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: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of such termination: (i) an amount equal to 75% of the unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Service Agreement
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Amendment 6
Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, Cause then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Service Agreement
Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Customer will a credit equal to $15,000 applied against Customer's designated Service Charges incurred for Interstate and International Services.
Appears in 1 contract
Sources: Amendment 4
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.. Waiver:
Appears in 1 contract
Sources: Amendment 6
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Payment Arrangements: The Customer must pay for Company service within 30 days of the date of the Company’s invoice.
Appears in 1 contract
Sources: Amendment 3
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 7525% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 7525% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Service Agreement
Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, ; Customer shall pay an “"Underutilization Charge” " equal to 7525% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 7525% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Termterm, plus (ii) a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Amendment 28
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, Cause then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Customer will receive three credits, each equal to $36,000, applied against Customer's designated Service Charges incurred for Interstate and International Services.
Appears in 1 contract
Sources: Amendment 4
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, 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: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 7550% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.
Appears in 1 contract
Sources: Option Agreement
Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Conversion Credit: Customer will receive a credit equal to $6,450 to be applied against Customer’s Total Service Charges incurred for interstate and international services.
Appears in 1 contract
Sources: Amendment 4
Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay an “"Underutilization Charge” ' equal to 75% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, then Customer will pay, within thirty (30) days of after such termination: (i) an amount equal to 75100% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, Term plus (ii) a pro rata portion of any and all credits received by Customer, less any termination charges paid by Customer pursuant to the Agreement.
Appears in 1 contract
Sources: Option No. 238995
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 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will shall pay, within thirty (30) days of after such termination: (i) an amount equal to 75% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: One Time Credit: Migration Credit: Customer will receive a credit equal to $19,725 to be applied against Customer's designated Total Service Charges incurred for Interstate and International Services.
Appears in 1 contract
Sources: Service Agreement