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 delivery of the Connection Notice upon written notice to Level 3 identifying the affected Customer Order and Service. If Customer does so, Customer shall pay 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-net Service, 1 month's monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Level 3's out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate Service after delivery of the Connection Notice upon 30 days' written notice to Level 3 identifying the terminated Service. If Customer does so, or if Service is terminated by Level 3 as the result of an uncured default by Customer, Customer shall pay Level 3 a termination charge equal to the sum of: (i) all unpaid amounts for Service provided 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. The parties agree that the charges in this Section are a genuine estimate of Level 3's actual damages and are not a penalty.

Appears in 1 contract

Samples: Master Service Agreement (Unilava Corp)

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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 the a Connection Notice upon written notice to Level 3 Genuity identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Level 3 Genuity 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 net” Service, 1 month's ’s monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Level 3's Genuity’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate Service specified Service(s) after the delivery of the a Connection Notice upon 30 days' written notice to Level 3 identifying the terminated ServiceGenuity. If Customer does so, or if Service is terminated by Level 3 Genuity hereunder as the result of an uncured default by Customer’s default, Customer shall pay Level 3 Genuity a termination charge equal to the sum of: (i) all unpaid amounts for Service provided through the date of terminationactually provided; (ii) 100% of the remaining monthly recurring charges for months 1-12 the remainder of the Service Term; and (iii) 50% of if not recovered by the remaining monthly recurring charges for month 13 through foregoing, any termination liability payable to third parties resulting from the end of the Service Termtermination. The parties agree Customer acknowledges that the charges in this Section are a genuine estimate of Level 3's Genuity’s actual damages and are not a penalty.

Appears in 1 contract

Samples: Master Service Agreement

Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to delivery of the Connection Notice upon written notice to Level 3 identifying the affected Customer Order and Service. If Customer does so, Customer shall pay 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 net” Service, 1 month's ’s monthly recurring charges for the cancelled Service; (iii) the non-non- recurring charges for the cancelled Service; and (iv) Level 3's ’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate Service after delivery of the Connection Notice upon 30 days' written notice to Level 3 identifying the terminated Service. If Customer does so, or if Service is terminated by Level 3 as the result of an uncured default by Customer, Customer shall pay Level 3 a termination charge equal to the sum of: (i) all unpaid amounts for Service provided 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. The parties agree that the charges in this Section are a genuine estimate of Level 3's ’s actual damages and are not a penalty.

Appears in 1 contract

Samples: Master Service Agreement (Websidestory Inc)

Cancellation and Termination Charges. (Aa) Customer may cancel a Customer an Order (or portion thereof) prior to the delivery of the a Connection Notice upon written notice to Level 3 CenturyLink identifying the affected Customer Order and Service. If Customer does so, Customer shall will pay Level 3 CenturyLink a cancellation charge equal to the sum of: (I1) for "offOff-net" ServiceNet Access, third party termination charges for the cancelled Service; (ii2) for 'onOn-net Service, 1 Net Access one month's ’s monthly recurring charges for the cancelled Service; (iii3) the non-recurring charges for the cancelled Service; and (iv4) Level 3's out of CenturyLink’s out- of-pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (Bb) Customer may terminate a specified Service after the delivery of the a Connection Notice upon 30 days' written notice to Level 3 identifying the terminated ServiceCenturyLink. If Customer does so, or if Service is terminated by Level 3 CenturyLink as the result of an uncured default by Customer’s default, Customer shall will pay Level 3 CenturyLink a termination charge equal to the sum of: (i1) all unpaid amounts for Service provided through the date of terminationactually provided; (ii2) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; and (iii3) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (4) 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 Service hereunder. The parties agree that the charges in this Section are a genuine estimate of Level 3's actual represent CenturyLink’s reasonable liquidated damages and are not a penalty.

Appears in 1 contract

Samples: Master Price Agreement

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Cancellation and Termination Charges. (A) Customer may cancel a Customer Order (or portion thereof) prior to delivery of the Connection Notice upon written notice to Level 3 APEX identifying the affected Customer Order and Service. If Customer does so, Customer shall pay Level 3 APEX 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 net” Service, 1 month's ’s monthly recurring charges for the cancelled Service; (iii) the non-recurring charges for the cancelled Service; and (iv) Level 3's APEX’s out of pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (B) Customer may terminate Service after delivery of the Connection Notice upon 30 days' written notice to Level 3 APEX identifying the terminated Service. If Customer does so, or if Service is terminated by Level 3 APEX as the result of an uncured default by Customer, Customer shall pay Level 3 APEX a termination charge equal to the sum of: (i) all unpaid amounts for Service provided 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. The parties agree that the charges in this Section are a genuine estimate of Level 3's APEX’s actual damages and are not a penalty.

Appears in 1 contract

Samples: Master Service Agreement (Apextalk Holdings Inc)

Cancellation and Termination Charges. (Aa) Customer may cancel a Customer an Order (or portion thereof) prior to the delivery of the a Connection Notice upon written notice to Level 3 CenturyLink identifying the affected Customer Order and Service. If Customer does so, Customer shall will pay Level 3 CenturyLink a cancellation charge equal to the sum of: (I1) for "offOff-net" ServiceNet Access, third party termination charges for the cancelled Service; (ii2) for 'onOn-net Service, 1 Net Access one month's ’s monthly recurring charges for the cancelled Service; (iii3) the non-recurring charges for the cancelled Service; and (iv4) Level 3's out of CenturyLink’s out-of-pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (Bb) Customer may terminate a specified Service after the delivery of the a Connection Notice upon 30 days' written notice to Level 3 identifying the terminated ServiceCenturyLink. If Customer does so, or if Service is terminated by Level 3 CenturyLink as the result of an uncured default by Customer’s default, Customer shall will pay Level 3 CenturyLink a termination charge equal to the sum of: (i1) all unpaid amounts for Service provided through the date of terminationactually provided; (ii2) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; and (iii3) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (4) 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 Service hereunder. The parties agree that the charges in this Section are a genuine estimate of Level 3's actual represent CenturyLink’s reasonable liquidated damages and are not a penalty.

Appears in 1 contract

Samples: Master Service Agreement

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