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 50% 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 50% 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 – 3 Plus Years Flex T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus Promotion OPTION NO: 327745 Initial Term: 60 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): N/A Data Services:

Underutilization and Termination with Liability. If the 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with Causecause, the Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC 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 INSTALL WAIVER – Monthly Option DIGITAL T1 ACCESS INSTALL WAIVER – DOMESTIC RIVATE LINE REGIONAL CHECKBOOK – MONTHLY OPTION – 3 Plus Years Flex T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus Promotion OPTION NO: 327745 Initial PLUS YEARS Term: 60 12 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”). The terms of During the Extended Term, either party may terminate this Agreement will continue to apply during any service-specific commitments that extend beyond the Termupon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): N/A Data Services:$3,000.00 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 5025% 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 5025% 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: General Installation Waiver Promotion – V5.0 Conferencing – Fresh Start Promotion – (Greater than $120,000 AVC) Regional Checkbook – Monthly Option – 3 Plus 2 Years Flex T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus Promotion OPTION NO: 327745 328202 Initial Term: 60 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 (60) 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”): N/A Data Services:$0.00 in Total Service Charges (“AVC”) 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 50% 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 50% 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 INSTALL WAIVER – Monthly Option – 3 Plus Years Flex DIGITAL T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus Promotion OPTION NO: 327745 ACCESS ON THE NETWORK V LIT BUILDING ACCESS PROMOTION Initial Term: 60 24 months Commencing on the 3rd Amendment Effective Date, the Initial Term will start anew and continue for a period of 24 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”). The terms of During the Extended Term, either party may terminate the Agreement will continue to apply during any service-specific commitments that extend beyond the Termupon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): N/A Data Services:$60,000.00 in Total Service Charges (“AVC”) during each contract year of the 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 50% 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 50% 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 REGIONAL CHECKBOOK – Monthly Option MONTHLY OPTION – 3 Plus Years Flex T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus Promotion PLUS YEARS PROMOTION GENERAL INSTALLATION WAIVER PROMOTION –V3.0 OPTION NO: 327745 . 64986900 Initial Term: 60 24 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”). The terms of During the Extended Term, either party may terminate the Agreement will continue to apply during any service-specific commitments that extend beyond the Termupon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): N/A Data Services:$24,000.00 in Total Service Charges (“AVC”) 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 5075% 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 5075% 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: Regional RVP Checkbook – Monthly Option – 3 Plus Years Flex T1 (3-5 Year Term) General Installation Waiver Promotion – V5.0 Flat Rate T1 Access Promotion V2.-0 (Enhanced PackageNew/Renewing Customers) LD Voice – Inbound Stimulus Flat Rate T3 Access Promotion OPTION NO: 327745 V4.-0 (New/Renewing Customers) Initial Term: 60 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 (60) 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”): N/A Data Services:$36,000 in Total Service Charges (“AVC”) 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 50% 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 50% 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 – 3 Plus Years Flex Local Voice – PRI/T1 Flat Rate Promotion Conferencing – Fresh Start Promotion – (Enhanced PackageGreater than $120,000) LD Voice General Installation Waiver Promotion – Inbound Stimulus Promotion V5.0 OPTION NO: 327745 64808909 Initial Term: 60 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): N/A Data Services:$85,000 in Total Service Charges (“AVC”) 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 50% 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 50% 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: Regional Checkbook – Monthly Option – 3 Plus Years Company Bus Services 90 Day Satisfaction Guarantee Flex T1 Promotion – (Enhanced Entry Package) LD Voice Checkbook – Inbound Stimulus Promotion OPTION NOSingle Credit Option Option: 327745 66190903 Rev Sept 12 Amendment 1 Initial Term: 60 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): N/A Data Services:$4,500 in Total Service Charges (“AVC”) 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 50% 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 50% 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 – 3 Plus Years Flex T1 Promotion – (Enhanced Package) LD Voice – Inbound Stimulus - VSSI Interlata Pic Credit Promotion OPTION NO: 327745 General Installation Waiver Promotion - V6.0 LD Voice - Interlata Pic Fee Credit Promotion Local Voice - PRI/ T1 Flat Rate Promotion Initial Term: 60 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): N/A Data Services:$12,000 in Total Service Charges (“AVC”) during each contract year of the Term.