Underutilization. If, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 8 contracts
Sources: Service Agreement, Service Agreement, Amendment 28
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRAVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the MVR AVC and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVRAVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges Total Service Charges during such month and the Extension Term MVRAVC and (b) an Underutilization charge equal to 25 percent of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period.
Appears in 6 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Underutilization. If, in any annual period 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 25 32.5 percent of the difference between the MVR and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR. Customer agrees to pay 100% underutilization charges if Customer does not meet or exceed the annual volume commitment for ECR/ICR Feature.
Appears in 3 contracts
Sources: Service Agreement, Amendment 28, Service Agreement
Underutilization. If, in any annual period during the Initial 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 3 contracts
Sources: Amendment 28, Service Agreement, Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRAVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent 25% of the difference between the MVR AVC and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVRAVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVRAVC.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period 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 25 50 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period 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 25 percent 25% of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges 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 25 50 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRAVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the MVR AVC and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVRAVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges Total Service Charges during such month and the Extension Term MVRAVC.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Underutilization. If, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRAVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the MVR AVC and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Extended Term the Customer fails to satisfy the Extension Extended Term MVRAVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to 25 percent of the difference between the Customer’s total service charges Total Service Charges during such month and the Extension Extended Term MVRAVC.
Appears in 1 contract
Sources: Service Agreement
Underutilization. Ifif, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to one-twelfth of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 percent 25% of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the 1/12 of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to 1/12 of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRMinimum Volume Requirement, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month monthly period of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay pay: (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges Charge 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 25 percent of the difference between the MVR and the Customer’s total service charges during in such annual periodmonth and the Extension Term MVR. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRAVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 75 percent of the difference between the MVR AVC and the Customer’s total service charges Total Service Charges during such annual period. If during any month of the Extension Extended Term the Customer fails to satisfy the Extension Extended Term MVRAVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges Total Service Charges during such month and the Extension Extended Term MVRAVC.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 percent (25%) of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to 1/12 of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 twenty-five percent (25%) of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to 1/12 of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVRMinimum Volume Requirement, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 100 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month monthly period of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay pay: (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 25% percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to one-twelfth (1/12) of the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 percent 50% of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Amendment 28
Underutilization. If, in any annual period 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 this agreement and (b) an underutilization Underutilization charge in an amount equal to 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period 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 25 75 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Appears in 1 contract
Sources: Service Agreement
Underutilization. If, in any annual period during the Initial 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 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between 1/12 of AVC and the Customer’s total service charges during such month and the Extension Term MVRmonthly billing period.
Appears in 1 contract
Sources: Service Agreement