contract Year) that would have been applicable for the remaining unexpired portion of the Term on the date of such termination; (c) any and all credits received by Customer hereunder (unless otherwise specified and exclusive of service installation charge credits where minimum payment periods have been satisfied, the CustomerInterstate Service Credits, if any, and foreign tax credits, in full, without setoff or deduction; plus (d) the aggregate termination charges, payable to any third party suppliers or overseas access providers, if any, for which Company is or becomes contractually liable on behalf of Customer in connection with such termination. The termination liability is in addition to any other remedies available to Company. The termination liability shall be in lieu of Company’s right to receive Underutilization Charges for any remaining period of the Term following such termination.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% One Hundred percent (100%) of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. 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, Cause pursuant to the Section entitled “Termination,” then Customer shall 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 remaining during the year of termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. Term and Renewal Options: 36 Months Following the CustomerRamp Period, the Term of the Agreement shall be extended by 12 months.

Underutilization and Early Termination Charges. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 2550% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year (for year one) or 40% for the Contract Yeardifference (for contract year two). If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2530% of the difference between 1/12th of the AVC and Customer’s the Customers Total Service Charges during such monthly billing period. 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, then Customer shall pay, within 30 after such terminationCharges: (i) all accrued but unpaid charges incurred through the date of such termination, plus and 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 (ii) an amount equal to 2550% 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 the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC, AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” amount equal to 25% of the difference between 1/12th 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If, If (Aa) the Customer terminates this Agreement before the end of the Term for reasons other than Cause, ; or (b) the Company terminates this the Agreement for Cause, Cause then the Customer shall will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the 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. Promotion: The Customer is eligible for the Customer.following promotion as set forth in the Guide: Install Waiver – Digital T1 Access

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 25% One Hundred percent (100%) of the difference between the AVC and Customer’s 's Total Service Charges for the during that Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. 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, Cause pursuant to the Section entitled “Termination,” then Customer shall 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 remaining during the year of termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO. 56737200 Term: 36 months Upon expiration of the Customer.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”): $6,000 in Total Service Charges

Underutilization and Early Termination Charges. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to 2550% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year (for year one) or 40% for the Contract Yeardifference (for contract year two). If, If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC, then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2530% of the difference between 1/12th of the AVC and Customer’s the Customers Total Service Charges during such monthly billing period. 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, then Customer shall pay, within 30 after such terminationCharges: (i) all accrued but unpaid charges incurred through the date of such termination, plus 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 (ii) an amount equal to 2550% 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 the Customer.

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, If Customer’s 's Total Service Charges do not meet or exceed the AVCTVC at the expiration of the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25% %) of the difference between the AVC TVC and Customer’s 's Total Service Charges for the Contract Year. If, in any monthly billing period during the Extended Initial Term, . If Customer’s Total Service Charges do not meet or exceed 1/12th the Extended Term Commitment at the expiration of the AVCExtended Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, ; and (b) an “"Underutilization Charge” " in an amount equal to twenty-five percent (25% %) of the difference between 1/12th of the AVC Extended Term Commitment and Customer’s 's Total Service Charges during such monthly billing periodthe Extended Term. If, : (Aa) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause, ; or (b) Company Verizon terminates this Agreement for Cause, Cause pursuant to the Section entitled “Termination,” then Customer shall 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 twenty-five percent (25% %) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year TVC remaining in the termInitial Term, plus (iii) a pro rata portion of any and all credits received by the CustomerCustomer other than credits for refunds of overcharges, reimbursements or credits for service level failures.