Common use of Underutilization Clause in Contracts

Underutilization. If Customer’s Total Service Charges do not meet or exceed the AVC in any Contract Year during the Term, Customer shall pay an “Underutilization Charge” equal to 50% of the difference between the AVC and Customer’s Total Service Charges during such Contract Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% One Hundred percent (100%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any contract year, the Customer’s 's Total Service Charges Charges, as defined in the Agreement, do not meet or exceed the AVC in any Contract Year during the TermAVC, then Customer shall pay in addition to all unpaid charges, an “Underutilization Charge” underutilization charge equal to 50% of the difference between the AVC and Customer’s 's Total Service Charges during such Contract Year.that contract year

Underutilization. If If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 5025% of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any Contract Year during the Term, the Customer’s Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, then each Customer shall pay pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “"Underutilization Charge” " 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 Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% one hundred percent (100%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any contract year during the Term, the Customer’s Total Service Charges charges do not meet or exceed the AVC in any Contract Year during AVC, the Term, Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an “Underutilization Charge” underutilization charge in an amount equal to 50% of the difference between the AVC and the Customer’s Total Service Charges total service charges during such Contract Yearannual period.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% twenty-five (25%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% twenty five percent (25%) of the difference between the AVC and Customer’s 's Total Service Charges during such Contract Year.

Underutilization. If If, during any Contract Year, the Customer’s Total Service Charges do not meet or exceed the AVC in any Contract Year during AVC, the Term, Customer shall pay an “Underutilization Charge” underutilization charge in an amount equal to 50% of the difference between the AVC and the Customer’s Total Service Charges total service charges during such Contract Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% twenty-five percent (25%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If Customer’s Total Service Charges do not meet or exceed If, at the AVC in conclusion of any Contract Year during the Term, Customer's Total Service Charges, for such Contract Year, do not meet or exceed the AVC, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under the agreement; and (b) an “"Underutilization Charge” " in an amount equal to 50% one hundred percent (100%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s Total Service Charges do not meet or exceed the AVC in any Contract Year during the Term, Customer shall pay will pay: (a) all accrued but unpaid invoiced rates and charges incurred under this Agreement; and (b) an “AVC Underutilization Charge” equal to 5040% of multiplied by the difference between the applicable AVC and Customer’s Total Service Charges during such Contract YearYear or Term Extension. This underutilization charge is Company’s sole and exclusive remedy for Customer’s failure to meet or exceed the AVC.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 50% fifty (20%) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.

Underutilization. If If, in any Contract Year during the Term, Customer’s 's Total Service Charges do not meet or exceed the AVC in any Contract Year during the TermAVC, 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 fifty percent (50% %) of the difference between the AVC and Customer’s 's Total Service Charges during such that Contract Year.