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 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 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 $60,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”).

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 75% 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 Cause or by before the Company with end of the Term for reasons other than Cause, or (b) Company terminates the Agreement for Cause, then Customer shall pay will pay, within thirty (30) days of termination (i) an “Early Termination Charge” 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 v5.0 RVP Checkbook – Monthly Option (3-5 Year Term) 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 3rd Amendment Effective Date, the Initial Term will start anew and continue for 36 months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 120,000 in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)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 7550% 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 7550% 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 Initial REGIONAL CHECKBOOK 2004 (INVOICE CREDIT OFFER) 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 this 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 this Agreement upon at least sixty (“AVC”): Customer agrees to pay Company no less than 60) days prior written notice. 1 $60,000 in 21,000 2 $120,000 3 $120,000 During each monthly billing period of the Extended Term, Customer’s Total Service Charges in each twelve month period during must equal or exceed one-twelfth (1/12) of the Initial Term (“Contract Year”)AVC.

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 75% 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 Cause or by before the Company with end of the Term for reasons other than Cause, or (b) Company terminates the Agreement for Cause, then Customer shall pay will pay, within thirty (30) days of termination (i) an “Early Termination Charge” 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion LD Voice Contract Renewal Promotion RVP Checkbook – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 Monthly Option (1 Year Term) 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 $60,000 in Total Service Charges (“AVC”) in each twelve month period during the Initial Term (“Contract Year”)Term.

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 75% of the unmet AVC. If (a) Customer’s Total Service Charges do not reach terminates the AVC in any contract year because agreement before the end of the Term for reasons other than Cause or (b) Company terminates the Agreement is terminated early by for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay an “Early Termination Charge” within 30 days after such termination: (i) and amount equal to 75% 75%of the unsatisfied AVC remaining during the year of termination and for each subsequent Contract Year remaining in the unmet AVC Term, 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: On the Network V Cross Connect RVP Checkbook – Monthly Option V2.0 (3-5 Year Term) Tier A Flat Rate Access Promotion (New/Renewing Customers) Tier B Flat Rate Access Promotion (New/Renewing Customers) LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 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 $60,000 500,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”).

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 7525% 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 before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 7525% of the unmet AVC Term 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 Initial Term: 36 months Extended Term: 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 $60,000 6,000,000 in Total Service Charges in during each contract year (“AVC”). A contract year means each consecutive twelve (12) month period during of the Initial Term commencing on the Effective Date. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (“Contract Year”)1/12th) of the AVC.

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 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 If: (a) Customer terminates the Agreement is terminated early by 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 without Cause or by the Company with Causewill pay, Customer shall pay within thirty (30) days after termination; (i) an “Early Termination Charge” amount equal to 75% of the unmet 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 v5.0 OPTION NO: 66857900 . 61177701, Amendment 2 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 During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 4,500.00 in Total Service Charges in each twelve month period during the Initial Term (“Contract YearAVC”)) during each contract year of the Term.

Underutilization and Termination with Liability. 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 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 must pay, within thirty (30) days after such termination: (i) an “Early Termination Charge” 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. PromotionsPayment Arrangements: The Customer is eligible must pay for Company service within 30 days of the following promotions as set forth in Customer’s receipt of the Guide: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 Company’s invoice. 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”). 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 $60,000 100,000.00 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”)Term.

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 pay: an “"Underutilization Charge” " equal to 7550% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year 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 7550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Customer cannot have more than thirty (30) individual CLLI codes at the flat rate price of $300.00. If Customer fails to satisfy this condition, then Company reserves the right to charge Customer, and Customer agrees to pay standard list rates for each additional CLLI code. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 INSTALL WAIVER-DIGITAL T1 ACCESS PROMOTION DATA CENTER COLOCATION ACCESS PROMOTION 1 (SAME BUILDING) 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 During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 6,000.00 in Total Service Charges in each twelve month period during the Initial Term (“Contract YearAVC”)) during each contract year of the Term.

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 7525% 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 before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 7525% of the unmet AVC Term 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 Initial Term: 36 months Extended Term: 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 $60,000 6,000,000 in Total Service Charges in during each contract year (“AVC”). A contract year means each consecutive twelve (12) month period during of the Initial Term commencing on the Effective Date. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (“Contract Year”)1/12th) of the AVC.

Underutilization and Termination with Liability. 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 7525% 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 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: On the Network V Cross Connect Promotion LD Voice CHECKBOOK 2004 – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 2 YEAR (CREDIT OPTION) CONFERENCING SUPER SAVER PROMOTION Initial Term: 36 48 months 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”). Minimum Annual Volume Commitment During the Extended Term, either party may terminate this Agreement upon at least sixty (“AVC”): Customer agrees to pay Company no less than 60) days prior written notice. 1 $60,000 in 6,000 2 $182,000 3 $1,000,000 4 $1,400,000 During each monthly billing period of the Extended Term, Customer’s Total Service Charges in each twelve month period during must equal or exceed one-twelfth (1/12) of the Initial Term (“Contract Year”)AVC.

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 pay: an “"Underutilization Charge” " equal to 7550% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year 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 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: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 66857900 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 During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Commencing on the 16th Amendment Effective Date, Customer's Initial Term shall start anew and continue for thirty-six (36) months. Annual Volume Commitment (“AVC”): N/A Annual Volume Commitment: Commencing on the 16th Amendment Effective Date, Customer agrees to pay Company no less than $60,000 13,000,000 in Total Service Charges in each twelve twelve-month period during the Initial Term (“"Contract Year”"), which is the annual volume commitment ("AVC").