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 75% 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 thirty (30) days of termination (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus 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 Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) 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 $60,000 in Total Service Charges (“AVC”) in each twelve month period during the Initial Term.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any contract year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 7550% of the unmet AVCdifference between the AVC and Customer's Total Service Charges during that Contract Year. If: (a) Customer terminates the this Agreement before the end of the Term for reasons other than Cause, ; or (b) Company terminates the this Agreement for Cause, Cause then Customer will pay, within thirty (30) days of termination after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 7550% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Contract Renewal Promotion RVP Checkbook – Monthly Option REGIONAL CHECKBOOK 2004 (1 Year TermINVOICE CREDIT OFFER) 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 this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment During the Extended Term, either party may terminate this Agreement upon at least sixty (“AVC”): Customer agrees to pay Company no less than 60) days prior written notice. 1 $60,000 in 21,000 2 $120,000 3 $120,000 During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (“1/12) of the AVC”) in each twelve month period during the Initial 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 75% 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 thirty (30) days of termination (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus 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 General Installation Waiver Promotion Contract Renewal Promotion – v5.0 RVP Checkbook – Monthly Option (1 3-5 Year Term) 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”). Commencing on the 3rd Amendment Effective Date, the Initial Term will start anew and continue for 36 months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 120,000 in Total Service Charges (“AVC”) in during each twelve month period during contract year of the Initial 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 75% 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 pay, within thirty (30) days of termination (i) shall pay an amount “Early Termination Charge” equal to 75% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus 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 Contract Renewal LD Voice – Outbound Stimulus Promotion RVP Checkbook General Installation Waiver Promotion – Monthly Option (1 Year Term) V5.0 OPTION NO: 66857900 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 $60,000 in Total Service Charges (“AVC”) in each twelve month period during the Initial TermTerm (“Contract Year”).

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 7550% 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 the end of the Term for reasons other than Customer without Cause, ; or (b) by Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days of termination (i) shall pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus 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 Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) 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 During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Commencing on the 16th Amendment Effective Date, Customer's Initial Term shall start anew and continue for thirty-six (36) months. Annual Volume Commitment (“AVC”): N/A Annual Volume Commitment: Commencing on the 16th Amendment Effective Date, Customer agrees to pay Company no less than $60,000 13,000,000 in Total Service Charges (“AVC”) in each twelve twelve-month period during the Initial TermTerm ("Contract Year"), which is the annual volume commitment ("AVC").

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 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause, Cause or (b) Company terminates the Agreement for Cause, then Customer will must pay, within thirty (30) days of termination after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. PromotionsPayment Arrangements: The Customer is eligible must pay for Company service within 30 days of the following promotions as set forth in Customer’s receipt of the Guide: On the Network V Cross Connect Promotion Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) Company’s invoice. 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”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 100,000.00 in Total Service Charges (“AVC”) in each twelve month period during the Initial Term.

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 7525% 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 pay, within thirty (30) days of termination (i) shall pay an amount “Early Termination Charge” equal to 7525% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus 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 Contract Renewal Promotion RVP Checkbook CHECKBOOK 2004 – Monthly Option 2 YEAR (1 Year TermCREDIT OPTION) CONFERENCING SUPER SAVER PROMOTION Initial Term: 36 48 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment During the Extended Term, either party may terminate this Agreement upon at least sixty (“AVC”): Customer agrees to pay Company no less than 60) days prior written notice. 1 $60,000 in 6,000 2 $182,000 3 $1,000,000 4 $1,400,000 During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (“1/12) of the AVC”) in each twelve month period during the Initial Term.

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 75% 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, Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days of termination after termination; (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the unsatisfied AVC remaining in the Term, plus 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 General Installation Waiver Promotion Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) v5.0 OPTION NO. 61177701, Amendment 2 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 During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 4,500.00 in Total Service Charges (“AVC”) in during each twelve month period during contract year of the Initial 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 7525% 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, Cause then Customer will pay, pay within thirty (30) 30 days of after such termination (i) an amount equal to 7525% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, Term plus 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 Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) Initial Term: 36 months Extended Term: 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 $60,000 6,000,000 in Total Service Charges during each contract year (“AVC”). A contract year means each consecutive twelve (12) in each twelve month period during of the Initial Term commencing on the Effective Date. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12th) of the AVC.

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 7525% 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, Cause then Customer will pay, pay within thirty (30) 30 days of after such termination (i) an amount equal to 7525% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, Term plus 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 Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) Initial Term: 36 months Extended Term: 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 $60,000 6,000,000 in Total Service Charges during each contract year (“AVC”). A contract year means each consecutive twelve (12) in each twelve month period during of the Initial Term commencing on the Effective Date. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12th) of the AVC.

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 75% of the unmet AVC. If: If (a) Customer Customer’s terminates the Agreement agreement before the end of the Term for reasons other than Cause, Cause or (b) Company terminates the Agreement for Cause, Cause then Customer will pay, pay within thirty (30) 30 days of termination after such termination: (i) an and amount equal to 75% of 75%of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent contract year Contract Year remaining in the Term, plus 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 Contract Renewal Promotion RVP Checkbook – Monthly Option V2.0 (1 3-5 Year Term) Tier A Flat Rate Access Promotion (New/Renewing Customers) Tier B Flat Rate Access Promotion (New/Renewing Customers) LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 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 $60,000 500,000 in Total Service Charges (“AVC”) in each twelve month period during the Initial TermTerm (“Contract Year”).