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 100% 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 30 days after such termination an amount equal to 100% of the Term plus a pro rata portion of any credits received by Customer. 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”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 (the “AVC”) in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”).

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 10025% 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 30 days after such termination an amount equal to 10025% of the Term plus a pro rata portion of any credits received by Customer. Option: 347567 Initial Term: 36 12 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 0.00 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 10025% 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 30 days after such termination an amount equal to 10025% of the Term plus a pro rata portion of any credits received by Customer. Option: 347602 Initial Term: 36 12 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 0.00 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 1000% 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 is terminated early by Customer without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates the Agreement for Cause then , Customer will shall pay within 30 days after such termination an amount “Early Termination Charge” equal to 1000% of the Term unmet AVC plus a pro rata portion of any credits received by Customer. Initial Term: 36 months following the expiration of the Ramp Period. 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”). Minimum Annual Volume Commitment (“AVC”): Customer agrees The terms of the Agreement will continue to pay Company no less than $90,000 (apply during any service-specific commitments that extend beyond the “AVC”) in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”)Term.

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 10025% 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 30 days after such termination an amount equal to 100% of the Term plus a pro rata portion of any credits received by Customer. OPTION NO: 66816801 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 48,000 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 1000% 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 30 days after such termination an amount equal to 10025% of the Term plus a pro rata portion of any credits received by Customer. Initial Term: 36 12 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 600.00 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 1000% 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 30 days after such termination an amount equal to 10025% of the Term plus a pro rata portion of any credits received by Customer. Initial Term: 36 12 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 0.00 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 1000% 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 30 days after such termination an amount equal to 10025% of the Term plus a pro rata portion of any credits received by Customer. Initial Term: 36 12 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 1,200 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 10075% 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 30 days after such termination an amount equal to 10075% of the Term plus a pro rata portion of any credits received by Customer. 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 400,000 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 10075% 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 30 days after such termination an amount equal to 10075% of the Term plus a pro rata portion of any credits received by Customer. 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 150,000 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 100% difference 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 is terminated early by Customer without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates the Agreement for Cause then , Customer will shall pay within 30 days after such termination an “Early Termination Charge” equal to amount equal to 100% of the Term unmet AVC plus a pro rata portion of any credits received by Customer. 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 120,000 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.

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 100% difference 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 is terminated early by Customer without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates the Agreement for Cause then , Customer will shall pay within 30 days after such termination an “Early Termination Charge” equal to amount equal to 100% of the Term unmet AVC plus a pro rata portion of any credits received by Customer. 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”). Minimum The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 120,000 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve month period during contract year of the Initial Term (“Contract Year”)Term.