Common use of Underutilization Clause in Contracts

Underutilization. If, in any 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 charges incurred under the Agreement; and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25%) of the difference between the AVC and Customer’s Total Service Charges during such Contract Year. If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed one-twelfth (1/12) of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between one-twelfth (1/12) of the AVC and Customer’s Total Service Charges during such monthly billing period. Commencing on the 2nd Amendment Effective Date, the Customer’s Underutilization Charges are as follows: Minimum Volume Commitment: If, during the Initial Term, Customer’s Total Service Charges do not meet or exceed the Minimum Volume Commitment, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the Agreement, and (b) an “Underutilization Charge” calculated as follows: If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to twenty percent (20%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000 but less than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to thirty-five percent (35%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to fifty percent (50%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. Commencing on the 15th Amendment Effective Date, the Customer’s Underutilization Charges are as follows: If the Customer’s Total Service Charges do not meet the AVC in any given Contract Year, Company will calculate the qualified revenues from the VBS Agreement between Vanco and Company (“the Vanco Agreement”), at such time the Vanco Agreement is fully executed, and then add the Total Service Charges under the Agreement. If the after the calculation, Customer still does not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Vanco Agreement, and (b) an “Underutilization Charge” equal to fifty percent (50%) of the difference between (i) the AVC, and (ii) the total of Customer’s Total Service Charges plus the qualified revenues from the Vanco Agreement during such Contract Year.

Underutilization. If, in any 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 charges incurred under the this Agreement; and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25%) 50% of the difference between the AVC and the Customer’s Total Service Charges during such that Contract Year. If, If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed one-twelfth (1/12) 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between one-twelfth (1/12) 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. Commencing on the 2nd Amendment Effective Date, the Customer’s Underutilization Charges are as follows: Minimum Volume Commitment: If, Non-Recurring Credit(s): Achievement Credits. If during the Initial Termany Contract Year, Customer’s Total Service Charges do not meet or exceed the Minimum Volume Commitment(excluding Verizon International Internet Service) equals $ 400.000.00, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the Agreement, and (b) an “Underutilization Charge” calculated as follows: If the receive a corresponding Achievement Credit of $ 10,000.00. The Achievement Credit will be applied against Customer’s designated Total Service Charges incurred for Interstate and International Verizon Option 2 and Option 3 services and any other services mutually agreed upon by the period beginning with Customer and Verizon, provided the Second Amendment Effective Date, and ending twenty-four credit is applied to no more than 10 Customer account numbers per month. Monitoring Conditions: Customer must satisfy the following conditions throughout the Term: Customer average local loop mileage for Dedicated Access Service cannot exceed thirteen (2413) months thereafter, is greater than $4,500,000miles. If Customer fails to satisfy this requirement at any time during the Term, then Verizon will notify Customer of the Underutilization Chargenoncompliance and customer shall have thirty (30) days to cure such noncompliance. If Customer fails to cure the noncompliance within the cure period, Verizon reserves the right to bill Customer and Customer will pay an additional $ 275.00 per circuit for each monthly period until Customer attains compliance with this requirement. Any additional charges assessed pursuant to this provision will be billed as a lump sum charge to one Customer account number. OPTION NO. 56283701 Term: 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, if applicable, will be an amount equal to twenty percent either party may terminate this Agreement upon at least sixty (20%60) of the difference between the days prior written notice. Minimum Annual Volume Commitment and Customer’s (“AVC”): $48,000 in Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000 but less than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to thirty-five percent (35%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to fifty percent (50%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. Commencing on the 15th Amendment Effective Date, the Customer’s Underutilization Charges are as follows: If the Customer’s Total Service Charges do not meet the AVC in any given Contract Year, Company will calculate the qualified revenues from the VBS Agreement between Vanco and Company (“the Vanco Agreement”), at such time the Vanco Agreement is fully executed, and then add the Total Service Charges under the Agreement. If the after the calculation, Customer still does not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Vanco Agreement, and (b) an “Underutilization Charge” equal to fifty percent (50%) of the difference between (i) the AVC, and (ii) the total of Customer’s Total Service Charges plus the qualified revenues from the Vanco Agreement during such Contract Year.Charges

Underutilization. If, in any 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 charges incurred under the this Agreement; and (b) an “Underutilization Charge” Charge in an amount equal to twenty-five percent (25%) 50% of the difference between the AVC and the Customer’s Total Service Charges during such Contract the Contact Year. If, If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed one-twelfth (1/12) 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between one-twelfth (1/12) 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. Commencing on If during the 2nd Amendment Effective DateExtension Term, the Customer’s Total Service Charges do not meet or exceed the ETVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 50% of the difference between the ETVC and the Customer’s Total Service Charges are as follows: Minimum Volume Commitment: If, during such Extended Term.” “If during the Initial Second Extended Term, Customer’s Total Service Charges do not meet or exceed the Minimum Volume CommitmentSecond ETVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 50% of the difference between the Second ETVC and Customer’s Total service Charges during such Second Extended Term. If, in any month during the Month-to-Month Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12 of the Second ETVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the Agreement, and (b) an “Underutilization Charge” calculated as follows: If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to twenty percent (20%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000 but less than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to thirty-five percent (35%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to fifty percent (50%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. Commencing on the 15th Amendment Effective Date, the Customer’s Underutilization Charges are as follows: If the Customer’s Total Service Charges do not meet the AVC in any given Contract Year, Company will calculate the qualified revenues from the VBS Agreement between Vanco and Company (“the Vanco Agreement”), at such time the Vanco Agreement is fully executed, and then add the Total Service Charges under the Agreement. If the after the calculation, Customer still does not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Vanco this Agreement, and (b) an “Underutilization Charge” equal to fifty percent (50%) of the difference between (i) 1/12 of the AVC, Second ETVC and (ii) the total of Customer’s Total Service Charges plus the qualified revenues from the Vanco Agreement during such Contract Yearmonthly billing period.”

Underutilization. If, in any 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 charges incurred under the this Agreement; and (b) an “Underutilization Charge” Charge in an amount equal to twenty-five percent (25%) 50% of the difference between the AVC and the Customer’s Total Service Charges during such Contract the Contact Year. If, If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed one-twelfth (1/12) 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between one-twelfth (1/12) 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. Commencing on If during the 2nd Amendment Effective DateExtension Term, the Customer’s Total Service Charges do no meet or exceed the ETVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 50% of the difference between the ETVC and the Customer’s Total Service Charges are as follows: Minimum Volume Commitment: If, during such Extended Term.” “If during the Initial Second Extended Term, Customer’s Total Service Charges do not meet or exceed the Minimum Volume CommitmentSecond ETVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 50% of the difference between the Second ETVC and Customer’s Total service Charges during such Second Extended Term. If, in any month during the Month-to-Month Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12 of the Second ETVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the Agreement, and (b) an “Underutilization Charge” calculated as follows: If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to twenty percent (20%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000 but less than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to thirty-five percent (35%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to fifty percent (50%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. Commencing on the 15th Amendment Effective Date, the Customer’s Underutilization Charges are as follows: If the Customer’s Total Service Charges do not meet the AVC in any given Contract Year, Company will calculate the qualified revenues from the VBS Agreement between Vanco and Company (“the Vanco Agreement”), at such time the Vanco Agreement is fully executed, and then add the Total Service Charges under the Agreement. If the after the calculation, Customer still does not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Vanco this Agreement, and (b) an “Underutilization Charge” equal to fifty percent (50%) of the difference between (i) 1/12 of the AVC, Second ETVC and (ii) the total of Customer’s Total Service Charges plus the qualified revenues from the Vanco Agreement during such Contract Yearmonthly billing period.”

Underutilization. Renewal Term: If, in at the end of any Contract Year during in the Initial Renewal Term, Customer’s Total Service Usage Charges do not meet or exceed (net of any credits, except (i) as otherwise provided in the AVCagreement, then and (ii) for SLA credits) for said Contract Year are less than the Renewal Term Annual Minimum (which condition shall be referred to as an “Underutilization”), Customer shall pay: (a1) all accrued due but unpaid usage Usage Charges and other charges incurred under the Agreementby Customer; and (b2) an “Underutilization Charge” in an amount charge (which Customer hereby agrees is reasonable) equal to twenty-five percent (25%) of the difference between amount by which the AVC and Renewal Term Annual Minimum exceeds Customer’s Total Service Usage Charges during such the applicable Contract YearYear (the “Renewal Term Annual Underutilization Charge”). IfLikewise, in if at the end of any monthly billing period during month of the Extended Extension Term, Customer’s Total Service Usage Charges do not meet or exceed one-twelfth (1/12net of any credits, except (i) of as otherwise provided in the AVC then agreement, and (ii) for SLA credits) for said month are less than the Extension Term Monthly Minimum (which condition shall also referred to as an “Underutilization”), Customer shall pay: (a1) all accrued due but unpaid usage Usage Charges and other charges incurred under this Agreement, by Customer; and (b2) an “Underutilization Charge” charge (which Customer hereby agrees is reasonable) equal to the difference between one-twelfth (1/12) of amount by which the AVC and Extension Term Monthly Minimum exceeds Customer’s Total Service Charges during such monthly billing period. Commencing on the 2nd Amendment Effective Date, the Customer’s Underutilization Charges are as follows: Minimum Volume Commitment: If, during the Initial Term, Customer’s Total Service Charges do not meet or exceed the Minimum Volume Commitment, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under the Agreement, and (b) an “Underutilization Charge” calculated as follows: If the Customer’s Total Service Charges for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $4,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to twenty percent (20%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Usage Charges during the Initial Termapplicable month (the “Extension Term Monthly Underutilization Charge”). If an Underutilization occurs because the Customeragreement is terminated other than due to Company’s Total Service Charges fault, then in addition to the amounts described in subsections (1) and (2) of this paragraph, Customer will also pay an additional Underutilization charge (which Customer hereby agrees is reasonable) calculated by multiplying $166,667 times the percentage of Underutilization of the applicable minimum commitment for the period beginning with year of early termination, plus $166,667 per year for any remaining years in the Second Amendment Effective Date, and ending twenty-four Renewal Term (24) months thereafter, is greater than $3,500,000 but less than $4,500,000, then the “Additional Underutilization Charge, at the end ”). If Customer terminates in Year 2 after having attained 75% of the Initial Termapplicable minimum commitment, if applicable, Customer will be an amount equal to thirty-five percent pay the charges described in subsections (35%1) and (2) of the difference between the Minimum Volume Commitment this paragraph, plus an Additional Underutilization Charge of $41,666.75 for Year 2 (calculated as 25% of $166,667) and Customer’s Total Service Charges during the Initial Term. If the Customer’s Total Service Charges $166,667 for the period beginning with the Second Amendment Effective Date, and ending twenty-four (24) months thereafter, is greater than $3,500,000, then the Underutilization Charge, at the end of the Initial Term, if applicable, will be an amount equal to fifty percent (50%) of the difference between the Minimum Volume Commitment and Customer’s Total Service Charges during the Initial Term. Commencing on the 15th Amendment Effective Date, the Customer’s Underutilization Charges are as follows: If the Customer’s Total Service Charges do not meet the AVC in any given Contract Year, Company will calculate the qualified revenues from the VBS Agreement between Vanco and Company (“the Vanco Agreement”), at such time the Vanco Agreement is fully executed, and then add the Total Service Charges under the Agreement. If the after the calculation, Customer still does not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Vanco Agreement, and (b) an “Underutilization Charge” equal to fifty percent (50%) of the difference between (i) the AVC, and (ii) the total of Customer’s Total Service Charges plus the qualified revenues from the Vanco Agreement during such Contract YearYear 3.