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 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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant to a Business Downturn clause included in the Customer’s Agreement, Customer is granted a one-time waiver of an underutilization charge, equal to $37,250.00, due to a shortfall in meeting the AVC commitment for the 2nd Contract Year. Waivers: 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 Center, (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, (xii) Security Services, (xiv) Non-Listed/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, and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 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”): $60,000 in Total Service Charges

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 AVCAVC for that Contract Year. 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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant to a Business Downturn clause included in the Customer’s Agreement, Customer is granted a will receive one-time waiver credit of an underutilization charge$38,000.00, applied against Customer’s designated Service Charges incurred for Interstate and International Services and other services mutually agreed by Customer and Company. Fund Deposit: Customer will receive 3 credits equal to $37,250.00, due 20,000 each to a shortfall in meeting the AVC commitment for the 2nd Contract Yearbe applied to Customer’s Fund account. Waivers: 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; 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 Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, Video and Net Conferencing, (xii) Voice over IP Services, (xiixiii) Security Services, (xiv) Non-ListedListing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (‘“ILECs”) or by Cellco Partnership and its affiliatesaffiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. PromotionAC/COC: The Customer is eligible Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection Charges. Toll Free Service Waiver: Company will waive Customer’s monthly recurring charge for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 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 Switched Toll Free Service (60CBL) days written notice prior to the end of the Initial Term and Dedicated Toll Free Service (“Extended Term”DAL). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $60,000 in Total Service Charges.

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" in an amount equal to 25% of the unmet AVC. If Customer's ’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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant One-Time Fund Deposit: Customer will receive a credit of $54,000.00 to a Business Downturn clause included in the be applied to Customer’s Agreement, Customer is granted a one-time waiver of an underutilization charge, equal to $37,250.00, due to a shortfall in meeting the AVC commitment for the 2nd Contract YearFund account. Waivers: 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; 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 Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video, Video and Net Conferencing, (xii) Voice over IP Services, (xiixiii) Security Services, (xiv) Non-ListedListing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company Company’s incumbent local exchange carriers (‘“ILECs”) or by Cellco Partnership and its affiliatesaffiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 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”): $60,000 in Total Service Charges.

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 AVCAVC for that Contract Year. 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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant to a Business Downturn clause included in the Customer’s Agreement, Customer is granted a will receive one-time waiver credit of an underutilization charge$38,000.00, applied against Customer’s designated Service Charges incurred for Interstate and International Services and other services mutually agreed by Customer and Company. Fund Deposit: Customer will receive 3 credits equal to $37,250.00, due 20,000 each to a shortfall in meeting the AVC commitment for the 2nd Contract Yearbe applied to Customer’s Fund account. Waivers: 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; 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 Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, Video and Net Conferencing, (xii) Voice over IP Services, (xiixiii) Security Services, (xiv) Non-ListedListing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (‘“ILECs”) or by Cellco Partnership and its affiliatesaffiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. PromotionAC/COC: The Customer is eligible Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection Charges. Toll Free Service Waiver: Company will waive Customer’s monthly recurring charge for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 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 Switched Toll Free Service (60CBL) days written notice prior to the end of the Initial Term and Dedicated Toll Free Service (“Extended Term”DAL). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $60,000 in Total Service Charges.

Underutilization and Early Termination Charges. If Customer's Total Service Charges If, in any month of the Term, the customer’s total service charges do not reach meet or exceed the AVC in any Contract Year during Monthly revenue Commitment, then the Initial Term; Customer shall pay an "Underutilization Charge" equal to 25the Company the following: 100% of the unmet AVCdifference between the total service charges and the Monthly Revenue Commitment. 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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant to a Business Downturn clause included in the Customer’s Agreement, Customer is granted a one-time waiver of an underutilization charge, equal to $37,250.00, due to a shortfall in meeting the AVC commitment for the 2nd Contract Year. Waivers: 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 Center, (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, (xii) Security Services, (xiv) Non-Listed/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, and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 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”): $60,000 120,000.00 in Total Service Charges, or a pro rata portion there of for any partial Contract Year. The revised AVC shall apply on a prospective basis only. A pro rata portion of the revised AVC shall apply to any partial Contract Year remaining in the Term. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

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 25% of the unmet AVC. If Customer's ’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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Pursuant to a Business Downturn clause included in the Customer’s Agreement, Customer is granted a one-time waiver of an underutilization charge, equal to $37,250.00, due to a shortfall in meeting the AVC commitment for the 2nd Contract Year. WaiversWaiver: 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; 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 Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Long Distance Recovery, (xi) Audio, Video, Video and Net Conferencing, (xii) Voice over IP Services, (xiixiii) Security Services, (xiv) Non-ListedListing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (‘“ILECs”) or by Cellco Partnership and its affiliatesaffiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. PromotionPromotions: The Customer is eligible for the following promotion promotions as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION Company Business Services 90 Day Satisfaction Guarantee Regional Checkbook 2004 - 3 Year (Credit Option) OPTION NONO 56603202, (rev. 56756802 Apr. 08, Amendment 1) Term: 36 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”): $60,000 36,000.00 in Total Service ChargesCharges (“AVC”) during each contract year of the Term.