AVC Underutilization and Early Termination Charges Sample Clauses

AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year during the Schedule F Term, then Customer shall pay: (a) all accrued but unpaid charges incurred; and (b) an “Underutilization Charge” in an amount equal to 100% of the difference between the AVC and Customer’s Total Service Charges during such contract year. If: (a) Customer terminates the Agreement or the Schedule F Term for reasons other than Cause; or (b) Company terminates the Agreement of the Schedule F for Cause, then Customer will pay, within thirty (30) days after such termination; (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Schedule F Term, plus (iii) a pro rata portion of any and all credits received by Customer under the Schedule F. Waivers: Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for ECR Service, Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. One-time installation charges for Network Access are waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: On the Network V Lit Building Access Promotion Term: 12 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $6,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Compan...
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AVC Underutilization and Early Termination Charges. 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: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 50% of the 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.
Sample 1
AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the TVC at the end of the Initial Term; Customer shall pay an “Underutilization Charge” equal to one hundred percent (100%) of the unmet TVC. 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, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to one hundred (100%) of the unsatisfied TVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer.
Sample 1
AVC Underutilization and Early Termination Charges. 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.
Sample 1
AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not equal to exceed the AVC in any contract year during the Term; Customer shall pay an “Underutilization Charge” equal to 80% 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, then Customer will pay, within thirty days after such termination an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Initial Term, plus (ii) a pro rata portion of the Sign Up Credit received by Customer. For any contract year in which Customer’s Total Service Charges do not equal or exceed the AVC, then Company will allow up to $500,000.00 of Customer’s monthly recurring and usage charges (not including Taxes or Governmental Charges) incurred during such contract year for Company Wireless services, to contribute to Customer’s satisfaction of the AVC for such contract year.
Sample 1
AVC Underutilization and Early Termination Charges. If, in any contract year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; and (b) an "Underutilization Charge" in an amount equal to 50% of the difference between the AVC and Customer's Total Service Charges during that contract year If (a) the Customer terminates the Agreement before the end of the Term for reasons other than Cause (as defined in the Agreement); or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 50% of the unsatisfied AVC remaining during the year of the 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. .
Sample 1
AVC Underutilization and Early Termination Charges. 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 terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such 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 Term, plus a pro rata portion of any and all credits received by Customer. Migration Credit: Customer will receive a $14,000 credit applied against Customer’s designated Service Charges incurred for Interstate and International Services.
Sample 1
AVC Underutilization and Early Termination Charges. If, in any contract year that Customer is subject to an AVC requirement, Customer’s Total Service Charges do not reach the AVC in the 1st and 2nd contract years during the Term, Customer shall pay an “Underutilization Charge” equal to 35% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in the 3rd, 4th and 5th years during the Term, Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. If in the 1st and 2nd contract year (a) Customer terminates the Agreement before the end of the term for any other reason other than Cause or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 35% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. If in the 3rd, 4th and 5th contract years: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause, or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 25% of the 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. One Time Credit Data Center Services Non-Recurring Installation Charges: Customer will receive a credit equal to $84,000 applied against Customer's designated Service Charges incurred for Interstate Services.
Sample 1

Related to AVC Underutilization and Early Termination Charges

  • Underutilization and Early Termination Charges 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 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.

  • Early Termination Charges ‌ 4.1. Each Wholesale Service is subject to a Minimum Service Term. 4.2. If: 4.2.1. a Service Provider terminates or otherwise relinquishes a Wholesale Service prior to the expiry of the applicable Minimum Service Term (other than where the Service Provider has terminated the Agreement or the applicable Service Order in accordance with clause 22.1 of the General Terms); or 4.2.2. the LFC terminates the supply of a Wholesale Service prior to the expiry of the applicable Minimum Service Term in accordance with clause 22.1 of the General Terms, and that Wholesale Service is or was the first Wholesale Service to be provided to the relevant End User Premises, Service Provider Premises or NBAP (as applicable) using the LFC Network (an Early Termination Event) then early termination charges (Early Termination Charges) may be payable by the Service Provider. 4.3. This section 4 sets out when Early Termination Charges are payable by the Service Provider and how those Early Termination Charges are calculated. 4.4. The LFC may, at its discretion, elect to waive Early Termination Charges that become payable by the Service Provider.

  • CONTRACT MANAGEMENT AND EARLY TERMINATION 14 8.1 Contract Remedies. 14 8.2 Termination for Convenience 14 8.3 Termination for Cause 14 9.1 Amendment 15 9.2 Insurance 15 9.3 Legal Obligations 15 9.4 Permitting and Licensure 16 9.5 Indemnity 16 9.6 Assignments 16 9.7 Independent Contractor 17 9.8 Technical Guidance Letters 17 9.9 Dispute Resolution 17 9.10 Governing Law and Venue 17 9.11 Severability 17 9.12 Survivability 18 9.13 Force Majeure 18 9.14 No Waiver of Provisions 18 9.15 Publicity 18 9.16 Prohibition on Non-compete Restrictions 19 9.17 No Waiver of Sovereign Immunity 19 9.18 Entire Contract and Modification 19 9.19 Counterparts 19 9.20 Proper Authority 19 9.21 E-Verify Program 19 9.22 Civil Rights 19 9.23 System Agency Data 21 v. 2 16.1 Effective 03/26/2019 HHSC Grantee Uniform Terms and Conditions Page 3 of 21

  • Termination Charges Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.

  • Early Termination Fees The amount if an Early Termination Fee that we are entitled to charge is: (a) the amount specified in or calculated in accordance with the relevant Plan; or (b) otherwise, a reasonable estimate of our lost profit as a result of an early termination.

  • Alternative Calculations and Payment on Early Termination and on Certain Extraordinary Events If (a) an Early Termination Date (whether as a result of an Event of Default or a Termination Event) occurs or is designated with respect to the Transaction or (b) the Transaction is cancelled or terminated upon the occurrence of an Extraordinary Event (except as a result of (i) a Nationalization, Insolvency or Merger Event in which the consideration to be paid to holders of Shares consists solely of cash, (ii) a Merger Event or Tender Offer that is within Counterparty’s control, or (iii) an Event of Default in which Counterparty is the Defaulting Party or a Termination Event in which Counterparty is the Affected Party other than an Event of Default of the type described in Section 5(a)(iii), (v), (vi), (vii) or (viii) of the Agreement or a Termination Event of the type described in Section 5(b) of the Agreement, in each case that resulted from an event or events outside Counterparty’s control), and if Dealer would owe any amount to Counterparty pursuant to Section 6(d)(ii) of the Agreement or any Cancellation Amount pursuant to Article 12 of the Equity Definitions (any such amount, a “Payment Obligation”), then Dealer shall satisfy the Payment Obligation by the Share Termination Alternative (as defined below), unless (a) Counterparty gives irrevocable telephonic notice to Dealer, confirmed in writing within one Scheduled Trading Day, no later than 12:00 p.m. (New York City time) on the Merger Date, Tender Offer Date, Announcement Date (in the case of a Nationalization, Insolvency or Delisting), Early Termination Date or date of cancellation, as applicable, of its election that the Share Termination Alternative shall not apply, (b) Counterparty remakes the representation set forth in Section 8(f) as of the date of such election and (c) Dealer agrees, in its sole discretion, to such election, in which case the provisions of Section 12.7 or Section 12.9 of the Equity Definitions, or the provisions of Section 6(d)(ii) of the Agreement, as the case may be, shall apply.

  • Early Termination of Agreement This agreement may be terminated at any time upon a thirty (30) day written notice from either party, and without fault or claim for damages by either party.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

  • Acceleration Termination of Facilities Declare the principal of and interest on the Loans, the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (other than any Hedging Agreement) (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented the documents required thereunder) and all other Obligations (other than Obligations owing under any Hedging Agreement), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(i) or (j) with respect to the Credit Parties, the Credit Facility shall be automatically terminated and all Obligations (other than obligations owing under any Hedging Agreement) shall automatically become due and payable.

  • Payment on Early Termination Upon termination pursuant to Section 14 (Early Termination), District shall pay Contractor as follows: (i) If District terminates this Contract for its convenience under Section 14(a) or 14(b), then District must pay Contractor for work performed before the termination date if and only if Contractor performed in accordance with this Contract. District shall not be liable for any direct, indirect, or consequential damages. Termination by District shall not constitute a waiver of any other claim District may have against Contractor. (ii) If Contractor terminates this Contract under Section 14(c) due to District’s breach, then District shall pay Contractor for work performed before the termination date if and only if Contractor performed in accordance with this Contract. (iii) If District terminates this Contract under Sections 14(c) or 14(d) due to Contractor’s breach, then District must pay Contractor for work performed before the termination date less any setoff to which District is entitled and if and only if Contractor performed such work in accordance with this Contract.