Common use of AVC Underutilization and Early Termination Charges Clause in Contracts

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 OPTION NO 55124200 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 Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. Discounts:

AVC Underutilization and Early Termination Charges. If If, in any contract year, Customer’s 's Total Service Charges do not reach meet or exceed the AVC in any contract year during the Schedule F TermAVC, then Customer shall pay: (a) all accrued but unpaid charges incurredincurred under the Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that contract year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the agreement, and (b) an “Underutilization ChargeCharges” in an amount equal to 100% of the difference between 1/12 of the AVC and Customer’s Total Service Charges during such contract yearmonthly period. If: (a) Customer terminates the Agreement or before the Schedule F end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) Company terminates the Agreement of the Schedule F for Cause, 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 10025% 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 Customer. Option 67508306, May 16, Amendment 13 Initial Term: 24 months following 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 expiration of the U.S. provided under this Agreement except Ramp Period. Commencing on the 13th Amendment Effective Date, the Initial Term shall start anew and continue for ECR Service, Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or nonthirty-published number, any charges imposed by third parties six (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived36) months. 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 OPTION NO 55124200 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 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 this the 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 Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. Discounts:.

AVC Underutilization and Early Termination Charges. If If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not reach meet or exceed the AVC in any contract year during the Schedule F TermAVC, then Customer shall pay: (a) all accrued but unpaid charges incurredincurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 10025% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year. If, in any Extended Period, Customer's Total Service Charges do not meet or exceed the Extended Period Minimum then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an "Underutilization Charge" equal to 25% of the difference between the Extended Period Minimum and Customer's Total Service Charges during such contract yearExtended Period. If: (a) Customer terminates this Agreement before the Agreement or end of the Schedule F Initial Term for reasons other than Cause; or (b) Company terminates this Agreement before the Agreement end of the Schedule F Initial Term for Cause, Cause pursuant to the Section entitled “Termination,” then Customer will pay, within thirty (30) 30 days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 10025% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Schedule F Initial Term, plus (iii) a pro rata portion of any and all credits received by Customer. If (a) 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 OPTION NO 55124200 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 before the end of the Initial Term (“an in-force 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 Period for Services provided under this Agreement, specifically excluding: (a) Taxesreasons other than Cause; or (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless chargesterminates this Agreement before the end of an in-force Extended Period pursuant to the Section entitled “Termination,” then Customer will pay, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and within 30 days after such termination: (i) other all accrued but unpaid charges expressly excluded by this Agreement. Discounts:incurred through the date of such termination, plus (ii) an amount equal to 25% of the unsatisfied Extended Period Minimum remaining during such Extended Period.