Common use of Early Termination Charge Clause in Contracts

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber determined as follows: Termination during the first year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third year of the Lease Term- [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth year of the Lease Term- [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth year of the Lease Term- [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth through twentieth year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance of the Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber determined as follows: Termination during the first year of the Lease Term - [**] 100% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second year of the Lease Term - [**] 80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third year of the Lease Term- [**] Term - 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth year of the Lease Term- [**] Term - 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth year of the Lease Term- [**] Term - 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth through twentieth year of the Lease Term - [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance of the Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to 4.1 If this Product Order is terminated pursuant to Section 11.2 11.1 of the General Terms and Conditions of this AgreementConditions, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxesapplicable sales or other taxes) for the affected Leased Fiber determined as follows: Termination during the first o 1st year of the Lease Term - [**] termination -- 100% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second o 2nd year of the Lease Term - [**] termination -- 80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third o 3rd year of the Lease Term- [**] termination -- 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth o 4th year of the Lease Term- [**] termination -- 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth o 5th year of the Lease Term- [**] termination -- 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth through twentieth year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance of the Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber determined as follows: Termination during the first year of the Lease Term - [**] 100% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second year of the Lease Term - [**] 80% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third year of the Lease Term- [**] 60% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth year of the Lease Term- [**] Term - 40% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth year of the Lease Term- [**] Term - 20% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth through twentieth year of the Lease Term - [**] 10% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance of the Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber determined as follows: Termination during the first 1st year of the Lease Term termination - [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]* of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]* of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second 2nd year of the Lease Term termination - [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]* of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third 3rd year of the Lease Term- [termination - **] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] *Portions of this exhibit have been omitted pursuant to a request for confidential treatment, and the ommitted portions have been filed separately with the Securities and Exchange Commission. *** of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth 4th year of the Lease Term- [termination - **] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth 5th year of the Lease Term- [termination - **] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth 6th through twentieth 20th year of the Lease Term termination - [**] * of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance remaining Lease Term of the Lease Termthis Product Order. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if If Carrier has not yet leased [**] two thousand five hundred (2,500) fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] two thousand five hundred (2,500) fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order, without application of the discount set forth in Section 9.2(a) below.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber determined as follows: Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Termination during the first year of the Lease Term - [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus[**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the second year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the second year, plus [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the third year of the Lease Term- [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fourth year of the Lease Term- [**] of Term-[**]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fourth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the fifth year of the Lease Term- [**] ]of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the fifth year, plus [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the sixth through twentieth years. Termination during the sixth through twentieth year of the Lease Term - [**] of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the balance of the Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditions, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has leased [**] fiber miles at the per fiber mile per month price set forth in Section 9.1(b) of this Product Order.

Early Termination Charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. In the event of termination of this Agreement or any Supplement to this Product Order pursuant to Section 11.2 of the General Terms and Conditions of this Agreement, Carrier will pay to MFN an Early Termination Charge (plus Applicable Taxes) for the affected Leased Fiber and Building Access determined as follows: Termination during the first 1st year of the Lease Term termination - [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the first year, plus [**]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the second year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber for the third year, plus [**]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fourth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fifth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the sixth through twentieth years. Termination during the second year last day of the then scheduled Lease Term Term. 2nd year termination - [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the second year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the third year, plus [**]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fourth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fifth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the sixth through twentieth years. Termination during the third year last day of the then scheduled Lease Term- Term. 3rd year termination - [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the third year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fourth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fifth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the sixth through twentieth years. Termination during the fourth year last day of the then scheduled Lease Term- Term. [*] Indicates confidential treatment requested. 4th year termination - [*] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fourth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fifth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the sixth through twentieth years. Termination during the fifth year last day of the then scheduled Lease Term- Term. 5th year termination - [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the fifth year, plus [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the sixth through twentieth years. Termination during the sixth through twentieth year last day of the then scheduled Lease Term Term. 6th through 20th year termination - [**] ]% of all unpaid Leased Fiber Monthly Lease Payments for the affected Leased Fiber and Building Access for the balance of the then scheduled Lease Term. In the event that this Agreement is terminated pursuant to Section 11.2 of the General Terms and Conditionsterminated, and if Carrier has not yet leased [**] fiber miles from MFN hereunder as of the date of any termination, then such termination shall be calculated as if Carrier has actually leased [**] fiber miles at as of the per fiber mile per month price date of termination. For purposes of this Section 7 only, except in cases of Carrier's gross negligence or willful misconduct, Carrier's payment to MFN of (i) the Early Termination Charge, (ii) MFN's costs of construction and installation plus fifteen percent (15%) plus applicable sales or other taxes, and (iii) the Applicable Taxes (set forth in Section 9.1(b) 2 of the General Terms and Conditions of this Product OrderAgreement) shall be MFN's sole and exclusive remedy under this Agreement.