CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, cumulative Monthly Revenue (as defined in the applicable Rate and Discount Schedule) equal to at least the amounts shown below by the end of the respective months listed ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). END OF CUSTOMER'S END OF CUSTOMER'S MONTH COMMITMENT MONTH COMMITMENT ----- ---------- ----- ---------- 1 $2,000,000 19 $38,000,000 2 $4,000,000 20 $40,000,000 3 $6,000,000 21 $42,000,000 4 $8,000,000 22 $44,000,000 5 $10,000,000 23 $46,000,000 6 $12,000,000 24 $48,000,000 7 $14,000,000 25 $50,000,000 8 $16,000,000 26 $52,000,000 9 $18,000,000 27 $54,000,000 10 $20,000,000 28 $56,000,000 11 $22,000,000 29 $58,000,000 12 $24,000,000 30 $60,000,000 -------------------- --**-- This symbol signifies information from the agreement that has been omitted because the Company has requested confidential treatment. The information has been filed separately with the Securities and Exchange Commission.
(B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) is equal to at least $72,000,000, either party may cancel this Agreement in its entirety upon at least ninety (90) prior written notice to the other party.
CUSTOMER'S MINIMUM REVENUE COMMITMENT. Commencing as of February 1, 1997 and continuing through the remainder of the Service Term and any extension thereto, (the “Commitment Period”), Customer agrees to maintain, on a take- or-pay basis subject to Section 10, Monthly Revenue of at least [ ] (“Customer’s Minimum Revenue Commitment”).
CUSTOMER'S MINIMUM REVENUE COMMITMENT. Effective as of January 1, 2000, the parties agree to substitute Subsection 2(A) and Subsection 2(B) of the PET to read in its entirety as follows:
(A) Commencing with the January, 2000 billing period (i.e., February, 2000 invoice) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as defined in the applicable Rate and Discount Schedule) of at least $400,000 ("CUSTOMER'S MINIMUM REVENUE COMMITMENT").
(B) Notwithstanding anything to the contrary contained in this Agreement, as soon as Customer's cumulative Monthly Revenue from WorldCom under the terms of this Agreement are equal to at least $33,400,000 ("CUSTOMER'S TOTAL COMMITMENT"), Customer may elect to terminate Customer's Minimum Revenue Commitment described in Subsection 2(A) above by providing WorldCom written notice ("CUSTOMER NOTICE"). In such event, commencing with the first day of the first full month following at least thirty (30) days after WorldCom receives the Customer Notice, Customer's Minimum Revenue Commitment shall terminate and will no longer be in force or effect. Provided, the applicable Discounts set forth in the Rate and Discount Schedule will continue to be applicable through the remainder of the Service Term.
CUSTOMER'S MINIMUM REVENUE COMMITMENT. Commencing with the first day of the fourteenth (14th) billing period following the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "Commitment Period"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as defined in Section 2 above) of at least * ("Customer's Minimum Revenue Commitment").
CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the first (1st) day of the month following the date this Amendment No. 12 has been fully executed by both parties and delivered to Customer and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as defined in Section 2 above) of at least $[*****] ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). *****[CONFIDENTIAL]
(B) Notwithstanding anything to the contrary contained in this Agreement, as soon as Customer's cumulative Monthly Revenue from MCI under the terms of this Agreement and commencing with the first (1st) day of the Commitment Period (as described in Subsection 5(A) above) are equal to at least $[*****] in the aggregate, Customer may elect to terminate Customer's Minimum Revenue Commitment described in Subsection 5(A) above by providing MCI written notice ("CUSTOMER NOTICE"). In such event, commencing with the first day of the first full month following at least thirty (30) days after MCI receives the Customer Notice, Customer's Minimum Revenue Commitment shall terminate and will no longer be in force or effect.
CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing as of September 1, 1997, and continuing through the end of the' Service Term Including any extensions thereto) (the "Commitment Period"), Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue of at least $1,300,000 ("Customer's Minimum Revenue Commitment"). In the event Customer is not maintaining TERMINATION Service or 800 ORIGINATION Service but is maintaining other Services from WilTel hereunder (e.g., SWITCHED ACCESS Service, DEDICATED ACCESS Service or TRAVEL CARD Service), Customer's Minimum Revenue Commitment will be the greater of (i) $10,000, or (ii) the amount stated above.
(B) Provided Customer's cumulative Monthly Revenue (as that term is defined in Subsection 3(A) above) from WilTel under this Agreement commencing with the Effective Date is at least $45,000,000 (i.e., in the aggregate), Customer may elect to terminate Customer's Minimum Revenue Commitment described in Subsection 4(A) above by providing WilTel written notice ("'Customer Notice"). In such event, commencing with the first day of the first full month following at least thirty (30) days after WilTel receives the Customer Notice (the "Commitment Termination Date"), (i) Customer's Minimum Revenue Commitment shall terminate and will no longer be in force or effect, and (ii) for the remainder of the Service Term Customer's Discount will determined under the Discount Schedule described in Subsection 3(A) above based on a 3-YR Service Term without taking into account any increase under Subsection 3(B) above.
(C) In the event there is a substantial change in the regulatory environment of Customer's business, including without limitation the banking, gaming and telecommunications environments, which substantially prohibits Customer's performance under this Agreement, WorldCom agrees to negotiate with Customer in good faith concerning the reduction of Customer's Minimum Revenue Commitment as described in Subsection 4(A) above. Further, in the event there is a substantial technological change in the telecommunications industry and based on the purchase of a new product or offering Customer's rates for Services hereunder would be significantly reduced, WilTel agrees to negotiate with Customer concerning the purchase of such product or offering and the reduction of Customer's Minimum Revenue Commitment, provided WilTel continues to receive the same percentage of Customer' s traffic after such reduction as it did prior to such technological change. Finally, in the ...
CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date and continuing through the end of the Service Term (including any extensions thereto) (the "Commitment Period"), Customer agrees to maintain each month, on a take-or-pay basis, Monthly Revenue (as defined in Subsection (E) below) equal to at least * ("Customer's Minimum Revenue Commitment"). * Designates information which has been filed on a confidential basis.
(B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) commencing with the Effective Date is equal to at least * ("Customer's Total Minimum Revenue Commitment"), Customer's Minimum Revenue Commitment shall terminate. Once Customer has satisfied Customer's Minimum Revenue Commitment, either party may terminate this Agreement in its entirety upon at least six (6) month's written notice, during which time Customer's Minimum Revenue Commitment shall not be applicable. * Designates information which has been filed on a confidential basis.
(C) In the event Customer does not maintain Customer's Minimum Revenue Commitment in any month during the Commitment Period (regardless of whether Customer has commenced using any or all of the Switched Services described herein), then for those month(s) only, Customer will pay MCI the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (the "Deficiency Charge"). The Deficiency Change will be due at the same time payment is due for Service provided to Customer, or immediately in an amount equal to Customer's Minimum Revenue Commitment for the unexpired portion of the Service Term, if MCI terminates this Agreement based on Customer's default. Provided, however, MCI agrees to waive any Deficiency Charges that arise solely due to a catastrophic network event, which materially prevents Customer's use of Services hereunder sufficient to satisfy Customer's Minimum Revenue Commitment. In such case, Customer shall have the burden of proof in establishing the date and duration of such event as well as the general sources of Customer's traffic affected by such event. Provided, for purposes of this Agreement, any catastrophic network events lasting cumulatively less than four (4) hours or affecting cumulatively less than * minutes of Customer's traffic in any calendar month will be deemed not material. * Designates information which has been filed on a confid...
CUSTOMER'S MINIMUM REVENUE COMMITMENT. (A) Commencing with the Effective Date (as determined under Section 1 above) and continuing through the end of the Service Term (including any extensions thereto) (the "COMMITMENT PERIOD"), Customer agrees to maintain, on a take-or-pay basis, cumulative Monthly Revenue (as defined in the applicable Rate and Discount Schedule) equal to at least the amounts shown below by the end of the respective months listed ("CUSTOMER'S MINIMUM REVENUE COMMITMENT"). --**-- -------------------- --**-- This symbol signifies information from the agreement that has been omitted because the Company has requested confidential treatment. The information has been filed separately with the Securities and Exchange Commission.
(B) Notwithstanding anything to the contrary contained in Subsection (A) above, as soon as Customer's cumulative Monthly Revenue (which will include any Deficiency Charges actually paid by Customer) is equal to at least --**--, either party may cancel this Agreement in its entirety upon at least --**-- prior written notice to the other party.
CUSTOMER'S MINIMUM REVENUE COMMITMENT. Commencing with the first (1st) day of the month following the date this Amendment No. 10 has been fully executed by both parties and delivered to Customer, the parties agree to substitute Subsection 5(B) of the PET to read in its entirety as follows:
