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: (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 after such termination: (i) an amount equal to 75% of the 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. Initial Term: 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 (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $200,000 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; , then Customer shall will pay an “Underutilization Charge” in 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 this Agreement for Cause, then Customer will pay, as Company’s sole and exclusive remedy for early termination by Customer, within thirty (30) 30 days after such termination: (i) an amount equal to the 75% of the 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. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – V5.0 Initial Term: 36 months Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of 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 $200,000 375,000 in Total Service Charges (“AVC”) in each twelve-month period during 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 during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 75% fifty percent (50%) of the unmet AVC. If: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before the end is terminated early by Customer without Cause or by Verizon with Cause, Customer shall pay an “Early Termination Charge” equal to fifty percent (50%) of the Term unmet AVC for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent Contract Year remaining in the Term, Term plus a pro rata portion of any and all credits received by Customer. Initial Term: 24 months following the expiration of the Ramp Period. Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months months. Commencing on the 4th Amendment Effective Date, the Term will start anew and continue for a period of 72 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”). Minimum Annual Volume Commitment During the Extended Term, either party may terminate the Agreement upon at least sixty (“AVC”): Customer agrees to pay Company no less than $200,000 in Total Service Charges (“AVC”60) in each twelve-month period during the Initial Term (“Contract Year”)...days prior written notice.

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: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before the end of the Term for reasons other than Cause; is terminated early by Customer without Cause or (b) Company terminates the Agreement for by Verizon with Cause, then Customer will pay, within thirty (30) days after such termination: (i) shall pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during for the year of termination, termination and for each subsequent Contract Year remaining in the Term, Term plus a pro rata portion of any and all credits received by Customer. OPTION NO. 59580301 (rev. Feb. 10, Amendment 1) Initial 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 the Agreement upon at least sixty thirty (6030) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum During the Extended Term, either party may terminate the Agreement upon at least thirty (30) days prior written notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $200,000 60,000.00 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 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 after such termination: (i) an amount equal to 75% of the 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V4.0 Mid-term AVC Upgrade Checkbook Promotion Initial Term: 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 (60) days written notice prior to the end of the Initial Term (“Extended Term”). Commencing on the 5th Amendment Effective Date the Term will start anew and continue for 36 months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $200,000 400,000 in Total Service Charges (“AVC”) in each twelve-month period during the Initial Term (“Contract Year”).... Commencing on the 5th Amendment Effective Date the Customer’s AVC is $625,000 for the current Contract Year and any subsequent 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 75100% 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 pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 75100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by CustomerCustomer (excluding credits for billing errors and interstate service credits. Any such applicable Underutilization and/or Early Termination Charges will be prorated for any partial Contract Year. OPTION NO: 66195505 Initial Term: 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 (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $200,000 300,000 in Total Service Charges (“AVC”) in during each twelve-month period during contract year of the Initial Term (“Contract Year”)...Term.