Common use of Cancellation and Termination Charges Clause in Contracts

Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to the delivery of a Connection Notice upon written notice to Tier1 Access LLC identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Tier1 Access LLC a cancellation charge equal to the sum of: (i) for “off-net” Service, third party termination charges for the cancelled Service; (ii) for “on- net” Service, 1 month’s monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Tier1 Access LLC’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate specified Service(s) after the delivery of a Connection Notice upon 30 days’ written notice to Tier1 Access LLC. If Customer does so, or if Service is terminated by Tier1 Access LLC hereunder as the result of Customer’s default, Customer shall pay Tier1 Access LLC a termination charge equal to the sum of: (i) all unpaid amounts for Service actually provided; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; (iii) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (iv) if not recovered by the foregoing, any termination liability payable to third parties resulting from the termination and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereunder. Customer acknowledges that the charges in this Section are a genuine estimate of Tier1 Access LLC’s actual damages and are not a penalty.

Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to the delivery of a the Connection Notice upon written notice to Tier1 Access LLC Level 3 identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Tier1 Access LLC Level 3 a cancellation charge equal to the sum of: (iI) for “"off-net” " Service, third party termination charges for the cancelled Service; (ii) for “on- net” 'on-net Service, 1 month’s 's monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Tier1 Access LLC’s Level 3's out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate specified Service(s) Service after the delivery of a the Connection Notice upon 30 days’ ' written notice to Tier1 Access LLCLevel 3 identifying the terminated Service. If Customer does so, or if Service is terminated by Tier1 Access LLC hereunder Level 3 as the result of an uncured default by Customer’s default, Customer shall pay Tier1 Access LLC Level 3 a termination charge equal to the sum of: (i) all unpaid amounts for Service actually providedprovided through the date of termination; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; and (iii) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (iv) if not recovered by the foregoing, any termination liability payable to third . The parties resulting from the termination and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereunder. Customer acknowledges agree that the charges in this Section are a genuine estimate of Tier1 Access LLC’s Level 3's actual damages and are not a penalty.

Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to the delivery of a the Connection Notice upon written notice to Tier1 Access LLC APEX identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Tier1 Access LLC APEX a cancellation charge equal to the sum of: (i) for “off-net” Service, third party termination charges for the cancelled Service; , (ii) for “on- on-net” Service, 1 month’s monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Tier1 Access LLCAPEX’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate specified Service(s) Service after the delivery of a the Connection Notice upon 30 days’ written notice to Tier1 Access LLCAPEX identifying the terminated Service. If Customer does so, or if Service is terminated by Tier1 Access LLC hereunder APEX as the result of an uncured default by Customer’s default, Customer shall pay Tier1 Access LLC APEX a termination charge equal to the sum of: (i) all unpaid amounts for Service actually providedprovided through the date of termination; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; and (iii) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (iv) if not recovered by the foregoing, any termination liability payable to third . The parties resulting from the termination and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereunder. Customer acknowledges agree that the charges in this Section are a genuine estimate of Tier1 Access LLCAPEX’s actual damages and are not a penalty.

Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to the delivery of a the Connection Notice upon written notice to Tier1 Access LLC Level 3 identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Tier1 Access LLC Level 3 a cancellation charge equal to the sum of: (i) for “off-net” Service, third party termination charges for the cancelled Service; (ii) for “on- on-net” Service, 1 month’s monthly recurring charges for the cancelled Service; (iii) the non-non- recurring charges for the cancelled Service; and (iv) Tier1 Access LLCLevel 3’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate specified Service(s) Service after the delivery of a the Connection Notice upon 30 days’ written notice to Tier1 Access LLCLevel 3 identifying the terminated Service. If Customer does so, or if Service is terminated by Tier1 Access LLC hereunder Level 3 as the result of an uncured default by Customer’s default, Customer shall pay Tier1 Access LLC Level 3 a termination charge equal to the sum of: (i) all unpaid amounts for Service actually providedprovided through the date of termination; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; and (iii) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (iv) if not recovered by the foregoing, any termination liability payable to third . The parties resulting from the termination and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereunder. Customer acknowledges agree that the charges in this Section are a genuine estimate of Tier1 Access LLCLevel 3’s actual damages and are not a penalty.

Cancellation and Termination Charges. (A) Unless otherwise specified in the Service Schedule, Customer may cancel a Customer Order (or portion thereof) prior to the delivery of a Connection Notice upon written notice to Tier1 Access LLC Genuity identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Tier1 Access LLC Genuity a cancellation charge equal to the sum of: (i) for “off-net” Service, third party termination charges for the cancelled Service; (ii) for “on- on-net” Service, 1 month’s monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Tier1 Access LLCGenuity’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate specified Service(s) after the delivery of a Connection Notice upon 30 days’ written notice to Tier1 Access LLCGenuity. If Customer does so, or if Service is terminated by Tier1 Access LLC Genuity hereunder as the result of Customer’s default, Customer shall pay Tier1 Access LLC Genuity a termination charge equal to the sum of: (i) all unpaid amounts for Service actually provided; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; (iii) 50% of the remaining monthly recurring charges for month 13 through the end remainder of the Service Term; and (iviii) if not recovered by the foregoing, any termination liability payable to third parties resulting from the termination and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereundertermination. Customer acknowledges that the charges in this Section are a genuine estimate of Tier1 Access LLCGenuity’s actual damages and are not a penalty.