Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. 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 50% 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 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 50% 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. Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. IfIf 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. In addition, if, in any monthly billing period during the Extended Term, Customer's ’s Total Service Charges do not meet or exceed the AVCExtended Term Volume Commitment, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "“Underutilization Charge" in an amount ” equal to 5025% of the difference between the AVC Extended Term Volume Commitment and the Customer's ’s Total Service Charges during that such monthly billing period. If the Customer’s Total Service Charges do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by Customer terminates this Agreement before without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates this Agreement for Cause then , 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) shall pay an amount “Early Termination Charge” equal to 5025% of the unsatisfied unmet 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. Initial The Company will waive the installations charges associated with Domestic Frame Relay circuits. Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 6,000 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. 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 5025% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates this the Agreement for Cause then the Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer. Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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. Annual Volume Commitment (“AVC”): $120,000.00 460,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. IfIf 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 ’s Total Service Charges do not meet reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or exceed by the AVCCompany with Cause, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization “Early Termination Charge" in an amount ” equal to 5025% of the difference between the unmet 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 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 50% 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. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) Initial Term: 24 36 months Commencing on the 1st 21st Amendment Effective Date, the Customer elects to extend the Term will start anew and continue of the Agreement for a period the second one year Extended Term. After the end of 24 monthsthe Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty ninety (6090) 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. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. 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 50% 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 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 50% 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. Initial Promotion: The Customer is eligible for the following promotion as set forth in the Guide: INSTALL WAIVER- DIGITAL T1 ACCESS PROMOTION Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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”): $120,000.00 84,000 in Total Service Charges (“AVC”) during During each contract year monthly billing period of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Extended Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, Charges must equal or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder exceed one-twelfth (1/12) of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract YearAVC.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 5075% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by the Customer terminates this Agreement before the end of the Term for reasons other than without Cause; or (b) by Company terminates this Agreement for Cause then Cause, 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) shall pay an amount “Early Termination Charge” equal to 5025% of the unsatisfied unmet 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. Credit: Customer will receive two credits, each equal to $9,000.00, plus applicable Taxes and Governmental Charges, to be applied against the Customer’s designated Service Charges incurred for Interstate and International Services and any other Services mutually agreeable by Company and Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Checkbook 2004 (Fund Option) On the Network V Cross Connect Promotion On the Network V Lit Building Access Promotion Conferencing Super Saver Promotion Term: 36 months The Customer may extend the Agreement for an additional period of 12 months (“Extended Term”) upon written notice to the Company of its intent to extend the Agreement at least 60 day prior to the end of the Extended Term and the other provides written acceptance within 30 days of receiving such extension request. At the end of the Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Extended Term will start anew and continue for a period of 24 months. Upon expiration of or the Additional Extended Term, the Agreement will shall be automatically extended on a month-to-month basis unless until either party terminates this Agreement it upon at least sixty (60) 30 days prior written notice prior to the end of the Initial Term (“Extended Month to Month Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Annual Term Volume Commitment (“AVCTVC”): The Customer agrees to pay the Company no less than $120,000.00 1,800,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on The Customer will pay a minimum monthly recurring charge of $3,221.63 the 1st Amendment Effective Date and OC-3 Minimum for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract YearMetro Private Line Service.

Underutilization and Termination with Liability. 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 5025% 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 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 5025% 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAVIER-DIGITAL T1 ACCESS PROMOTION REGIONAL CHECKBOOK-MON THLY OPTION-3 PLUS YEARS PROMOTION Initial Term: 24 36 months Commencing on the 1st 6th Amendment Effective Date, the Term will start anew and continue for a period of 48 months. Commencing on the 10th Amendment Effective Date, the Term will be extended for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "“Underutilization Charge" in an amount ” equal to 5075% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If: (a) Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this the Agreement for Cause then Customer will pay, pay within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) termination an amount equal to 5075% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, Term plus (iii) a pro rata portion of any and all credits received by Customer. Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 25% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Extended Term, the : The Agreement will be automatically extended (“Extended Term”) on a month-to-month basis upon the expiration of the Initial Term, unless either party terminates this has delivered written notice of its intent to terminate the Agreement upon at least sixty (60) 60 days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either Either party may terminate this Agreement during the Extended Term upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 75,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 5075% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If: (a) Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this the Agreement for Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then 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 5075% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the unsatisfied AVC remaining in the Term, plus (iii) 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 –V3.0 All pricing contained herein is in lieu of the Checkbook Promotion, the Regional Checkbook and the RVP Checkbook Promotion. Customer is not eligible to participate in these Promotions under this Agreement. Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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 the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 84,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 91st Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and 36,000 for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial existing Contract YearYear and all subsequent Contract Years.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 5025% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by the Customer terminates this Agreement before the end of the Term for reasons other than without Cause; or (b) by Company terminates this Agreement for Cause then Cause, 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) shall pay an amount “Early Termination Charge” equal to 5025% of the unsatisfied unmet 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK – MONTHLY OPTION – 3 PLUS YEARS PROMOTION GENERAL INSTALLATION WAIVER PROMOTION –V3.0 OPTION NO. 61689700, Amendment 1 Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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 the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 7,500.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 1ST Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 4,500.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Yearcontract year.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 5025% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by the Customer terminates this Agreement before the end of the Term for reasons other than without Cause or by Company with Cause; or (b) Company terminates this Agreement for Cause then , 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) shall pay an amount “Early Termination Charge” equal to 5025% of the unsatisfied unmet 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line Initial Term: 24 35 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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. The “Initial Term” begins on the 7th Amendment Effective Date and ends on January 31, 2011. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $120,000.00 560,000.00 in Total Service Charges (“AVC”) during each contract year year. During each monthly billing period of the Extended Term. Commencing on , the 1st Amendment Effective Date and for the remainder Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract YearAVC.

Underutilization and Termination with Liability. 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 5025% 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 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 5025% 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. Initial Promotions: The Customer is eligible for the following promotions as set forth in the Guide: COMPANY BUSINESS SERVICES 90 DAY SATISFACTION GUARANTEE Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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”): $120,000.00 65,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in 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 a pro rata portion thereof services where Company acts as agent for any partial Contract Year. Commencing on the 7th Amendment Effective Date 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 the remainder of the Terminternational access provided by Company (i.e., Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract YearType 1); and (i) other charges expressly excluded by this Agreement.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 5075% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If: (a) Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this the Agreement for Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then 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 5075% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the unsatisfied AVC remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS PROMOTION LD VOICE – INBOUND STIMULUS PROMOTION LD VOICE – OUTBOUND STIMULUS PROMOTION GENERAL INSTALLATION WAIVER PROMOTION –V4.0 OPTION NO. 63240614 Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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 the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 600,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. 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 5025% 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 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 5025% 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Install Waiver - Digital T1 Access Promotion Regional Checkbook - Monthly Option - 3 Plus Years Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Renewal Term. : Commencing on the 1st 2nd Amendment Effective Date Date, the Term will start anew and continue for the remainder a period of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year36 months.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then AVC in any Contract Year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 5025% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by the Customer terminates this Agreement before the end of the Term for reasons other than without Cause or by Company with Cause; or (b) Company terminates this Agreement for Cause then , 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) shall pay an amount “Early Termination Charge” equal to 5025% of the unsatisfied unmet 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line Initial Term: 24 35 months Commencing on the 1st 13th Amendment Effective Date, the Term will start anew and continue for a period of 24 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. The “Initial Term” begins on the 7th Amendment Effective Date and ends on January 31, 2011. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $120,000.00 560,000.00 in Total Service Charges (“AVC”) during each contract year of the Termyear. Commencing on the 1st 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 560,000 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder During each monthly billing period of the Extended Term, the Customer’s new AVC will be $1,000,000.00 in Total Service Charges, Charges must equal or a pro rata portion thereof for any partial Contract Yearexceed one-twelfth (1/12) of the AVC.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "“Underutilization Charge" in an amount ” equal to 50% of the difference between the AVC and unmet AVC. If Customer's ’s Total Service Charges during that Contract Year. If: (a) do not reach the AVC in any contract year because the Agreement is terminated early by Customer terminates this Agreement before without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates this Agreement for Cause then , 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) shall pay an amount “Early Termination Charge” equal to 50% of the unsatisfied unmet 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. One Time Credits: Customer will receive a credit of $5,000 which will be applied against Customer’s Total Service Charges Achievement Credit: If at the end of any Contract Year, Customer's Total Service Charges (excluding Company internationally billed services) equal one of the levels specified below, Customer shall receive one of the following corresponding achievement credits (Achievement Credit"). The Achievement Credit will be issued via an amendment to the Agreement. The Achievement Credit, plus applicable Taxes and Governmental Charges, will be applied against Customers interstate and international Total Service Charges. . Contract Year Service Charges Achievement Credit Amount $1,000,000.00+ $30,000.00 Promotions: The Customer is eligible for the following promotions as set forth in the Guide: LD Inbound Combined Feature Package V2.0 General Installation Waiver Promotion –V5.0 On the Network V Cross Connect Promotion V2.0 Checkbook – Single Credit Option LD Voice – Inbound Stimulus Promotion LD Voice – Outbound Stimulus Promotion Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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. Annual Volume Commitment (“AVC”): $120,000.00 200,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. IfIf 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 ’s Total Service Charges do not meet reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or exceed by the AVCCompany with Cause, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization “Early Termination Charge" in an amount ” equal to 5025% of the difference between the unmet AVC and plus a pro rata portion of any credits received by Customer's Total . Except as otherwise set forth in a Service Charges during that Contract Year. If: Attachment, Xxxxxxxx agrees to pay all Company charges (aexcept Disputed amounts, as defined below) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause then Customer will pay, within thirty (30) days after of Customer’s receipt of the invoice. Payments must be made at the address designated on the invoice or other such terminationplace as Company may designate. Amounts not paid or Disputed on or before thirty (30) days from Customer’s receipt of the invoice shall be considered past due, and Customer agrees to pay a late payment charge equal to the lesser of: (ia) all accrued but unpaid charges incurred through one-half percent (1.5%) per month, or (b) the date of such terminationamount indicated in a Service Attachment, plus or (iic) an the maximum amount equal to 50% of allowed by applicable law, as applied against the unsatisfied AVC remaining during past due amounts. Promotion: The Customer is eligible for the year of termination, and for each subsequent Contract Year remaining following promotion as set forth in the TermGuide: CHECKBOOK-MONTHLY OPTION -3 PLUS YEARS Xxxx, plus (iii) a pro rata portion Xxxxxxx Options: 18 months Customer has the option of any and all credits received by Customer. Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 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 extending the Initial Term for an additional six (6) months (“Extended Term”)) by providing Company with written notice at least thirty (30) days prior to the expiration of the Initial Term. Minimum Volume Commitment (“MVC”): $360,000.00 During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 in Customer’s Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be must equal or exceed $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year180,000.00.

Underutilization and Termination with Liability. IfIf Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial 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) pay an "“Underutilization Charge" in an amount ” equal to 50% of the difference between the AVC and unmet AVC. If Customer's ’s Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by Customer terminates this Agreement before without Cause or by the end of the Term for reasons other than Company with Cause; or (b) Company terminates this Agreement for Cause then , 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) shall pay an amount “Early Termination Charge” equal to 50% of the unsatisfied unmet 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. Promotions: INSTALL WAIVER – DIGITAL T1 ACCESS REGIONAL CHECKBOOK 2004 – 3 YEAR (CREDIT OPTION) INSTALL WAIVER – DOMESTIC PRIVATE LINE Initial Term: 24 months Commencing on the 1st 4th Amendment Effective Date, the Initial Term will start anew and continue for a period of 24 36 months. Commencing on the 5th Amendment Effective Date, the Initial Term will start anew and continue for a period of 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. Annual Volume Commitment (“AVC”): $120,000.00 850,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Yearcontract year. Commencing on the 7th 3rd Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 1,200,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Yearcontract year.

Underutilization and Termination with Liability. If, 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 the unmet AVC. If Customer's ’s Total Service Charges do not meet reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or exceed the AVCby Verizon with Cause, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization “Early Termination Charge" in an amount ” equal to 50% of the difference between the unmet 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 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 50% of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent Contract Year remaining in the Term, Initial Term plus (iii) a pro rata portion of any and all credits received by Customer. Early Termination Charges: If Customer cancels or terminates any Service under this Agreement in whole or in part prior to December 31, 2010, Customer shall pay to Verizon a termination charge equal to the applicable monthly rate for the terminated Service multiplied by the number of months remaining in the unexpired portion of the Initial Term, plus any waived NRC, in addition to any amounts owed for service already received. Any such termination liability charge shall be due and payable in one lump sum within thirty (30) days of billing. Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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 the Agreement upon at least sixty (60) days prior written notice. Commencing upon the expiration of the Initial Term, the Initial Term will start anew and continue for a period of 36 months. Annual Volume Commitment (“AVC”): $120,000.00 1,000,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st 4th Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and 800,000 for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial existing Contract YearYear and all subsequent Contract Years.

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "“Underutilization Charge" in an amount ” equal to 5075% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If: (a) Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this the Agreement for Cause then Customer will pay, pay within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) termination an amount equal to 5075% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, Term plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Company Business Services Install Guarantee General Installation Waiver Promotion – v5.0 Initial Term: 24 30 months Commencing on Upon mutual agreement of the 1st Amendment Effective Dateparties, Customer may extend the Term will start anew of this Agreement for up to two separate and continue for a period additional renewal periods of 24 months12 months (each, an “Extension Term”). In each instance, Customer must give Company notice of its intent to extend the Term no less than 60 days prior to the end of the Initial Term or the first Extension Term, if applicable and thereafter obtain Company’s agreement to such extension. Upon expiration the completion of the Initial Term or an Extension Term, if applicable, the Agreement will be is automatically extended on a month-to-month basis unless until either party terminates this Agreement it 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) 60 days prior written notice. Annual The terms of this Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Minimum Volume Commitment (“AVCMVC”): Customer agrees to pay Company no less than $120,000.00 11,400,000.00 in Total Service Charges (“AVC”) during each contract year of for Monthly Periods 1-12 following the Term. Commencing on Effective Date, no less than $9,400,000.00 in Total Service Charges for Monthly Periods 13-24 following the 1st Amendment Effective Date and no less than $4,700,000.00 in Total Service Charges for Monthly Periods 25-30 following the remainder Effective Date. In the event the Parties elect to exercise the Extension Term(s), then Customer agrees to pay Company no less than $9,400,000.00 in Total Service Charges for each of the TermExtension Terms. In the event this Agreement goes into month to month status, Customer’s new AVC will be Xxxxxxxx agrees to pay Company no less than $500,000.00 783,333.00 per month in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Underutilization and Termination with Liability. If, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVCTVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 50% of the difference between the AVC TVC and Customer's Total Service Charges during that Contract Yearthe Initial Term. If: (a) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination: Disconnection Notice,” then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50% of the unsatisfied AVC TVC remaining during on the year date of such 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v 5.0 OPTION NO: 768952701 Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $120,000.00 40,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”) which is the annual volume commitment (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year).

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 50% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that do not reach the AVC in any Contract Year. If: (a) Year because the Agreement is terminated early by the Customer terminates this Agreement before the end of the Term for reasons other than without Cause; or (b) by Company terminates this Agreement for Cause then Cause, 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) shall pay an amount “Early Termination Charge” equal to 50% of the unsatisfied unmet 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. Customer cannot have more than thirty (30) individual CLLI codes at the flat rate price of $300.00. If Customer fails to satisfy this condition, then Company reserves the right to charge Customer, and Customer agrees to pay standard list rates for each additional CLLI code. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER-DIGITAL T1 ACCESS PROMOTION DATA CENTER COLOCATION ACCESS PROMOTION 1 (SAME BUILDING) Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the 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 the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 6,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.