Early Termination Charges. If Customer terminates a Service after the Effective Date in the Order Form, and prior to the end of the Service Term outlined in such applicable Order Form, and the termination is due to any reason other than an uncured breach of these Terms and Conditions by Atlantic Broadband or in accordance with Section 3.11 below, the Customer shall pay an early termination charge equal to the sum of: (i) all unpaid NRCs, installation/construction charges, MRCs and other unpaid amounts for the Service(s) provided through the effective date of termination, and (ii) one hundred percent (100%) of the remaining MRCs, including any monthly equipment charges, multiplied by the number of months remaining in the Service Term (the “Early Termination Charge(s)”). Except as otherwise set forth in an applicable Order Form, the Early Termination Charge(s) herein supersede any other contrary terms or conditions, whether written in these Terms and Conditions or elsewhere online. You agree that the Early Termination Charge(s) are a good faith estimate of Atlantic Broadband’s actual damages, and are not a penalty. Any such Early Termination Charge shall be due and payable immediately upon Customer’s receipt of an invoice or other request therefore.
Appears in 4 contracts
Samples: Commercial Services Agreement, Commercial Services Agreement, Commercial Services Agreement
Early Termination Charges. If Customer terminates a Service after the Effective Date in the Order Form, and prior to the end of the Service Term outlined in such applicable Order Form, and the termination is due to any reason other than an uncured breach of these Terms and Conditions by Atlantic Broadband Breezeline or in accordance with Section 3.11 below, the Customer shall pay an early termination charge equal to the sum of: (i) all unpaid NRCs, installation/construction charges, MRCs and other unpaid amounts for the Service(s) provided through the effective date of termination, and (ii) one hundred percent (100%) of the remaining MRCs, including any monthly equipment charges, multiplied by the number of months remaining in the Service Term (the “Early Termination Charge(s)”). Except as otherwise set forth in an applicable Order Form, the Early Termination Charge(s) herein supersede any other contrary terms or conditions, whether written in these Terms and Conditions or elsewhere online. You agree that the Early Termination Charge(s) are a good faith estimate of Atlantic BroadbandBreezeline’s actual damages, and are not a penalty. Any such Early Termination Charge shall be due and payable immediately upon Customer’s receipt of an invoice or other request therefore.
Appears in 3 contracts
Samples: Commercial Services Agreement, Commercial Services Agreement, Commercial Services Agreement