Common use of Calculation of Termination Charge Incurred During the Initial Service Term Clause in Contracts

Calculation of Termination Charge Incurred During the Initial Service Term. If you incur a Termination Charge during your Initial Service Term, the Termination Charge shall equal the sum of the following: (1) all unpaid amounts for Services actually provided prior to the early termination date; (2) any non-recurring charges associated with the terminated Service(s) that have not yet been paid to Astound; (3) any disconnection or other early termination charges Astound reasonably incurs on your behalf in connection with the early termination; and (4) the greater of (A) any buy-out payment Astound made to you in connection with the Service(s) being terminated, or (B) the monthly recurring charges for the Service(s) that are being terminated multiplied by the number of months then-remaining in the Initial Service Term (partial months to be pro-rated). You expressly acknowledge and agree that the calculation of the Termination Charge set forth above is a genuine estimate of Astound’s actual damages in the event of the early termination of your Service(s) during the Initial Service Term and is not a penalty.

Calculation of Termination Charge Incurred During the Initial Service Term. If you incur a Termination Charge during your Initial Service Term, the Termination Charge shall equal the sum of the following: (1) all unpaid amounts for Services actually provided prior to the early termination date; (2) any non-recurring charges associated with the terminated Service(s) that have not yet been paid to AstoundRCN; (3) any disconnection or other early termination charges Astound RCN reasonably incurs on your behalf in connection with the early termination; and (4) the greater of (A) any buy-out payment Astound RCN made to you in connection with the Service(s) being terminated, or (B) the monthly recurring charges for the Service(s) that are being terminated multiplied by the number of months then-remaining in the Initial Service Term (partial months to be pro-rated). You expressly acknowledge and agree that the calculation of the Termination Charge set forth above is a genuine estimate of AstoundRCN’s actual damages in the event of the early termination of your Service(s) during the Initial Service Term and is not a penalty.