Common use of Ramp Period Clause in Contracts

Ramp Period. The Ramp Period shall begin on the Effective Date and continue for a period of three (3) months following the Effective Date. Commencing with the Effective Date and at all times during the Ramp Period thereafter, Customer will receive the rates, discounts, charges and credits set forth herein and will not be subject to the AVC. Upon expiration of the Term, the Agreement will be 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: Customer agrees to pay Company no less than $300,000 in Total Service Charges during each 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 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be as listed below in Total Service Charges or a pro rata portion thereof for any partial Volume Commitment Period: 1st Volume Commitment Period - $1,200,000 2nd Volume Commitment Period - $600,000 3rd Volume Commitment Period - $50,000 Commencing on the 2nd Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period: Initial Term Volume Commitment - $10,500,000 2004 Volume Commitment – $2,000,000 Extended Term Monthly Minimum: During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed $291,667. Commencing on the 8th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $13,500,000 2005 Volume Commitment – $3,960,000 Commencing on the 11th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $24,500,000 Commencing on the 14th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $16,700,000 Commencing on the 15th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Contract Year AVC 1st $ 9,950,000 2nd $10,950,000 3rd $11,950,000

Ramp Period. The “Ramp Period shall begin Period” begins on the 2nd Amendment Effective Date and continue for a period ends after 9 full months. If the implementation of three (3) months following the Effective Dateproject finishes early and Customer provides notice to Company, the parties will amend the Agreement to modify the Ramp Period. Commencing with the Effective Date and at At all times during the Ramp Period thereafterPeriod, Customer will receive the rates, discounts, charges and credits set forth herein in the Agreement and will not be subject to the AVC. Upon One Year Extension: Customer may provide notice to Company, at least thirty (30) days prior to the expiration of the Initial Term, that Customer wishes to extend the Agreement will be automatically extended on Term for a monthone-to-month basis unless either party terminates year period following the expiration of the Initial Term. The parties shall execute an amendment to this Agreement extending the Term for a one-year period (each one-year period, a “One Year Extended Term”). During the One Year Extended Term, all terms and conditions of the Agreement, including AVC, early termination liability and underutilization, shall apply. Second One Year Extension: Following the expiration of the First Extended Term, upon at least sixty (60) days written notice, Customer will provide notice prior to Company that Customer wishes to extend the term for another one-year period and, if Company agrees, the parties shall execute an amendment to the end of Agreement extending the Initial Term for a one-year period (the “Second Extended Term”). During the Second Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written noticeall terms and conditions of the Agreement, including AVC early termination liability and underutilization, shall apply. Minimum Annual Volume Commitment: Customer agrees to pay Company no less than Commitment (“AVC”): $300,000 240,000.00 in Total Service Charges (“AVC”) during each 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 1st Amendment Effective Date and for the remainder contract year of the Term, Customer’s new AVC will be as listed below in Total Service Charges or a pro rata portion thereof for any partial Volume Commitment Period: 1st Volume Commitment Period - $1,200,000 2nd Volume Commitment Period - $600,000 3rd Volume Commitment Period - $50,000 . Commencing on the 2nd Amendment Effective Date and for the remainder of the Term, CustomerXxxxxxxx’s new Minimum Volume Commitment AVC will be as listed below $636,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period: Initial Term Volume Commitment - $10,500,000 2004 Volume Commitment – $2,000,000 Extended Term Monthly Minimum: During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed $291,667. Commencing on the 8th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for current contract year and any partial Volume Commitment Period. Initial Term Volume Commitment - $13,500,000 2005 Volume Commitment – $3,960,000 Commencing on the 11th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $24,500,000 Commencing on the 14th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $16,700,000 Commencing on the 15th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Contract Year AVC 1st $ 9,950,000 2nd $10,950,000 3rd $11,950,000subsequent contract year(s).

Ramp Period. The “Ramp Period shall begin Period” begins on the Effective Date and continue for a period ends the earlier of three (3) 12 months following after the Effective DateDate or the first day of the second (2nd) full billing period following Customer’s written notice to Company that Customer elects to terminate the Ramp Period. Commencing with the Effective Date and at all times during the Ramp Period thereafter, Customer will receive the rates, discounts, charges and credits set forth herein and will not be subject to the AVC. Upon expiration Customer, at its sole discretion, shall have the option to extend the Initial Term for a period of the twelve (12) months (“First Extended Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty ”) by providing Company with thirty (6030) days written notice prior to the end expiration of the Initial Term. Thereafter, the Parties may agree to extend the First Extended Term for an additional period of twelve (12) months (“Second Extended Term”). During the Extended Term) by Customer’s notification to Company, either party may terminate this Agreement upon in writing, at least sixty thirty (6030) days prior written noticeto the expiration of the First Extended Term of its desire to extend the Agreement. Company will be deemed to consent to such request unless it notifies Customer to the contrary, in writing within 15 days of receipt of Customer’s notification. Minimum Annual Volume Commitment: Commitment (“AVC”): Customer agrees to pay Company no less than $300,000 the following amounts in Total Service Charges (defined below) during each Contract Year: $8,000,000 in Contract Year 1, $10,000,000 in Contract Year 2 and $11,000,000 in Contract Year 3 (each, the “AVC”). During each monthly billing period Ramp-Down Period. Provided that (i) Customer is not terminating this Agreement early for other than “Cause” and (ii) Company is not terminating this Agreement for “Cause” and (iii) Customer has satisfied all of its obligations under this Agreement, at Customer’s thirty (30) days prior written request, Company will continue to furnish the Services at the same rates and charges set forth herein for up to six (6) additional months after the expiration of the Extended Term, Customer’s Total Service Charges must equal Term or exceed one-twelfth (1/12) after the termination of the AVCAgreement and Customer shall not be subject to a volume commitment (“Ramp-Down Period”) and Company shall not be subject to any SLAs. Commencing on Customer may terminate this Agreement during the 1st Amendment Effective Date Ramp-Down Period by providing Company with thirty (30) days written notice. Rates and for the remainder of the Term, Customer’s new AVC will be as listed below in Total Service Charges or a pro rata portion thereof for any partial Volume Commitment Period: 1st Volume Commitment Period - $1,200,000 2nd Volume Commitment Period - $600,000 3rd Volume Commitment Period - $50,000 Commencing on the 2nd Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period: Initial Term Volume Commitment - $10,500,000 2004 Volume Commitment – $2,000,000 Extended Term Monthly Minimum: During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed $291,667. Commencing on the 8th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $13,500,000 2005 Volume Commitment – $3,960,000 Commencing on the 11th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $24,500,000 Commencing on the 14th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Initial Term Volume Commitment - $16,700,000 Commencing on the 15th Amendment Effective Date and for the remainder of the Term, Customer’s new Minimum Volume Commitment will be as listed below in Total Service Charges, or a pro rata portion thereof for any partial Volume Commitment Period. Contract Year AVC 1st $ 9,950,000 2nd $10,950,000 3rd $11,950,000: