Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. 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 25% 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: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 2575% 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, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 2550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’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 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year in any Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’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 2550% 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: (i) an amount equal to 2550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in IN any contract year Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 2550% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; Cause or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after of such termination: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’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 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.Waiver:

Underutilization and Early Termination Charges. If Customer's ’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 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’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 2550% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Initial Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty forty five (3045) days after such termination: (i) an amount equal to 2550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Initial Term, plus (ii) 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 – v5.0, excluding billing adjustment and SLA credits.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, then Customer shall will pay an “Underutilization Charge” in equal to 2550% 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 this Agreement for Cause, then Customer will pay, as Company’s sole and exclusive remedy for early termination by Customer, within thirty (30) 30 days after such termination: (i) an amount equal to 25the 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC AVC, in any contract year Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 2575% 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 of such termination: (i) an amount equal to 2575% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay an “"Underutilization Charge” " equal to 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each any subsequent contract year Contract Year remaining in the Term, plus (ii) 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 – v5.0.Waivers:

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 2575% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible will receive three credits, each equal to $36,000, applied against Customer's designated Service Charges incurred for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0Interstate and International Services.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 2575% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionPayment Arrangements: The Customer is eligible must pay for Company service within 30 days of the following promotion as set forth in date of the Guide: General Installation Waiver Promotion – v5.0Company’s invoice.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall pay an “"Underutilization Charge” " equal to 25% 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: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Termterm, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay an “"Underutilization Charge” ' equal to 2575% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the this Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 25100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, Term plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The , less any termination charges paid by Customer is eligible for pursuant to the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0Agreement.

Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC AVC, in any contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 2550% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) Company terminates the Agreement for Cause, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 2550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. If Customer's ’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 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionConversion Credit: The Customer is eligible will receive a credit equal to $6,450 to be applied against Customer’s Total Service Charges incurred for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0interstate and international services.

Underutilization and Early Termination Charges. If Customer's ’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 25% fifty percent (50%) of the unmet AVC. If: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before the end is terminated early by Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to seventy-five percent (75%) of the Term unmet AVC for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent contract year Contract Year remaining in the Term, Term plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. 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 2575% 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, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) 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 – v5.0.

Underutilization and Early Termination Charges. 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 2575% 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: (i) an amount equal to 2575% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible will a credit equal to $15,000 applied against Customer's designated Service Charges incurred for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0Interstate and International Services.