Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, then the Customer will pay, within thirty (30) days after such termination; (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) 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.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

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Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) 100% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, Cause then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) 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.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twentyfifty-five percent (2550%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, Cause then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twentyfifty-five percent (2550%) 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. Credits: One Time Credit: Customer will receive a $200,000 credit applied against the Customer’s interstate Total Service Charges.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twentyone-five percent hundred (25100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twentyone-five percent hundred (25100%) 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.. OPTION NO. 52965902

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) 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.. OPTION NO. 54586902

Appears in 1 contract

Samples: enterprise.verizon.com

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Underutilization and Early Termination Charges. If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twentyone-five percent hundred (25100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company Verizon terminates this Agreement for Cause, Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twentyone-five percent hundred (25100%) 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.. OPTION NO. 52965902

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Early Termination Charges. If, in any Contract Year contract year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this the Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the AVC and Customer's Total Service Charges during that Contract Yearcontract year. If: (a) Customer terminates this the Agreement before the end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) Company terminates this the Agreement for Cause, Cause then the Customer will pay, within thirty (30) days after such termination; : (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year contract year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer.. Waivers:

Appears in 1 contract

Samples: enterprise.verizon.com

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