Underutilization and Early Termination Sample Clauses

Underutilization and Early Termination. If, in any Contract Year during the Initial Term, the Customer’s Total Service Charges do not meet or exceed the AVC, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an “Underutilization Charge” in an amount equal to 100 %of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 100% of the difference between the AVC and the Customer’s Total Service Charges during such monthly billing period. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause, or (b) the Company terminates this Agreement for Cause, then the Customer must pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer. One-Time Credit: Provided that Customer executes and delivers the Agreement to Company no later than an agreed upon date, Customer shall receive two credits equal to $45,000, which will be applied against Customer's Interstate Total Service Charges.

Underutilization and Early Termination. During the Term of the Agreement, for each complete Contract Year, if the Total Service Charges do not reach the AVC for that Contract Year, Customer shall pay an additional charge equal to the difference between the AVC for that Contract Year and the Total Service Charges for that Contract Year (“Underutilization Charge”). If Customer terminates the Agreement before the end of the Term of the Agreement for reasons other than Cause or if Verizon terminates the Agreement for Cause, then Customer will pay, within the payment terms established herein, except as otherwise set forth in the Agreement, an early termination charge equal to 100% of the unsatisfied AVC remaining during the Contract Year of termination, and for each subsequent Contract Year remaining in the Term. If Customer terminates the Agreement before the end of the Term of the Agreement for Cause then Customer will have no obligation to pay any Underutilization Charge, early termination charge, or Termination for Convenience Fee. OC-12 SmartRing Monthly Underutilization Charges: If in any monthly period, Customer’s Total Service Charges for OC-12 SmartRing Service do not meet or exceed the OC-12 SmartRing Minimum MRC, then Customer musts pay: (i) all accrued but unpaid charges incurred under the Service Attachment; and (ii) an “Underutilization Charge” in an amount equal to 100% of the difference between Customer’s Total Service Charges for OC-12 SmartRing Service and the monthly recurring charge during such monthly period. Semi-Annual Credits: Customer will receive ten credits each equal to $500,000 to be applied Company’s charges for interstate and international Services or other charges mutually agreed by Customer and Company in the 6th, 12th, 18th, 24th, 30th, 36th, 42nd, 48th, 54th and 60th months (for a total of $5,000,000, Transition Credit: Customer will receive a credit of $1,666,666.67 by having Private IP and Managed WAN Services in place at 500 additional locations (1,000 total locations). Credit will be applied against 10 billing account number designated by Customer.

Underutilization and Early Termination. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 75% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to 75% of the unmet AVC plus a pro rata portion of any credits received by Customer. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Charges. Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT/third party services (including International Access and Company International), (v) Data Services, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice Over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (ILECs) or by Cellco Partnership and its affiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack or wiring charges), taxes to tax-like surcharges, or other Governmental Charges will not be waived. Initial Term: 24 months. 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 (“AVC”): $300,000 in Total Service Charges

Underutilization and Early Termination. If Customer’s Total Service Charges do not reach the TVC during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 25% of the unmet TVC. If Customer’s Total Service Charges do not reach the TVC because the Agreement was terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet TVC plus a pro rata portion of any credits received by Customer.

Underutilization and Early Termination. If, in any Contract Year of the Term, Customer's Contributing Charges are less than the AVC, then Customer shall pay: (1) all accrued but unpaid charges incurred by Customer; and (2) an underutilization charge equal to 75% of the difference between Customer's Contributing Charges during such Contract Year and the AVC. If Customer terminates these Global Terms prior to the expiry of the Term or a Service prior to the applicable Service Commitment other than for Cause, if any, or Company terminates these Global Terms or a Service for Cause, Customer will pay Company the following with respect to all Services affected by the termination, which Customer acknowledges are liquidated damages reflecting a reasonable measure of actual damages and not a penalty: (a) all accrued but unpaid charges incurred through the date of such termination; (b) a pro rata portion of credits and waivers received by Customer hereunder (excluding Annual Achievement Credit and Achievement Credits earned in any Contract Year and credits to compensate for service failures).

Underutilization and Early Termination. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination, an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion - v6.0 Initial Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $2,820,000 in Total Service Charges (“AVC”) during each contract year of the Term.