Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with cause, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Term: 12 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”): $600.00 in Total Service Charges

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in an amount ” equal to 25to25% of the unmet AVC. If (a) Customer’s terminates the Customer's Total Service Charges do not reach 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 25%of the unsatisfied AVC in any remaining during the year of termination and for each subsequent Contract Year because remaining in the Agreement is terminated early by the Customer without Cause or by the Company with causeTerm, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 36 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. Minimum Annual Total Volume Commitment (“AVCTVC”): Customer agrees to pay Company no less than $600.00 1,003,200.00 in Total Service ChargesCharges during the Term (the “TVC”).

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2575% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with cause, the Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 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”): Customer agrees to pay Company no less than $600.00 12,000 in Total Service Chargeseach twelve month period of the Term.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, the Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2550% of the unmet AVC. If the Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with causeCause, the Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Term: 12 48 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”): $600.00 90,000.00 in Total Service Charges

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2575% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with cause, the Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $600.00 110,000 in Total Service ChargesCharges in each twelve-month period during the Initial Term.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, the Customer shall pay an "“Underutilization Charge" in an amount ” equal to 25% of the unmet AVC. If the Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with causeCause, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Term: 12 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. Minimum Annual Volume Commitment (“AVC”): $600.00 84,000.00 in Total Service Charges

Underutilization and Termination with Liability. If the 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 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year contract year because the Agreement is terminated early by the Customer without Cause or by the Company with causeCause, the Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 36 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. Minimum Annual Volume Commitment (“AVC”): $600.00 450,000.00 in Total Service ChargesCharges (“AVC”) during each contract year of the Term.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, the Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2550% of the unmet AVC. If the Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with causeCause, the Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Promotions: LD VOICE – VERIZON BUSINESS PROMOTION FOR NEW LONG DISTANCE CUSTOMERS Term: 12 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”): $600.00 45,000 in Total Service Charges

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in ” equal to 0% 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 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with cause, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC Term plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $600.00 in Total Service ChargesCharges (“AVC”) in each twelve month period during the Initial Term. .

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in an amount ” equal to 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with cause, the Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 25% of the unmet AVC Term plus a pro rata portion of any and all credits received by Customer. Option: 68257200 Initial Term: 12 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 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. Minimum Annual Volume Commitment (“AVC”): $600.00 in Total Service ChargesThe terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in an amount ” equal to 25100% of the unmet AVC. If If: (a) Customer terminates the Customer's Total Service Charges do not reach 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 50% of unsatisfied portion of the AVC remaining during the year of termination, and for each subsequent contract year remaining in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with causeterm, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 24 months upon 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 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. Minimum Annual Volume Commitment (“AVC”): $600.00 in Total Service Charges.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, the ; Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2575% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by the Company with cause, the Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any and all credits received by Customer. One Time Credits: Customer will receive a one-time billing adjustment credit equal to $247,528 applied against Customer's designated Total Service Charges incurred for Interstate and International Services. Initial Term: 12 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $600.00 110,000 in Total Service ChargesCharges in each twelve-month period during the Initial Term.

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, the Customer shall pay an "“Underutilization Charge" in an amount ” equal to 2550% of the unmet AVC. If the Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with causeCause, the Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Initial Term: 12 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”): $600.00 180,000 in Total Service ChargesCharges (“AVC”) during each contract year of the Term. 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.