Classifications, Practices and Regulations. Except as otherwise provided in this Attachment, the rates and regulations that apply to the Services provided under this Attachment are as set forth in the applicable Tariffs.
Classifications, Practices and Regulations. Underutilization:
Classifications, Practices and Regulations. Underutilization: If the Customer fails to satisfy the MVR, the Customer will be billed and required to pay an underutilization charge equal to 25 percent of the difference between the Customer’s actual applicable usage during that annual period and the MVR, or a pro rata portion thereof for any partial annual period.
Classifications, Practices and Regulations. Underutilization Charges: If Customer's aggregate purchases are less than the applicable Minimum Purchase Requirement (such difference being the “Shortfall”) at the end of the last year of the Initial Term, or, if applicable, at the end of any Renewal Year, Customer may, at its sole option, (i) continue to purchase Service from Company at the rates and charges and subject to the terms and conditions set forth in the agreement (with the exception of a Minimum Purchase Requirement) until Customer’s purchases during the extension period equal the Shortfall or 12 months have passed, whichever first occurs (such period being the “Work Off Period”), or (ii) pay Company, as underutilization charge, an amount equal to fifty percent (50%) of the Shortfall (the “Shortfall Charge”). If Customer invokes its right to a Work Off Period and at the end of the Work Off Period, Customer’s Aggregate Purchases are still less than the Minimum Purchase Requirement (the “Final Shortfall”), Customer shall pay Company, as underutilization charges, a Shortfall Charge in an amount equal to fifty percent (50%) of the Final Shortfall.
Classifications, Practices and Regulations. Underutilization Charges: Where applicable, if, in any Contract Year, Customer’s Eligible Usage Charges are less than the Annual Minimum, then Customer will pay: (1) all accrued but unpaid charges incurred by Customer; and (2) an underutilization charge equal to the difference between the Customer’s Eligible Usage Charges during such contract year and the Annual Minimum. If, in any contract year, the Customer’s Eligible Usage Charges for designated Services are less than the applicable Subminimum, if any, then Customer will pay an underutilization charge equal to the difference between Customer’s Eligible Usage Charges during such contract year and the applicable Subminimum.
Classifications, Practices and Regulations. Except as otherwise provided in this Agreement, the terms, conditions, regulations and charges for AT&T SDN Services, AT&T DNS Services and AT&T MEGACOM Services as set forth in AT&T Tariff F.C.C. No. 1; for AT&T MEGACOM 800 and AT&T 800 READYLINE Service as set forth in AT&T Tariff F.C.C. No. 2; for AT&T ACCUNET T1.5 and AT&T ACCUNET T45 Service as set forth in AT&T Tariff F.C.C. No. 9; and for AT&T Terrestrial 1.544 and T45 Mbps Local Channel Service as set forth in AT&T Tariff F.C.C. No. 11 apply, as these tariffs may be amended from time to time.
Classifications, Practices and Regulations. Underutilization Charges: If, during the Term, the Customer’s Total Service Charges do not meet or exceed the TVC, the Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the TVC and the Customer’s Total Service Charges during such Term. If during any Contract Year of the Extended Term the Customer fails to satisfy the Extended Term AVC, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to 25% of the difference between the Customer’s Total Service Charges during such Contract Year and the Extension Term AVC.
Classifications, Practices and Regulations. Underutilization: If during the Term the Customer’s Total Service Charges do not meet or exceed the Term MVR, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the Term MVR and the Customer’s total service charges during the Term. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the Annual MVR, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the Annual MVR and the Customer’s total service charges during such annual period.
Classifications, Practices and Regulations. Underutilization Charges: If, in any Contract Year, Customer's Contributing Charges are less than the AVC, then Customer shall pay: (1) all accrued but unpaid charges incurred by Customer; and (2) an Underutilization Charge equal to 75% of the difference between Customer's Contributing Charges during such Contract Year and the AVC.
Classifications, Practices and Regulations. AVC Underutilization and Termination with Liability If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Term; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days after such termination an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term. Customer will receive a credit of $110,000.00 to be applied against a Customer an account mutually agreed upon by the Customer and the Company.
