Underutilization Charges. If, in any contract year, the Customer’s Usage Charges are less than the Annual Minimum, the Customer will pay: (1) all accrued but unpaid Usage Charges and other charges incurred by Customer, and (2) an underutilization charge equal to during the Term, the Customer’s Total Service Charges do not meet or exceed the MVR, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to seventy-five percent (75%) of the difference between the applicable Annual Minimum and Customer’s Usage Charges during such contract year.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement