Common use of Billing and Fees Clause in Contracts

Billing and Fees. In consideration of the Deliverables provided under the Customer Agreements, Customer shall pay LightEdge the amounts itemized on the applicable Customer Agreements plus any applicable excise, sales, use, or other taxes and regulatory fees at the rate in effect at the time the Deliverable is provided. Customer shall also pay LightEdge for any supplemental charges applicable to the Deliverables, such as charges for incremental usage, design changes, Managed Service relocation, maintenance, and expedites requested by Customer. It is understood that changes to these rates and supplemental charges may be made from time to time, under the terms of the applicable Customer Agreement. For any adjustments resulting in material additional or material increased charges or a material reduction in service for any Managed Service, Customer shall have the right to cancel the affected Managed Service(s), without penalty, by sending notification to xxxxxxxxxxxx@xxxxxxxxx.xxx from an authorized representative of Customer within 30 days of notification of adjustment; provided that no such right to cancel shall apply if LightEdge mitigates the change to be non-material to those categories of items set forth in “Certain Pricing Matters” on Addendum 1. Once email notification has been received, LightEdge will then acknowledge Customer’s request with a return receipt of the notification. At that time, LightEdge will, at its option, continue the Managed Service under the prior charging arrangement or prior level of service, which would result in no termination of the Managed Service, or cancel the Managed Service. Failure to provide written notification of cancellation within this time period shall be deemed acceptance of the changed terms.

Billing and Fees. In consideration of the Deliverables provided under the Customer AgreementsServices provided, Customer shall pay LightEdge the amounts those fees itemized on the applicable Customer Purchase Agreements plus any applicable excise, sales, use, or other taxes and regulatory fees at the rate in effect at the time the Deliverable Service is provided. Customer shall also pay LightEdge for any supplemental charges applicable to the DeliverablesServices, such as charges for incremental usage, design changes, Managed Service relocation, maintenance, maintenance and expedites requested by Customer. It is understood that changes to these rates and supplemental charges may be made from time to time, under the terms of the applicable Customer Service Agreement, including, without limitation, that cage floor space charges will be subject to a three (3) percent annual price escalation on the anniversary date of the Actual Start Date for such services. For any adjustments resulting in material additional or material increased charges or a material reduction in service Service for any Managed Service, excluding the cage floor space escalation and changes set forth in Section 5 (“Regulatory-related Rate Adjustments”), Customer shall have the right to cancel the affected Managed Service(s), without penalty, by sending notification to xxxxxxxxxxxx@xxxxxxxxx.xxx from an authorized representative of Customer within 30 days of notification of adjustment; provided that no such right to cancel shall apply if LightEdge mitigates the change to be non-material to those categories of items set forth in “Certain Pricing Matters” on Addendum 1. Once email notification has been received, LightEdge will then acknowledge Customer’s request with a return receipt of the notification. At that time, LightEdge will, at its option, continue the Managed Service under the prior charging arrangement or prior level of service, which would result in no termination of the Managed Service, or cancel the Managed Service. Failure to provide written notification of cancellation within this time period shall be deemed acceptance of the changed terms.