Common use of Service Commitment Clause in Contracts

Service Commitment. Customer understands and agrees that Qwest requires an annual minimum (hereinafter "Service Commitment") in the amount of $65,000.00 for each applicable Qwest Region, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" is defined as any recurring and/or non-recurring charges incurred after the initial set-up charges. The Service Commitment will be due and payable as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed on the January B&C Invoices. If Customer has not received Services from Qwest under a Billing and Collection Services agreement for a full calendar year at the time the true-up is performed, then a proration will be applied to the actual number of full months for which Customer has received Services from Qwest. B. Each year during the term of this Agreement, Qwest will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year. C. Upon termination of this Agreement, the Service Commitment will be prorated using the number of days beginning with the end of the previous settlement period to the actual date of termination. Qwest will invoice Customer for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below. D. If termination of this Agreement occurs prior to the termination date specified in Section 16.A of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period from the Commencement Date to the date of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below.

Service Commitment. Customer understands and agrees that Qwest requires an annual minimum (hereinafter "Service Commitment") in the amount of $65,000.00 for each applicable Qwest Region, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" is defined as any recurring and/or non-recurring charges incurred after the initial set-up charges. The Service Commitment will be due and payable as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed on the January B&C Invoices. If Customer has not received Services from Qwest under a Billing and Collection Services agreement for a full calendar year at the time the true-up is performed, then a proration will be applied to the actual number of full months for which Customer has received Services from Qwest. B. Each year during the term of this Agreement, Qwest will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year.. Notice The information contained herein should not be disclosed to unauthorized persons. It is meant for use by authorized representatives of Qwest and Customer only. DPS B&C Contract C. Upon termination of this Agreement, the Service Commitment will be prorated using the number of days beginning with the end of the previous settlement period to the actual date of termination. Qwest will invoice Customer for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below. D. If termination of this Agreement occurs prior to the termination date specified in Section 16.A of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period from the Commencement Date to the date of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below.

Service Commitment. Customer understands In the event a particular terminal or transmitter of LICENSOR's Paging System is inoperable for a period of twenty-four (24) hours or more, and RESELLER's customer is not able to receive SERVICES because of the outage and RESELLER issues a credit because of such outage, RESELLER agrees that Qwest requires to provide an annual minimum (hereinafter "Service Commitment") in the amount accounting of $65,000.00 such credits to LICENSOR and LICENSOR agrees to credit RESELLER * period for each applicable Qwest Regionaffected pager, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" is defined as any recurring and/or non-recurring charges incurred after the initial set-up charges. The Service Commitment will be due and payable as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed on the January B&C Invoices. If Customer has not received Services from Qwest under a Billing and Collection Services agreement for a full calendar year at the time the true-up is performed, then a proration will be applied maximum of * periods in any one month. RESELLER agrees to the actual number provide an accounting to LICENSOR of full months for which Customer has received Services from Qwest. B. Each year during the term of this Agreement, Qwest will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year. C. Upon termination of this Agreement, the Service Commitment will be prorated using the number of days beginning with the end of the previous settlement period pagers for which a credit was issued by RESELLER and LICENSOR's credit to the actual date of termination. Qwest will RESELLER shall appear on RESELLER's invoice Customer for the difference between next regular billing cycle. * CONFIDENTIAL INFORMATION HAS BEEN DELETED. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT. 10 11. PUBLIC REGULATION (a) It is understood that the total Service Commitment due ultimate control and responsibility for the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer standard and is due and payable in accordance with quality of SERVICES required under the provisions of Section 7 below. D. If termination and license issued by the FCC to LICENSOR shall be retained, rest and remain the prerogative and obligation solely of LICENSOR. No provision of this Agreement occurs prior shall be construed as vesting in RESELLER any control whatsoever of the radio communication facilities and operations of LICENSOR. To the extent any performance obligations assumed in this Agreement exceed standards set by the FCC, paragraphs (b) or (c) of this section shall not be construed to relieve LICENSOR from the performance obligations assumed in this Agreement. (b) This Agreement is subject to all of the terms and conditions of LICENSOR's outstanding authorizations from the FCC and the utility regulatory agencies in the states to which this Agreement pertains, as such tariffs and authorizations are presently in effect or as they may hereafter be revised. Nothing in this Agreement shall be construed so as to impair or diminish LICENSOR's control over the facilities of the applicable stations. (c) It shall be LICENSOR's obligation to obtain all federal, state and local approvals that are required for LICENSOR's lawful participation in this Agreement. (d) This Agreement shall be terminated, amended, revised, or supplemented immediately if required by applicable law or regulation; provided, that RESELLER shall have the option to terminate this Agreement on thirty (30) days' written notice to LICENSOR, given after receipt of written notice from LICENSOR of such a required amendment, revision or supplement, that RESELLER determines will have a material impact on its products, services or business. (e) The imposition by federal, state or local regulatory agencies of any amendments, revisions, deletions or supplements to this Agreement shall thereby relieve LICENSOR and RESELLER of any obligations or liabilities to the termination date specified in Section 16.A of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period other resulting from the Commencement Date to the date of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below.this Agreement which were ordered amended, revised, deleted or supplemented; provided, that RESELLER shall have the option to terminate this Agreement on thirty (30) days' written notice to LICENSOR, given after receipt of written notice from LICENSOR of such a required amendment

Service Commitment. Customer understands and agrees that Qwest requires an annual minimum (hereinafter "Service Commitment") in the amount of $65,000.00 for each applicable Qwest Region, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services. Such Service Notice ------ The information contained herein should not be disclosed to unauthorized persons. It is meant for use by authorized representatives of Qwest and Customer only. Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" is defined as any recurring and/or non-recurring charges incurred after the initial set-up charges. The Service Commitment will be due and payable as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed on the January B&C Invoices. If Customer has not received Services from Qwest under a Billing and Collection Services agreement for a full calendar year at the time the true-up is performed, then a proration will be applied to the actual number of full months for which Customer has received Services from Qwest. B. Each year during the term of this Agreement, Qwest will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year. C. Upon termination of this Agreement, the Service Commitment will be prorated using the number of days beginning with the end of the previous settlement period to the actual date of termination. Qwest will invoice Customer for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below. D. If termination of this Agreement occurs prior to the termination date specified in Section 16.A of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period from the Commencement Date to the date of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below.

Service Commitment. a. During each Contract Year of the Term Customer understands and agrees that Qwest requires an annual minimum to purchase at least [REDACTED*] (hereinafter "Service Minimum Annual Commitment") in the amount of $65,000.00 for each applicable Qwest Region, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS servicesMSC Contributory Services. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" Contract Year is defined as the twelve month billing, period starting on the Commencement Date and any recurring and/or non-recurring anniversary thereof. MSC Contributory Services are defined as Customer's VPN Premiere, VPN Premiere FONCARD (usage and surcharges), Premier Toll Free and IP * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. SPRINT PROPRIETARY INFORMATION - RESTRICTED Products and Service Usage Charges calculated after all available Discounts. If Customer fails to satisfy the Minimum Annual Commitment, in addition to all other applicable charges, Customer will pay Sprint the difference between the Minimum Annual Commitment and Customer's actual usage charges incurred after for MSC Contributory Services for each Contract Year in which Customer does not achieve the initial set-up chargesMinimum Annual Commitment. b. If Customer terminates this Agreement or ceases to use Network Services to any material extent, except as provided in Section 5.f. The Service below, Customer will pay to Sprint the Minimum Annual Commitment divided by [REDACTED*] multiplied by the number of billing months remaining in the Term. Sprint will xxxx Customer for such amount on its next regular invoice and such amount will be due and payable according to the payment terms contained in the Tariff. c. Beginning with the first month following the Ramp Up Period, Customer agrees to purchase at least (i) [REDACTED*] minutes in Second MAC Contract Year One and (ii) [REDACTED*] minutes in Second MAC Contract Year Two ("Second MAC") of Second MAC Contributing Services. Second MAC Contract Year is defined as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed twelve month billing period starting on the January B&C Invoicesday following the Ramp Up Period and any anniversary thereof. Second MAC Contributory Services are defined as Customer's Sprint International Access Service Usage Charges. Customer's Second MAC Contributory Services Usage Charges during the Ramp Up Period shall contribute to Customer's Second MAC for Contract Year One. If Customer has not received Services from Qwest under fails to satisfy the Second MAC, in addition to all other applicable charges, Customer will pay Sprint a Billing and Collection Services agreement shortfall liability calculated based upon the applicable table below, for a full calendar year at the time the true-up is performed, then a proration will be applied to the actual number of full months for each Second MAC Contract Year in which Customer has received Services from Qwestdoes not achieve the Second MAC. B. Each year during the term of this Agreement, Qwest will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year. C. Upon termination of this Agreement, the Service Commitment will be prorated using the number of days beginning with the end of the previous settlement period to the actual date of termination. Qwest will invoice Customer for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below. D. If termination of this Agreement occurs prior to the termination date specified in Section 16.A of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period from the Commencement Date to the date of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below.

Service Commitment. Customer understands It is hereby expressed agreed between the WSC and Developer that the total retail water service to the Subdivision which is provided under this Agreement for the Subdivision shall not exceed LUEs. A. Developer agrees that Qwest requires an annual minimum (hereinafter "Service Commitment") only those residential lots identified in the amount of $65,000.00 for each applicable Qwest RegionSubdivision, as depicted in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" is defined as any recurring and/or non-recurring charges incurred after the initial set-up charges. The Service Commitment will Exhibit “A” hereto shall be due and payable as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed on the January B&C Invoices. If Customer has not received Services from Qwest under a Billing and Collection Services agreement for a full calendar year at the time the true-up is performed, then a proration will be applied provided retail water service pursuant to the actual number of full months for which Customer has received Services from Qwest. B. Each year during the term terms of this Agreement, Qwest and that WSC is under no obligation to provide retail water service to any other lots resulting from any subdivision or resubdivision of such lots occurring subsequent to this Agreement. B. Any additional phases or lots (beyond the lots depicted in Exhibit “A”) for which Developer may seek water service will invoice Customer require a new non-standard application to be filed by Developer with the end WSC approval of the second quarter WSC, and a new (or amended) agreement as to non-standard service. The cost of service to such additional phases or lots will be based upon the following year WSC’s Rate Order in effect at the time of filing any such new application for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar year. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same yearservice. C. Upon termination Notwithstanding any plat approval, Xxxxxxxxx agrees that it will not advertise or represent (either by itself or through any officers, employee or agent (to any person that retail water is available, or may be supplied, to any lot or lots in the Subdivision which are not specifically identified in Paragraph 2.A. D. The WSC reserves the right to refuse to extend water service to any property for which Developer has not expressed obtained written approval from the WSC for service, irrespective of whether or not there is any water line located on or near such property. Developer acknowledges and agrees that the WSC’s obligations to provide retail water service to the Subdivision are limited to those lots which are expressed covered in Paragraph 2.A. of this AgreementAgreement and that purchaser or purchasers of any lot or lots within the Subdivision which are not designated for retail residential water service, if any, shall have no recourse to the Service Commitment will be prorated using WSC but may have recourse to Developer. E. Developer shall include deed restrictions limiting the number of days beginning residential structures on each lot in the Subdivision to no more than one (1). Developer shall provide the WSC with a file marked copy of these deed restrictions, evidencing the end filing of the previous settlement period to same in the actual date of termination. Qwest will invoice Customer for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 below. D. If termination of this Agreement occurs county real property records, prior to the termination date specified in Section 16.A start of this Agreement, Qwest will conduct a true-up as follows: 1) Qwest will prorate the Service Commitment for the period from the Commencement Date to the date construction of termination; and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such amount will be invoiced to Customer and is due and payable in accordance with the provisions of Section 7 belowany water supply lines.

Service Commitment. a. During each Contract Year of the Term Customer understands and agrees that Qwest requires an annual minimum (hereinafter "Service Commitment") in the amount of $65,000.00 for each applicable Qwest Region, in recurring Service charges for each ABEC that is utilized for billing Customer's DPS services[REDACTED*]. Such Service Commitment is required for Customer's Actual Charges (as defined herein) incurred. For purposes of this Section, the term "Actual Charges" Contract Year is defined as the twelve month billing, period starting on the Commencement Date and any recurring and/or non-recurring charges incurred anniversary thereof. MSC Contributory Services are defined as [REDACTED*] calculated after all available Discounts. If Customer fails to satisfy the initial set-up Minimum Annual Commitment; in addition to all other applicable charges, [REDACTED*]. b. If Customer terminates this Agreement or ceases to use Network Services to any material extent, except as provided in Section 5.f. The Service Commitment below, SPRINT PROPRIETARY INFORMATION - RESTRICTED 1 [*CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.] [REDACTED*]. Sprint will xxxx Customer for such amount on its next regular invoice and such amount will be due and payable according to the payment terms contained in the Tariff. c. Beginning with the first month following [REDACTED*], Customer [REDACTED*]. Second MAC Contract Year is defined as follows: A. If the total combined Actual Charges incurred by Customer for all active ABECs, across all Qwest Regions, do not meet or exceed the Service Commitment in a given calendar year, then Qwest will conduct a true-up for that year after December actuals are billed twelve month billing period starting on the January B&C Invoicesday following [REDACTED*] and any anniversary thereof Second MAC Contributory Services are defined as [REDACTED*]. Customer's Second MAC Contributory Services Usage Charges during [REDACTED*] shall contribute to Customer's Second MAC for Contract Year One. If Customer has not received fails to satisfy the Second MAC, in addition to all other applicable charges, Customer [REDACTED*]. SECOND MAC CONTRACT YEAR ONE: Actual Second MAC Contributory Services from Qwest under a Billing and Collection USAGE MINUTES SHORTFALL LIABILITY [REDACTED*] [REDACTED*] *If, during Second MAC Contract Year One, Customer's Actual Second MAC Contributory Services agreement for a full calendar year at the time the true-up is performedUsage Minutes [REDACTED*]. SECOND MAC CONTRACT YEAR TWO: Actual Second MAC Contributory Services USAGE MINUTES SHORTFALL LIABILITY [REDACTED*] [REDACTED*] **If, then a proration will be applied to the actual number of full months for which Customer has received during Second MAC Contract Year Two, Customer's Actual Second MAC Contributory Services from QwestUsage Minutes are [REDACTED*]. B. Each year during the term of d. If Customer terminates this AgreementAgreement or ceases to use Network Services to any material extent in Second MAC Contract Year One, Qwest except as provided in Section 5.f. below, Customer will invoice Customer by the end of the second quarter of the following year for the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions during the previous calendar yearpay to Sprint a termination liability calculated as follows: [REDACTED*]. Excess Actual Charges from one or more Qwest Region(s) may satisfy any amounts owing in one or more Qwest Region(s) for the same year. C. Upon termination of this Agreement, the Service Commitment Sprint will be prorated using the number of days beginning with the end of the previous settlement period to the actual date of termination. Qwest will invoice xxxx Customer for the difference between the total Service Commitment due such amount on its next regular invoice and the Actual Charges incurred by Customer across all Qwest Regions. Such such amount will be invoiced to Customer and is due and payable according to the payment terms contained in accordance with the provisions of Section 7 belowTariff. D. e. If termination of this Customer terminates the Agreement occurs prior or ceases to the termination date specified use Network Services to any material extent in Second MAC Contract Year Two, except as provided in Section 16.A of this Agreement5.f. below, Qwest Customer will conduct pay to Sprint a true-up termination liability calculated as follows: 1) Qwest [REDACTED*]. Sprint will prorate the Service Commitment xxxx Customer SPRINT PROPRIETARY INFORMATION - RESTRICTED 2 [*CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.] for the period from the Commencement Date to the date of termination; such amount on its next regular invoice and 2) will calculate the difference between the total Service Commitment due and the Actual Charges incurred by Customer across all Qwest Regions. Such such amount will be invoiced to Customer and is due and payable according to the payment terms contained in accordance with the provisions Tariff. f. If Customer elects to purchase a new Service offering made available by Sprint during the Term as a direct substitute and replacement Service for any MSC Contributory Service, Customer's Service Usage Charges for its use of Section 7 belowthe new Service will contribute toward Customer's Minimum Service Commitment.