DEFICIENCY CHARGE. 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 WorldCom the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (as described in the applicable Rate and Discount Schedule) (the "DEFICIENCY CHARGE"). The Deficiency Charge 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 WorldCom terminates this Agreement based on Customer's default.
DEFICIENCY CHARGE. In the event Customer does not maintain Customers 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 WorldCom, in addition to charges due for Switched Services provided to Customer, the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (as described in Section 2 above) (the "DEFICIENCY CHARGE"). The Deficiency Charge will be due at the same time payment is due for Switched Services provided to Customer for the billing period in which the Deficiency Charge arises, or immediately in an amount equal to Customer's Minimum Revenue Commitment for the unexpired portion of the Service Term, if MCI WorldCom terminates this Agreement based on Customer's default or if Customer terminates this Agreement pursuant to Section 2(A) of the TSA. Further, in the event Customer does not maintain Customer's Total Minimum Revenue Commitment by the end of the Service Term, Customer agrees to pay MCI WorldCom the difference between Customer's Total Minimum Revenue Commitment and Customers actual cumulative Monthly Revenue (which shall include any Monthly Deficiency Charges paid by Customer) during the Total Commitment Period (the "TOTAL DEFICIENCY CHARGE"). The Total Deficiency Charge, if any, will be due within ten (10) days following the end of the Service Term, or immediately in an amount equal to Customer's Total Minimum Revenue Commitment less Customer's actual Monthly Revenue through the effective date of termination if MCI WorldCom terminates this Agreement based on Customer's default. It is agreed that MCI WorldCom's damages in the event Customer fails to maintain Customer's Minimum Revenue Commitment and Customer's Total Minimum Revenue Commitment shall be difficult or impossible to ascertain. The provision for a Deficiency Charge and a Total Deficiency Charge in this Section 6 is intended, therefore, to establish liquidated damages in the event Customer fails to maintain Customer's Minimum Revenue Commitment and Customer's Total Minimum Revenue Commitment and is not intended as a penalty.
DEFICIENCY CHARGE. 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 WorldCom the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (as described in the applicable Rate and Discount Schedule) (the "DEFICIENCY CHARGE"). The Deficiency Charge 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 WorldCom terminates this Agreement based on Customer's default. Provided, however, WorldCom 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 less than --**-- and/or affecting less than --**-- minutes of Customer's traffic will be deemed not material.
DEFICIENCY CHARGE. In the event Customer does not maintain Customer’s Minimum Revenue Commitment in any month during the Commitment Period, then for those month(s) only, Customer will pay WilTel the difference between Customer’s Minimum Revenue Commitment and Customer’s actual Monthly Revenue as described in Section 3 (the “Deficiency Charge”). The Deficiency Charge 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 (i) Customer cancels all circuits comprising all Service Interconnections as described in the Service Schedules, or (ii) WilTel terminates this Agreement based on Customer’s default. EXAMPLE: Customer’s Minimum Revenue Commitment is $500,000 and Customer’s actual Monthly Revenue as described in Section 2 for one month during the Commitment Period is $430,000 (determined on a gross basis). The Deficiency charge for that month will be $70,000 which will be due at the same time payment is due for Services provided by WilTel in that month.
DEFICIENCY CHARGE. 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 WorldCom, in addition to charges due for Switched Services provided to Customer, the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue (as described in Section 2 of the PET) (the "Deficiency Charge"). The Deficiency Charge will be due at the same time payment is due for Switched Services provided to Customer for the billing period in which the Deficiency Charge arises, or immediately in an amount equal to Customer's Minimum Revenue Commitment for the unexpired portion of the Service Term, if MCI WorldCom terminates this Agreement based on Customer's default or if Customer terminates this Agreement pursuant to Section 2(A) of the TSA. It is agreed that MCI WorldCom's damages in the event Customer fails to maintain Customer's Minimum Revenue Commitment shall be difficult or impossible to ascertain. The provision for a Deficiency Charge in this Paragraph C is intended, therefore, to establish liquidated damages in the event Customer fails to maintain Customer's Minimum Revenue Commitment and is not intended as a penalty.
DEFICIENCY CHARGE. As an inducement to Centurion to provide and/or operate, as applicable, the Project Facilities, without which inducement Centurion would not agree to enter this Agreement, Alon guarantees and covenants, subject to the terms and conditions of this Agreement and the performance of Centurion’s obligations hereunder, that during each Delivery Period it shall, in accordance with the provisions of this Agreement, tender the applicable Minimum Delivery Period Volume of Crude Oil at the Origin Point for shipment over the Project Facilities to the Delivery Point and bear a proportionate share (based on volume being shipped) of line fill as set forth in the Tariff If the volume of Crude Oil delivered by Alon at the Origin Point during a Delivery Period is less than the applicable Minimum Delivery Period Volume, Alon agrees to pay Centurion an amount equal to the Makewhole Volume multiplied by the tariff in effect during such Delivery Period (“Deficiency Charge”), provided that, any such Deficiency Charges shall be assessed and payable on an annual basis. Any Deficiency Charge paid by Alon to Centurion under this provision shall be treated as advance payments of the Centurion Tariff then in effect for transportation of Crude Oil by Alon from the Origin Point to the Delivery Point for volumes in excess of the Minimum Delivery Period Volumes for the two Delivery Periods of the Year immediately following the Year for which such Deficiency Charge was assessed (the “Following Year”). Notwithstanding the foregoing, such credit shall only be applied with respect to such transportation in the Following Year. Any Deficiency Charge amounts that are not credited in accordance with the above shall be retained by Centurion and shall not be refunded to Alon or applied as a credit to payment for such transportation in any subsequent Delivery Period. If, at the expiration of the Term, Centurion holds any Deficiency Charge amounts that have not been applied as a credit to payment for transportation as provided herein, Centurion shall be under no obligation to refund such Deficiency Charge amounts to Alon.
DEFICIENCY CHARGE. In the event Customer does not maintain Customer’s First Commitment, Customer’s Second Commitment, or Customer’s Final Minimum Commitment, during any month of the First Commitment Period, the Second Commitment Period or the Final Commitment Period, respectively, then for those month(s) only, Customer will pay WilTel the difference between Customer’s First Commitment, Customer’s Second Commitment, or Customer’s Final Commitment, as the case may be, and Customer’s actual Monthly Revenue as described in Section 2 above, net of any applicable discount, (collectively, the “Deficiency Charge”). The Deficiency Charge 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 Commitment for the unexpired portion of the Term, if (i) Customer cancels all circuits comprising all Service Interconnections as described in the Service Schedules, or (ii) WilTel terminates the Agreement based on Customer’s default.
DEFICIENCY CHARGE. If the volume of Crude Oil delivered by Alon at the Origin Point during a Delivery Period is less than the applicable Minimum Delivery Period Volume, Alon agrees to pay Centurion an amount equal to the Makewhole Volume multiplied by the tariff in effect during such Delivery Period (“Deficiency Charge”), provided that, any such Deficiency Charges shall be assessed and payable on an annual basis. Any Deficiency Charge paid by Alon to Centurion under this provision shall be treated as advance payments of the Centurion Tariff then in effect for transportation of Crude Oil by Alon from the Origin Point to the Delivery Point for volumes in excess of the Minimum Delivery Period Volumes for the four Delivery Periods of the two Years immediately following the Year for which such Deficiency Charge was assessed (the “Following Period”). Notwithstanding the foregoing, such credit shall only be applied with respect to such transportation in the Following Period. Any Deficiency Charge amounts that are not credited in accordance with the above shall be retained by Centurion and shall not be refunded to Alon or applied as a credit to payment for such transportation in any subsequent Delivery Period. If, at the expiration of the Term, Centurion holds any Deficiency Charge amounts that have not been applied as a credit to payment for transportation as provided herein, Centurion shall be under no obligation to refund such Deficiency Charge amounts to Alon.
DEFICIENCY CHARGE. Subscriber recognizes that QWEST will incur certain expenses in connection with the provision of these CAS services. Therefore, Subscriber agrees that if Subscriber (1) fails to maintain the Minimum Commitment at all times; (2) ceases to use QWEST's operator services; or (3) cancels any portion of the CAS services under this Agreement prior to the expiration of all service commitments, Subscriber shall pay to QWEST within thirty (30) days of notice ONE AND 11/100 DOLLARS ($1.11) per pay phone subscribed to QWEST services per remaining month of the Initial Term ("Deficiency Charge"). As an example, if Subscriber subscribes ten pay phones to QWEST services and cancels the Agreement twelve months prior to its expiration, it will owe QWEST: 10 (pay phones) x 12 (remaining months) x $1.11 = $133.20 The parties hereby specifically agree that the provisions contained in this Section describing a deficiency charge represent a mutual good faith estimate of, and bears a reasonable relationship to, the actual damages to QWEST in the event of such deficiency and do not represent a penalty of any kind, and that such deficiency charge is an obligation of Subscriber subject to specific performance. Attachment "C" OPERATOR SERVICES -----------------
