Common use of Service Continuation Clause in Contracts

Service Continuation. In the event that (a) You fail to pay any outstanding amounts within sixty (60) days of any uncontested amount due or (b) Your End User accounts experience excessive churn, Intermedia shall have the right to assume responsibility for any customer accounts for which payments are due. In this event, these accounts would be branded, billed and supported directly by Intermedia. You may be eligible to receive a monthly recurring Advisor commission (less any monies due for prior service) with respect to any of Your customer accounts that are converted into Intermedia direct customer accounts in accordance with this Section 4.9, pursuant to the then-current Intermedia Advisor rates posted at xxxx://xxx.xxxxxxxxxx.xxx; provided that (i) to be eligible to receive any such commissions, You must (A) agree to Intermedia’s standard form of Advisor Agreement and (B) provide cooperation, as requested by Intermedia, with respect to the conversion and transition of the customer accounts to Intermedia (including without limitation providing Intermedia-approved communication to the impacted customers and providing Intermedia with all information reasonably necessary to facilitate the conversion and transition of the customer accounts); and (ii) notwithstanding the foregoing, You shall not be entitled to any special incentives, bounties, or one- time payments payable under Intermedia’s Advisor program. Notwithstanding the conversion of You to an Advisor model pursuant to this Section 4.9, You shall nonetheless remain liable for all unpaid and outstanding amounts owed by You to Intermedia for all transactions taking place under this Agreement prior to such conversion.

Service Continuation. In the event that (a) You fail to pay any outstanding amounts within sixty (60) days of any uncontested amount due or or (b) Your End User accounts experience excessive churn, Intermedia NEC shall have the right to assume responsibility for any customer accounts for which payments are due. In this event, these accounts would be branded, billed and supported directly by IntermediaNEC. You may be eligible to receive a monthly recurring Advisor Agent commission (less any monies due for prior service) with respect to any of Your customer accounts that are converted into Intermedia NEC direct customer accounts in accordance with this Section 4.9, pursuant to the then-current Intermedia Advisor NEC Agent rates posted at xxxx://xxx.xxxxxxxxxx.xxxxxxxx://xxxxxxx.xxxxxxxx.xxxx/legal/; provided that (i) to be eligible to receive any such commissions, You must (A) agree to IntermediaNEC’s standard form of Advisor Agency Partner Agreement and (B) provide cooperation, as requested by IntermediaNEC, with respect to the conversion and transition of the customer accounts to Intermedia NEC (including without limitation providing Intermedia-NEC- approved communication to the impacted customers and providing Intermedia NEC with all information reasonably necessary to facilitate the conversion and transition of the customer accounts); and (ii) notwithstanding the foregoing, You shall not be entitled to any special incentives, bounties, or one- one-time payments payable under IntermediaNEC’s Advisor Agency program. Notwithstanding the conversion of You to an Advisor model Agent pursuant to this Section 4.9, You shall nonetheless remain liable for all unpaid and outstanding amounts owed by You to Intermedia NEC for all transactions taking place under this Agreement prior to such conversion.