Common use of FACILITY MINIMUM SERVICE TERM Clause in Contracts

FACILITY MINIMUM SERVICE TERM. 4.1 Customer acknowledges that the Rates and charges described in Section 3 of this Service and Pricing Exhibit are based on the commitment of Customer to utilize the Facilities for a specified minimum period of time. Therefore, notwithstanding anything in this Agreement to the contrary, Customer shall be liable for and shall pay to Qwest all Rates, fees and charges which accrue under this Agreement for each Facility for the entire Facility Minimum Service Term (as defined in Section 4.2 of this Service and Pricing Exhibit) applicable to each such Facility, regardless of whether or not Customer utilizes all or any part of such Facility during all or any part of the Facility Minimum Service Term applicable to such Facility, except as is set forth in Section 4.3 of this Service and Pricing Exhibit.

Appears in 2 contracts

Samples: Service Agreement (CRL Network Services Inc), Service Agreement (CRL Network Services Inc)

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FACILITY MINIMUM SERVICE TERM. 4.1 Customer acknowledges that the Rates and charges described in Section 3 of this Service and Pricing Exhibit are based on the commitment of Customer to utilize the Facilities for a specified minimum period of time. Therefore, notwithstanding anything in this Agreement Exhibit to the contrary, Customer shall be liable for and shall pay to Qwest ART all Ratesrates, fees and charges which accrue under this Agreement Exhibit for each Facility for the entire Facility Minimum Service Term (as defined in Section 4.2 of this Service and Pricing Exhibit) applicable to each such Facility, regardless of whether or not Customer utilizes all or any part of such Facility during all or any part of the Facility Minimum Service Term applicable to such Facility, except as is set forth in Section 4.3 of this Service and Pricing Exhibit. As provided in Section 3.1, Facility Minimum Service Terms shall be established by mutual agreement of the parties.

Appears in 1 contract

Samples: Telecom Broadband Services Agreement (Advanced Radio Telecom Corp)

FACILITY MINIMUM SERVICE TERM. 4.1 Customer 5.1 XXX acknowledges that the Rates and charges described in Section 3 of this Service and Pricing Exhibit are based on the commitment of Customer XXX to utilize the Facilities Services for a specified minimum period of time. Therefore, notwithstanding anything in this Agreement to the contrary, Customer XXX shall be liable for and shall pay to Qwest all Rates, fees and charges which accrue under this Agreement for each Facility for the entire Facility Minimum Service Term (as defined in Section 4.2 of this Service and Pricing Exhibit) applicable to each such Facility, regardless of whether or not Customer XXX utilizes all or any part of such Facility during all or any part of the Facility Minimum Service Term applicable to such Facility, except as is set forth in Section 4.3 of this Service and Pricing Exhibit.. Qwest Communications Corporation Confidential and Proprietary 6 XXX Initials: /s/ DBS

Appears in 1 contract

Samples: Confidentiality Agreement (Electric Lightwave Inc)

FACILITY MINIMUM SERVICE TERM. 4.1 Customer acknowledges that the Rates and charges described in Section 3 of this Service and Pricing Exhibit are based on the commitment of Customer to utilize the Facilities for a specified minimum period of time. Therefore, notwithstanding anything in this Agreement Exhibit to the contrary, Customer shall be liable for and shall pay to Qwest all Rates, fees and charges which accrue under this Agreement Exhibit for each Facility for the entire Facility Minimum Service Term (as defined in Section 4.2 of this Service and Pricing Exhibit) applicable to each such Facility, regardless of whether or not Customer utilizes all or any part of such Facility during all or any part of the Facility Minimum Service Term applicable to such Facility, except as is set forth in Section 4.3 of this Service and Pricing Exhibit.

Appears in 1 contract

Samples: Private Line Services Agreement (Advanced Radio Telecom Corp)

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FACILITY MINIMUM SERVICE TERM. 4.1 Customer acknowledges that the Rates and charges described in Section 3 of this Service and Pricing Exhibit Schedule are based on the commitment of Customer to utilize the Facilities for a specified minimum period of time. Therefore, notwithstanding anything in this Agreement Exhibit to the contrary, Customer shall be liable for and shall pay to Qwest all Rates, fees and charges which accrue under this Agreement Exhibit for each Facility for the entire Facility Minimum Service Term (as defined in Section 4.2 of this Service and Pricing ExhibitSchedule) applicable to each such Facility, regardless of whether or not Customer utilizes all or any part of such Facility during all or any part of the Facility Minimum Service Term applicable to such Facility, except as is set forth in Section 4.3 of this Service and Pricing ExhibitSchedule.

Appears in 1 contract

Samples: Wholesale Services Agreement (Grace Development Inc)

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