Common use of Installation Waiver Clause in Contracts

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company Verizon incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 48 months Commencing on the 1st 4th Amendment Effective Date, the Term will start anew and continue be extended for a period of 36 months12 months following the expiration of the Initial Term. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 480,000.00 in Total Service Charges in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 180,000.00.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement As of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term6th Amendment Effective Date, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of AVC is $180,000 for the AVCcurrent contract year and any subsequent contract year(s).

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 200,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company Verizon incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 24 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 12,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges (excluding installation charges by third party providers contracted for by Customer) associated with the implementation of Services within the 48 contiguous States states of the U.S. provided under this Agreement Agreement; except for the following services: Services (unless specifically provided for to the contrary in the relevant service attachment): (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Advantage Services, (x) Enhanced Call Routing, (x) Local Disaster Recovery, and (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Access Coordination and Central Office Coordination Charges (AC/COC). AC/COC charges will be waived for all circuits, regardless of the installation date of the circuit Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 3,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. INSTALL WAIVER – DIGITIAL T1 ACCESS Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Commencing on the 1st 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 $120,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges Waivers. The Company will not be waivedwaive the one-time Development and Implementation per application charge of $1,000. Term: 36 months The “Initial Term: 12 months Commencing ” of this Agreement shall begin this Agreement shall begin on the 1st Amendment Effective Date, Date and end upon the Term will start anew and continue for a period completion of 36 thirty-six (36) months. Upon the expiration of the Initial Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Extended Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended ) on a month-to-month basis for up to three (3) months, unless either party terminates this Agreement upon at least sixty (60) days has delivered written notice prior of its intent to terminate the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior to the end of the Initial Term. Either party may terminate this Agreement during the Extended Term upon sixty (60) days written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.Data:

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: ON THE NETWORK V CROSS CONNECT PROMOTION Initial Term: 12 24 months Commencing on the 1st 7th Amendment Effective Date, the Term will start anew and continue be extended for a period of 36 48 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 84,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 36 months Commencing on following the 1st Amendment Effective Date, expiration of the Term will start anew and continue for a period of 36 monthsRamp Period. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial TermTerm and Renewal Options: 12 36 months Commencing on the 1st 4th Amendment Effective Date, the Term will start anew and continue be extended for a period of 36 24 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 192,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 4th Amendment Effective Date and for Date, the remainder of the Term, Customer’s new minimum AVC will be $1,100,000.00 400,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCYear.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and the Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by the Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a the Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Payment Arrangements: Customer agrees to pay all the Company charges (except disputed amounts) within thirty (30) days of invoice date. Initial Term: 12 36 months Commencing on the 1st 3rd Amendment Effective Date, the Term will start anew and continue be extended for a period of 36 months12 months following the expiration of the Initial Term. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year The terms of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay continue to apply during any service-specific commitments that extend beyond the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges (excluding installation charges by third party providers contracted for by Customer) associated with the implementation of Services within the 48 contiguous States states of the U.S. provided under this Agreement Agreement; except for the following services: Services (unless specifically provided for to the contrary in the relevant service attachment): (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Advantage Services, (x) Enhanced Call Routing, (x) Local Disaster Recovery, and (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Access Coordination and Central Office Coordination Charges (AC/COC). AC/COC charges will be waived for all circuits, regardless of the installation date of the circuit Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 2nd Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term will start anew and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing continue for a period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC36 months.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 325,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotions: ON THE NETWORK V CROSS CONNECT PROMOTION ON THE NETWORK V LIT BUILDING ACCESS PROMOTION LD VOICE – DEDICATED/LOCAL ORIGNATION PROMOTION FOR NEW LD CUSTOMERS Initial Term: 12 36 months Commencing on the 1st 8th Amendment Effective Date, the Term will start anew and continue for a period of 36 24 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 8th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 12,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 320,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges” means all charges, or a pro rata portion thereof after application of all discounts and credits, incurred by Customer for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and Services provided that Customer has met all of its other obligations to date under the this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer may request in writing at any time after the Initial Term following the Effective Date its acquisition of goods or the Achievement of the Initial Term commitment that services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and Customer negotiate a mutually agreeable amendment to (i) other charges expressly excluded by this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCAgreement.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Total Volume Commitment (“AVCTVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 600,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Alternate Routing Waiver: Company will waive all 800 services Alternate Routing Feature charges associated with the implementation and maintenance of Alternate Routing plans for Customer’s 800 service charges. If this amount exceeds $12,300, Company reserves the right to charge Customer for the overage amount exceeding $12,300. Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 6,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges” means all charges, or a pro rata portion thereof after application of all discounts and credits, incurred by Customer for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and Services provided that Customer has met all of its other obligations to date under the this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer may request in writing at any time after the Initial Term following the Effective Date its acquisition of goods or the Achievement of the Initial Term commitment that services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and Customer negotiate a mutually agreeable amendment to (i) other charges expressly excluded by this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCAgreement.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement the Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Celico Partnership and its affiliates d/b/a Company Wirelessaffiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 36 months Commencing on following the 1st Amendment Effective Date, expiration of the Term will start anew and continue for a period of 36 months. Ramp Period Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Toll Free Number. The Company will waive the $50.00 charge per Toll Free Number, in addition the Company will waive the ICT charge of $50.00 per month, per Toll Free Number for ECR Service. Network Manager. The Company will waive the monthly recurring charge associated with Network Manager. Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 84,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges” means all charges, or a pro rata portion thereof after application of all discounts and credits, incurred by Customer for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and Services provided that Customer has met all of its other obligations to date under the this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer may request in writing at any time after the Initial Term following the Effective Date its acquisition of goods or the Achievement of the Initial Term commitment that services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and Customer negotiate a mutually agreeable amendment to (i) other charges expressly excluded by this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCAgreement.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: On The Network V Lit Building Access Promotion Initial Term: 12 36 months Commencing on following the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”)Ramp Period. Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 2,250,000 in Total Service Charges (“AVC”) during each contract year of the TermTerm (following the expiration of the Ramp Period). Commencing on the 1st 8th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the AgreementDate, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment agrees to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 the following amounts in Total Service Charges during each Contract Year (each, the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.”): Contract Year 1: $2,250,000 Contract Year 2: $2,970,000 Contract Year 3: $2,970,000

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 325,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Company will waive the per-application non-recurring charge for Development and Implementation associated with the Enhanced Call Routing. Initial Term: 12 36 months Commencing on the 1st 4th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the The Agreement will be automatically extended for an additional six (6) months (“Renewal Extended Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended ) on a month-to-month basis upon the expiration of the Initial Term, unless either party terminates this had delivered written notice of its intent to terminate the Agreement upon at least sixty (60) 60 days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either Either party may terminate this Agreement during the Extended Term upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment Term shall mean the Initial Term and the Extended Term. TVC Commitment: Customer agrees to pay Company no less than $ 2,600,000.00 in Total Service Charges (defined below) during the Initial 3 year Term (the AVCTVC): ). Commencing on the 4th Amendment Effective Date (before expiration of the initial 3 year Term), the TVC is deleted from the contract and is no longer required to be fulfilled by the Customer. The Customer did not fulfill the TVC Commitment. AVC Commitment: Commencing on the 4th Amendment Effective Date and in lieu of the TVC commitment, Customer agrees to pay Company $400,000.00 950,000 in Total Service Charges (“AVC”) during each contract year Contract Year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement is defined as a consecutive twelve month period of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase starting on the 4th Amendment Date. Extended Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term CommitmentAVC: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) 1/12th of the AVC.

Appears in 1 contract

Samples: Service Agreement

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Installation Waiver. Company will waive the one-time installation charges (excluding installation charges by third party providers contracted for by Customer) associated with the implementation of Services within the 48 contiguous States states of the U.S. provided under this Agreement Agreement; except for the following services: Services (unless specifically provided for to the contrary in the relevant service attachment): (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Advantage Services, (x) Enhanced Call Routing, (x) Local Disaster Recovery, and (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Access Coordination and Central Office Coordination Charges (AC/COC). AC/COC charges will be waived for all circuits, regardless of the installation date of the circuit Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 2nd Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term will start anew and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing continue for a period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC36 months.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: On The Network V Lit Building Access Promotion Initial Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Promotion: The Customer is eligible for the following promotion as set forth in the Guide: REGIONAL CHECKBOOK-Monthly Option- 3 Plus Years Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 24,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges” means all charges, or a pro rata portion thereof after application of all discounts and credits, incurred by Customer for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and Services provided that Customer has met all of its other obligations to date under the this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer may request in writing at any time after the Initial Term following the Effective Date its acquisition of goods or the Achievement of the Initial Term commitment that services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and Customer negotiate a mutually agreeable amendment to (i) other charges expressly excluded by this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCAgreement.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial TermToll Free Surcharge: 12 months Commencing on The Company will waive the 1st monthly recurring charges per service group for Inbound Voice Service using Business Line terminations. Customer must have billed at least $20,000 in conferencing usage with all vendors combined in the month immediately preceding the 4th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / PTT/third party services (including International Access and Company International), (v) Data CenterServices, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over Over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (ILECs) or by Cellco Partnership and its affiliates d/b/a Company Wirelessaffiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, jack or wiring charges), taxes or to tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 24 months Commencing on the 1st 3rd Amendment Effective Date, the Initial Term will start anew and continue for a period of 24 months. Commencing on the 6th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 210,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 275,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract yearContract Year. In Commencing on the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the 3rd Amendment Effective Date and provided that Customer has met all of its other obligations to date under for the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement remainder of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Term, Customer’s written request, then the Agreement new AVC will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than be $200,000.00 300,000.00 in Total Service Charges during the Renewal TermCharges, or a pro rata portion thereof for any partial Contract Year. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.. Commencing on the 6th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $340,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, ; (xi) Audio, Video Video, and Net Conferencing, (xii) Voice over IP ServicesOver IP, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, Priority and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Calico Partnership and its affiliates d/b/a affiliates, Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted listed or non-published listed number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 60,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company Company’s incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial charges Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 6,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges” means all charges, or a pro rata portion thereof after application of all discounts and credits, incurred by Customer for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and Services provided that Customer has met all of its other obligations to date under the this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer may request in writing at any time after the Initial Term following the Effective Date its acquisition of goods or the Achievement of the Initial Term commitment that services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and Customer negotiate a mutually agreeable amendment to (i) other charges expressly excluded by this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCAgreement.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and the Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by the Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a the Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Payment Arrangements: Customer agrees to pay all the Company charges (except disputed amounts) within thirty (30) days of invoice date. OPTION NO: 65563803 Initial Term: 12 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year The terms of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay continue to apply during any service-specific commitments that extend beyond the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. The Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and the Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by the Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a the Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Monitoring Condition: Access is not eligible and is additional for the Private Line DS0, DS-1 and DS-3 discounts. Customer certifies that any private line circuit will carry more than 10% interstate traffic. Initial Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty thirty (6030) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty thirty (6030) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 100,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Option No. 238995

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 24 months Commencing on following the 1st Amendment Effective Date, expiration of the Term will start anew and continue for a period of 36 months. Ramp Period Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / PTT/third party services (including International Access and Company International), (v) Data CenterServices, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over Over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (ILECs) or by Cellco Partnership and its affiliates d/b/a Company Wirelessaffiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, jack or wiring charges), taxes or to tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 24 months Commencing on the 1st 3rd Amendment Effective Date, the Initial Term will start anew and continue for a period of 24 months. Commencing on the 6th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Commencing on the 11th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 210,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 275,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract yearContract Year. In Commencing on the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the 3rd Amendment Effective Date and provided that Customer has met all of its other obligations to date under for the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement remainder of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Term, Customer’s written request, then the Agreement new AVC will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than be $200,000.00 300,000.00 in Total Service Charges during Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the Renewal 11th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $12,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.. Commencing on the 6th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $340,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 6,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Install Waiver – Digital T1 Access Initial Term: 12 32 months Commencing on the 1st 9th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. The Initial Term begins upon the 12th Amendment Effective Date and ends upon the completion of 36 months. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations agrees to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 the following in Total Service Charges during each Contract Year (“the Renewal Term. AVC”): Contract Year 1: $400,000 Contract Year 2: $400,000 Partial Contract Year 3: $276,000 During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Commencing on the 9th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $400,000 in Total Service Charges. Commencing on the 12th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $240,000 in Total Service Charges. A “Contract Year” will be each consecutive 12 month period following the 12th Amendment Effective Date.

Appears in 1 contract

Samples: Amendment 28

Installation Waiver. Company will waive the one-time installation charges and other one-time, non-recurring, standard (non-expedite) Company-imposed charges associated with the implementation of Company Services provided under the agreement within the 48 contiguous United States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (viv) Data Center, (viv) Paging, (viivi) Managed Services, (viiivii) CPE, (ixviii) Enhanced Call Routing, (xix) Local Disaster Recovery, (xix) Audio, Video Video, and Net Conferencing, (xiixi) Voice over IP Services, (xiiixii) Security Services, (xivxiii) Non-Listing/Non-Published Service, (xvxiv) Telecommunications Service Priority, and (xvixv) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wirelessaffiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. OPTION NO. 54892701 (rev. Mar 13 Amendment 3) Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 45,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 50,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 1 contract

Samples: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Initial Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Install Waiver – Digital T1 Access Term: 12 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue be extended for a period of 36 months. Upon 24 months following the expiration of the Term, the Agreement will be automatically extended for an additional six (6) months (“Renewal Term”). Upon expiration of the Renewal Term, the Agreement is automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,100,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. In the event that Customer’s Total Service Charges exceed the AVC during the first Contract Year following the Effective Date and provided that Customer has met all of its other obligations to date under the Agreement, Customer may request in writing at any time after the Initial Term following the Effective Date or the Achievement of the Initial Term commitment that Company and Customer negotiate a mutually agreeable amendment to this Agreement to increase the Term and AVC hereunder and provide pricing commensurate with such increased commitments. In the event Company and Customer falls to agree on such amendment within thirty days of Customer’s written request, then the Agreement will remain in full force and effect and enforceable with its existing terms. Renewal Term Commitment: Customer will pay the Company no less than $200,000.00 in Total Service Charges during the Renewal Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCRamp Period.

Appears in 1 contract

Samples: Amendment 28

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