Common use of Underutilization Charges Clause in Contracts

Underutilization Charges. 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 the Agreement; and (b) an “Underutilization Charge” in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s Total Service Charges during such contract year.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Amendment 3

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Underutilization Charges. 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 the Agreement; and (b) pay an “Underutilization Charge” in an amount equal to fifty one hundred percent (50100%) of the difference between the AVC and Customer’s Total Service Charges during such contract year.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty percent (50%) 75% of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty one hundred percent (50100%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization Charges. 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 Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; and (b) pay an “Underutilization Charge” in an amount equal to fifty percent (50%) 40% of the difference between the AVC and Customer’s Total Service Charges during such contract yearContract Year.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization Charges. If, in any contract year Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty percent (50%) 25% of the difference between the AVC and Customer’s 's Total Service Charges during such contract year.that Contract Year

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Underutilization Charges. 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 the Agreement; and (b) pay an “Underutilization Charge” in an amount equal to fifty percent (50%) % of the difference between the AVC and Customer’s Total Service Charges during such contract yearunmet AVC.

Appears in 1 contract

Samples: Amendment 3

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearContract Year.

Appears in 1 contract

Samples: Mci Service Agreement (China Wireless Communications Inc)

Underutilization Charges. If, in any contract year during If the Term, Customer’s Total Service Charges do not meet or exceed the AVC, then each Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the this Agreement; and (b) an "Underutilization Charge” in an amount " equal to fifty percent (50%) of the difference between the AVC stated in the Customer’s participation agreement and the Customer’s Total Service Charges during such contract yearthe Term.

Appears in 1 contract

Samples: Amendment 28

Underutilization Charges. If, in any contract year 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 usage and other charges incurred under the this Agreement; and (b) an “Underutilization Charge” in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s Total Service Charges during such contract yearContract Year.

Appears in 1 contract

Samples: Service Agreement (Intercept Inc)

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Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty sixty percent (5060%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 1 contract

Samples: Amendment 28

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, and such underutilization is not caused by termination for Cause as set forth in the Agreement or termination or suspension due to Force Majeure condition, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 1 contract

Samples: Service Agreement

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 1 contract

Samples: Amendment 28

Underutilization Charges. If, in any contract year during the Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; Agreement and (b) an “Underutilization Charge” in an amount equal to fifty percent (50%) 25% of the difference between the AVC and the Customer’s Total Service Charges during such contract year.

Appears in 1 contract

Samples: Amendment 28

Underutilization Charges. If, in any contract year Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the this Agreement; and (b) an "Underutilization Charge" in an amount equal to fifty seventy-five percent (5075%) of the difference between the AVC and Customer’s 's Total Service Charges during such contract yearthat Contract Year.

Appears in 1 contract

Samples: Amendment 28

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