Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. 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 50% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 6 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Underutilization and Termination with Liability. 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 5075% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5075% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.

Appears in 5 contracts

Samples: Amendment 1, Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 5 contracts

Samples: Service Agreement, Amendment 28, Service Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 50% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.

Appears in 4 contracts

Samples: Service Agreement, Service Agreement, Amendment 2

Underutilization and Termination with Liability. 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 50% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waivers:

Appears in 3 contracts

Samples: Option No. 238995, Service Agreement, Option Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waiver(s).

Appears in 3 contracts

Samples: Service Agreement, Amendment 28, Service Agreement

Underutilization and Termination with Liability. 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 50% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 3 contracts

Samples: Amendment 1, Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5075% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5075% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 3 contracts

Samples: Amendment 1, Amendment 3, Amendment 6

Underutilization and Termination with Liability. If Customer's Total Service Charges do not meet or exceed 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 during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any and all credits received by Customer.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5075% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5075% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.. Waivers:

Appears in 2 contracts

Samples: Service Agreement, Amendment 3

Underutilization and Termination with Liability. 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 pay: an "Underutilization Charge" equal to 50100% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 50100% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5025% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.

Appears in 2 contracts

Samples: Amendment 1, Service Agreement

Underutilization and Termination with Liability. If the 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 during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year 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 5025% of the unmet AVC plus a pro rata portion of any credits received by the Customer.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, the Customer's Total Service Charges do not reach meet or exceed the AVC, in any contract year during then the Initial Term; Customer shall pay an "Underutilization Charge" equal to 5025% of the unmet AVC. If the 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, the Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any and all credits received by the Customer.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5025% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 2 contracts

Samples: Service Agreement, Amendment 2

Underutilization and Termination with Liability. 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 5035% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5035% of the unmet AVC plus a pro rata portion of any credits received by Customer.. One Time Credits:

Appears in 2 contracts

Samples: Amendment 5, Amendment 5

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Promotions: VERIZON BUSINESS SERVICES INSTALL GUARANTEE Term: 24 months

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waiver:

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term or Renewal Term; Customer shall pay an “Underutilization Charge” equal to 5075% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5075% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.. Waivers:

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization and Termination with Liability. 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 50100% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50100% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Credits:

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waiver(s).

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5065% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5065% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. One Time Credit(s):

Appears in 1 contract

Samples: Amendment 6

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do are less than the Minimum Revenue Commitment, and Customer does not reach elect a Work-Off Period then Vendor may invoice Customer, as Customer’s sole liability and Vendor’s sole remedy for the AVC in any contract year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay failure to meet such Minimum Revenue Commitment an “Early Termination Charge” amount equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customerdifference between the Minimum Revenue Commitment and the Total Service Charges.

Appears in 1 contract

Samples: Amendment 6

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waivers:

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 5025% of the unmet AVC Term plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50100% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50100% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 pay: an "Underutilization Charge" equal to 50% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waiver:

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waiver(s):

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50100% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50100% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

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Underutilization and Termination with Liability. 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 5025% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, the Customer's Total Service Charges do not reach meet or exceed the AVC, in any contract year during then the Initial Term; Customer shall pay pay: an "Underutilization Charge" in an amount equal to 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year 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 5025% of the unmet AVC plus a pro rata portion of any l credits received by the Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any contract year during the Initial Term; Customer shall pay an "Underutilization Charge" in an amount equal to 5025% 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 Customer without Cause or by the Company with Cause, Customer shall will pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by the Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 pay: an "Underutilization Charge" equal to 50% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Promotions: The Customer is eligible for the following promotions as set forth in the Guide:

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term or Customer’s Total Service Charges do not reach 1/12th of the AVC in any contract year during any monthly billing period of the Extended Term; , Customer shall pay an “Underutilization Charge” equal to 5025% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Option No. 238995

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach meet or exceed the AVC, AVC in any contract year Contract Year during the Initial Term; , Customer shall pay pay: an "Underutilization Charge" equal to 50% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any and all credits received by Customer.

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 5040% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5040% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. One-Time Credits:

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waivers.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any contract year Contract Years 2 and 3 during the Initial Term; , Customer shall pay an “Underutilization Charge” equal to 5030% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5030% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Amendment 5

Underutilization and Termination with Liability. 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 pay: an "Underutilization Charge" equal to 50% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 5025% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waivers:

Appears in 1 contract

Samples: Amendment 5

Underutilization and Termination with Liability. If the 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the 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 Causecause, the Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Waivers.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waiver(s):

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. If the 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the 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 Causecause, the Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any and all credits received by Customer.. Waivers:

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5075% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5075% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Service Agreement

Underutilization and Termination with Liability. 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 5025% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 5025% of the unmet AVC plus a pro rata portion of any credits received by Customer.

Appears in 1 contract

Samples: Amendment 28

Underutilization and Termination with Liability. 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 50% 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 Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.. Waiver:

Appears in 1 contract

Samples: Option No. 238995

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