Switched Services Take or Pay Commitment Clause Samples

Switched Services Take or Pay Commitment. (a) Subject to Section 4, Excel shall have a "Switched Services Take or Pay Commitment" in the aggregate amount of *, which shall be satisfied by Excel during the period commencing on March 1, 1998, and ending twelve (12) months after the Effective Date (the "Switched Services Commitment Expiration Date"). To the extent that Excel has not paid (in the form of money or the receipt of credits as specified in Section 1.2(b) hereof) for Switched Services hereunder in an aggregate amount equal to the aggregate amount of the Switched Services Take or Pay Commitment by the Switched Services Commitment Expiration Date at the Usage Charge rates specified in Exhibit A or Exhibit B, as applicable, then Excel shall be obligated to pay to IXC * of the difference of (i) the * Switched Services Take or Pay Commitment less (ii) the actual amount paid by Excel during such period, whether or not such Switched Services are used. Excel shall not be required to make any partial or pro rata payments (periodic or otherwise) in respect of the Switched Services Take or Pay Commitment prior to the Switched Services Commitment Expiration Date. All Usage Charges for domestic and international terminating minutes, 8XX origination services, switchless services, calling cards, debit cards and Mexico 800 origination services provided under the Switched Services shall be counted towards the Switched Services Take or Pay Commitment. (b) Excel shall pay for Switched Services hereunder at the Usage Charges reflected in Exhibit A or Exhibit B, as applicable. In addition, all payments received by IXC from Excel (or credits received by Excel) with respect to Switched Minutes (whether such minutes were used by Excel under the Original Agreement or under this Agreement) on or after March 1, 1998, shall count towards the Switched Services Take or Pay Commitment. In addition, the parties hereby acknowledge that the pricing for Switched Minutes under this Agreement is lower than the pricing under the Original Agreement and that it is the intent of the parties that Excel receive the benefit of such new and reduced pricing for the entire calendar year of 1998; provided Excel meets or exceeds the Usage * Confidential material has been omitted and filed separately with the Securities and Exchange Commission. Charges set forth in the last sentence of this Section 1.2(b). Accordingly, Excel shall receive and apply such credit against and commencing with payments to be made by Excel for minutes used in Mar...