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’s 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: (i) and 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 credits received by Customer.

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 If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 25% 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 credits received by Customer.. Initial Term: 36 months

Underutilization and Termination with Liability. If Customer's ’s Total Service Charges do not reach the AVC, AVC in any contract year Contract Year during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 7585% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement this Agreement before the end of the Initial Term for reasons other than Cause (i) for Cause; or (b) Company terminates the this Agreement for Cause then Customer will pay pay, within 30 thirty (30) days after such termination: (iA) and an amount equal to 75%of 85% of the unsatisfied AVC remaining during the year Contract Year of termination termination, and for each subsequent Contract Year remaining in the Initial Term, plus (B) a pro rata portion of any and all credits received by Customer.

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’s Customer 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 30 thirty (30) days after such termination: of termination (i) and an 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.

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 7540% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 40% 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 credits received by Customer.

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 If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 25% 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 credits received by Customer.. Waivers:

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 7550% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 75% 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 credits received by Customer.

Underutilization and Termination with Liability. If Customer's ’s Total Service Charges do not reach the AVC, 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 If: (a) Customer’s Customer terminates the agreement 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 30 thirty (30) days after such termination: (i) and an amount equal to 75%of 75% of the unsatisfied AVC remaining during the year of termination and for each subsequent Contract Year remaining in of the Term, plus 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 – v5.0

Underutilization and Termination with Liability. If in any Contract Year, Customer's Total Service Contributing Charges do not reach are less than the AVC, in any contract year during the Initial Term; then Customer shall pay an “Underutilization Charge” all accrued but unpaid charges incurred by Customer and underutilization charge equal to 7535% of the unmet AVC. If (a) difference between Customer’s Contributing Charges during such Contract Year. If: Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 50% 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 credits received by Customer.

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 7550% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 50% 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 credits received by Customer.. One Time Credits:

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 750% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 25% 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 credits received by Customer.

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 7550% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 50% 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 credits received by Customer.. One Time Credits:

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 750% of the unmet AVC. If If: (a) Customer’s Customer terminates the agreement Agreement before the end of the Term for reasons other than Cause Cause; or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and termination an amount equal to 75%of 25% 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 credits received by Customer.. Initial Term: 36 months

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’s 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: (i) and 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 credits received by Customer.. One Time Credits: