Common use of Term and Termination; Early Termination Fee Clause in Contracts

Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!’s early termination of the Agreement for cause, will require that Customer pay to WOW! an early termination fee (ETF) calculated as follows: (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, in the case of a downgrade, the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Customer agrees that WOW!’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! Customer Care by written notice to WOW! at WOW! Internet, Cable & Phone, Attn: VP of Business Operations, 0000 X Xxxxxxxxx Xxx, Xxxxx 0000, Xxxxxxxxx, XX 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!.

Appears in 6 contracts

Samples: Business Customer Agreement, Business Customer Agreement, Business Customer Agreement

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Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!FIRE DOG’s early termination of the Agreement for cause, will require that Customer pay to WOW! FIRE DOG an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! FIRE DOG including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, for all months remaining in the case applicable Service Order Term. Customer’s reduction of a Services (“downgrade”) before the expiration of the agreed upon Term without cause will require that Customer pay to FIRE DOG an early termination fee calculated as follows: (a) all unpaid amounts for Services provided through the date of the downgrade; plus (b) all related reasonable expenses of FIRE DOG including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges, all previously waived non-recurring charges for the Services and/or costs associated with implementing the downgrade; plus (c) 75% of the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC monthly recurring charges at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Unless otherwise agreed to by Customer, non-bulk video services are not subject to early termination fees. Customer agrees that WOW!FIRE DOG’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! FIRE DOG Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!FIRE DOG’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! FIRE DOG Customer Care by written notice to WOW! FIRE DOG at WOW! Internet, Cable & PhoneFIRE DOG, Attn: VP of Business OperationsCustomer Agreement Terminations, 0000 X Xxxxxxxxx Xxx00000 Xxxxxx Xxxxx, Xxxxx 0000Xxxxxxxxxx, XxxxxxxxxXxxxxxx, XX 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!FIRE DOG.

Appears in 2 contracts

Samples: Business Customer Agreement, Business Customer Agreement

Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!GULF COAST FIBERNET’s early termination of the Agreement for cause, will require that Customer pay to WOW! GULF COAST FIBERNET an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! GULF COAST FIBERNET including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, for all months remaining in the case applicable Service Order Term. Customer’s reduction of a Services (“downgrade”) before the expiration of the agreed upon Term without cause will require that Customer pay to GULF COAST FIBERNET an early termination fee calculated as follows: (a) all unpaid amounts for Services provided through the date of the downgrade; plus (b) all related reasonable expenses of GULF COAST FIBERNET including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges, all previously waived non-recurring charges for the Services and/or costs associated with implementing the downgrade; plus (c) 75% of the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC monthly recurring charges at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Unless otherwise agreed to by Customer, non-bulk video services are not subject to early termination fees. Customer agrees that WOW!GULF COAST FIBERNET’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! GULF COAST FIBERNET Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!GULF COAST FIBERNET’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! GULF COAST FIBERNET Customer Care by written notice to WOW! GULF COAST FIBERNET at WOW! Internet, Cable & PhoneGULF COAST FIBERNET, Attn: VP of Business OperationsCustomer Agreement Terminations, 0000 X Xxxxxxxxx Xxx00000 Xxxxxx Xxxxx, Xxxxx 0000Xxxxxxxxxx, XxxxxxxxxXxxxxxx, XX 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!GULF COAST FIBERNET.

Appears in 1 contract

Samples: Business Customer Agreement

Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!’s early termination of the Agreement for cause, will require that Customer pay to WOW! an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, in the case of a downgrade, the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Customer agrees that WOW!’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If the Customer provides notice of termination as specified in this Section but retains WOW! Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! Customer Care by written notice to WOW! at WOW! Internet, Cable & Phone, Attn: VP of Business Operations, 0000 X Xxxxxxxxx Xxx, Xxxxx 0000, Xxxxxxxxx, XX 00000month-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!.to-month

Appears in 1 contract

Samples: Customer Service Agreement

Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Gen eral Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!FIRE DOG’s early termination of the Agreement for cause, will require that Customer pay to WOW! FIRE DOG an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! FIRE DOG including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, for all months remaining in the case applicable Service Order Term. Customer’s reduction of a Services (“downgrade”) before the expiration of the agreed upon Term without cause will require that Customer pay to FIRE DOG an early termination fee calculated as follows: (a) all unpaid amounts for Services provided through the date of the downgrade; plus (b) all related reasonable expenses of FIRE DOG including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges, all previously waived non-recurring charges for the Services and/or costs associated with implementing the downgrade; plus (c) 75% of the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC monthly recurring charges at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Unless otherwise agreed to by Customer, non-bulk video services are not subject to early termination fees. Customer agrees that WOW!FIRE DOG’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! FIRE DOG Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!FIRE DOG’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! FIRE DOG Customer Care by written notice to WOW! FIRE DOG at WOW! Internet, Cable & PhoneFIRE DOG, Attn: VP of Business OperationsCustomer Agreement Terminations, 0000 X Xxxxxxxxx Xxx220 XXXX 000, Xxxxx #0000, Xxxxxxxxx, XX Xxxxxxx, 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!FIRE DOG.

Appears in 1 contract

Samples: Business Customer Agreement

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Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!’s early termination of the Agreement for cause, will require that Customer pay to WOW! an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, in the case of a downgrade, the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Customer agrees that WOW!’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If the Customer provides notice of termination as specified in this Section but retains WOW! Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! Customer Care by written notice to WOW! at WOW! Internet, Cable & Phone, Attn: VP of Business Operations, 0000 X Xxxxxxxxx Xxx, Xxxxx 0000, Xxxxxxxxx, XX 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!.

Appears in 1 contract

Samples: Customer Service Agreement

Term and Termination; Early Termination Fee. The term of this Agreement begins on the Commencement Date and continues for the term specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. The then current General Terms, Service Policies and pricing will apply during any renewal Term. Rates for the Services and associated discounts are based on Customer's agreement to purchase such Services for the entire applicable Term. The Agreement may be terminated in accordance with the General Terms. Notwithstanding anything in the Agreement to the contrary, Customer’s termination of the Agreement or Customer’s reduction of Services (“downgrade”) before the expiration of the agreed upon Term without cause (including a termination for convenience) or WOW!’s early termination of the Agreement for cause, will require that Customer pay to WOW! an early termination fee (ETF) calculated as follows: : (a) all unpaid amounts for Services provided through the date of termination; plus (b) all related reasonable expenses of WOW! including, but not necessarily limited to, construction and installation costs, discounts, credits or competitive contract buyout charges and/or all previously waived non-recurring charges for the Services; plus (c) 75% of the monthly recurring charges at the rates stated in an applicable Service Order form or, in the case of a downgrade, the difference between the monthly recurring charges (MRC) at the rates stated in the original Service Order form and the MRC at the rates for the downgraded service, for all months remaining in the applicable Service Order Term. Customer agrees that WOW!’s damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. Month-to-month service agreements may be terminated on thirty (30) days prior written notice. If Customer provides notice of termination as specified in this Section but retains WOW! Service, the Customer will be converted automatically to a month to month agreement at the end of the current term, and Customer’s pricing for the Service will be modified to reflect WOW!’s current month to month pricing schedule. To terminate this Agreement in accordance with this Section, Customer must notify WOW! Customer Care by written notice to WOW! at WOW! Internet, Cable & Phone, Attn: VP of Business Operations, 0000 X Xxxxxxxxx Xxx, Xxxxx 0000, Xxxxxxxxx, XX 00000-0000. The rights and remedies set forth herein shall be in addition to any and all other legal, equitable and administrative rights and remedies available to WOW!.thirty

Appears in 1 contract

Samples: Business Customer Agreement

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