Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. 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 25% 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 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety (90) days written notice prior to the end of the Initial Term (“Extended Term”).

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 25% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 25% 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 3 PLUS YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) GENERAL INSTALLATION WAIVER PROMOTION –V3.0 OPTION NO. 61689700, Amendment 1 Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) 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. Annual Volume Commitment (“AVC”): $7,500.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1ST Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $4,500.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year.

Underutilization and Termination with Liability. If If, during the Initial Term, Customer's Total Service Charges do not reach meet or exceed the AVCTVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in any Contract Year an amount equal to 50% of the difference between the TVC and Customer's Total Service Charges during the Initial Term. If: (a) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination: Disconnection Notice,” then Customer will pay, Customer shall pay within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an “Underutilization Charge” amount equal to 2550% of the unmet AVC. If Customer’s Total Service Charges do not reach TVC remaining on the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Causedate of such termination, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – MONTHLY v 5.0 OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) NO: 768952701 Initial Term: 36 24 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”). Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $40,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”) which is the annual volume commitment (“AVC”).

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 25% of the unmet 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 Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAVIER-DIGITAL T1 ACCESS PROMOTION REGIONAL CHECKBOOK – MONTHLY OPTION – 2 CHECKBOOK-MON THLY OPTION-3 PLUS YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) Initial Term: 36 months Commencing on the 21st 6th Amendment Effective Date, the Customer elects to extend Term will start anew and continue for a period of 48 months. Commencing on the Term of the Agreement for the second one year Extended Term. After the end of the Term10th Amendment Effective Date, the Term may will be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice a period of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be24 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 ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”).

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 2575% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 2575% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) Initial Term: 36 12 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”). Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Commencing on the 5h Amendment Effective Date, the Initial Term shall start anew and continue for twelve (12) months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”). Commencing on the 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $925,000 in Total Service Charges.

Underutilization and Termination with Liability. 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 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because during the Agreement is terminated early by Customer without Cause or by the Company with CauseInitial Term, Customer shall pay pay: an “Early Termination "Underutilization Charge” " equal to 2575% 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 pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days after 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 unsatisfied AVC 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION LD VOICE – (7% INVOICE CREDIT) INBOUND STIMULUS PROMOTION LD VOICE – OUTBOUND STIMULUS PROMOTION GENERAL INSTALLATION WAIVER PROMOTION –V4.0 OPTION NO. 63240614 Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) 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. Annual Volume Commitment (“AVC”): $600,000.00 in Total Service Charges (“AVC”) during each contract year of the Term.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 25% of the unmet 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 Customer. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) The Customer is eligible for the following promotions as set forth in the Guide: Install Waiver - Digital T1 Access Promotion Regional Checkbook - Monthly Option - 3 Plus Years Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) 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. Renewal Term: Commencing on the 2nd Amendment Effective Date, the Term will start anew and continue for a period of 36 months.

Underutilization and Termination with Liability. 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 2575% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by Customer without before the end of the Term for reasons other than Cause or by (b) Company terminates the Company with Agreement for Cause, then Customer shall pay will pay, within 30 days after such termination: (i) an “Early Termination Charge” amount equal to 2575% 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. Qualifying Condition: Customer must have used at least 25,000 minutes in conferencing usage with all conference service providers combined in the calendar month immediately preceding the 3rd Amendment Effective Date. Customer may not have used more than $2,500 in Audio and Net Conferencing Services with Company in the calendar month immediately preceding the 3rd Amendment Effective Date. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion –V3.0 RVP Checkbook – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) 3+ Year Term Initial Term: 36 12 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. 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 ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500 in Total Service Charges (“AVC”) during each contract year of the Term.