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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 in Total Service Charges (“AVC”) during each contract year of the 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 328872 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Minimum Term Volume Commitment (“AVCTVC”): $500,000 630,000 in Total Service Charges (“AVCTVC”) in Total Service Charges during each 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 75100% of the unmet AVCTVC. 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 75100% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 v 5.0 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 100,000 in Total Service Charges (“AVC”) during each contract year of the 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 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 Cause, Customer will shall pay within 30 days after such termination an amount “Early Termination Charge” equal to 7550% of the Term unmet AVC plus a pro rata portion of any credits received by Customer. PromotionsPromotion: The Customer is eligible for the following promotions promotion as set forth in the Guide: General Installation Waiver Promotion – V5.0 GENERAL INSTALLATION WAIVER PROMOTION –V3.0 OPTION NO: 328838 . 65062900 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”). The terms of During the Extended Term, either party may terminate the Agreement will continue to apply during any service-specific commitments that extend beyond the Termupon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $500,000 55,000.00 in Total Service Charges (“AVC”) during each contract year of the 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 75100% 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 75100% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 v 5.0 OPTION NO: 328838 . 60972305, Amendment 1 Initial Term: 36 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 900,000 in Total Service Charges (“AVC”) during each contract year of the 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: LD Voice – Inbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 400,000 in Total Service Charges (“AVC”) during each contract year of the 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 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 7525% of the Term unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 in Total Service Charges (“AVC”) during each contract year of the 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 75100% 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 75100% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 v 5.0 OPTION NO: 328838 . 60972305, Amendment 1 Initial Term: 36 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 900,000 in Total Service Charges (“AVC”) during each contract year of the 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 RVP Checkbook – Monthly Option (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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $500,000 360,000 in Total Service Charges (“AVC”) in each twelve-month period during each 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 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 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice – PRI / T1 Flat Rate Promotion General Installation Waiver Promotion – Promotion- V5.0 OPTION NOOption: 328838 336722 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Total Volume Commitment (“AVCTVC”): $500,000 2,800,000 in Total Service Charges (“AVC”) during each 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 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 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Local Voice – PRI / T1 Flat Rate Promotion General Installation Waiver Promotion – Promotion- V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Total Volume Commitment (“AVCTVC”): $500,000 2,800,000 in Total Service Charges (“AVC”) during each 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 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 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Minimum Annual Volume Commitment (“AVC”): Commitment: Customer agrees to pay Company no less than $500,000 in Total Service Charges during each twelve month period during the Initial Term (“AVC”) during each contract year of the 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 60,000 in Total Service Charges (“AVC”) during each contract year of the 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 Checkbook - Single Credit Option 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. The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 60,000 in Total Service Charges (“AVC”) during each contract year of the Term.