Common use of Discontinuance by Clause in Contracts

Discontinuance by. Carrier In the event that Carrier discontinues using Services, either in part or in whole, prior to expiration of the then current term and such discontinuance is not due to Xxxx Atlantic's material failure to provide Services, Carrier shall pay Xxxx Atlantic an amount equal to the average monthly charges for the six-month period immediately preceding the discontinuance multiplied by the number of months remaining in the then-current term. If Services have been provided for a period of less than six months, Carrier shall pay the charges for the month with the highest usage multiplied by the number of months remaining in the then-current one year term. If Carrier terminates this Agreement prior to the Cutover Date, Carrier shall pay Xxxx Atlantic the greater of the following: (i) all reasonable and necessary costs already incurred by Xxxx Atlantic in preparation for the commencement of services, or (ii) the sum of fifty thousand dollars ($50,000).