WORLDCOM NETWORK SERVICES, INC.
CLASSICITRANSCENDTm SWITCHED SERVICES
PROGRAM ENROLLMENT TERMS
These Program Enrollment Terms (the "PET") are made by and between WorldCom
Network Services, Inc. ("WorldCom") and GENX, LLC/DBA: PREFERRED DISCOUNT
PLATCustomer") and are a part of their Telecommunications Services Agreement
for Switched Services. Capitalized terms not defined herein shall have the
meaning ascribed to them in the TSA, the Service Schedule or the applicable
Rate and Discount Schedule.
1. SERVICE TERM:
(A) The Service Term shall commence as of the Effective Date (as described
below) and shall continue for a period of THIRTY-SIX (36 months (the
"Service Term"). Upon expiration of the Service Term, the Switched Services
in question will continue to be provided pursuant to the same terms and
conditions as are then in effect (including without limitation, the
applicable rates, discounts and commitments, if any), subject to
termination- by either party upon thirty (30) days prior written notice to
the other party. WorldCom will not be obligated to accept any Service
Request under this Agreement if Customers initial Service Request is (i) not
submitted by Customer within thirty (30) days of the Effective Date of this
Agreement, and (ii) not subject to a Requested Service Date within ninety
(90) days of the Effective Date.
(B) For purposes of this Agreement, the appropriate Effective Date as
determined below will be filled in by WorldCom where provided above. If
Customer has an existing switched services agreement with a member of the
WorldCom Group (as defined in Subsection 24(A) of the TSA), the "Effective
Date" will be the 1st day of the month following the later of (i) twenty-one
(21) days after this Agreement has been fully executed by both parties, or
(ii) Customer has received a satisfactory credit review and approval from
WorldCom's Credit Department pursuant to Subsection 6(A) of the TSA, and all
security documentation, if any, required by WorldCom has been properly
executed and delivered to WorldCom (collectively, the "Credit Review"). If
Customer does not have an existing switched services agreement with a member
of the WorldCom Group, the "Effective Date" will be the date this Agreement
has been fully executed by both parties and the Credit Review has been
completed.
2.CUSTOMER'S MINIMUM REVENUE COMMITMENT: Commencing with the first day of
the 7th billing period [e.g., 71, 13tth, etc.] following the Effective Date
(as determined under Section 1 above) and continuing through the end of the
Service Term (including any extensions thereto)(the "Commitment Period"),
Customer agrees to maintain, on a take-or-pay basis, Monthly Revenue (as
defined in the applicable Rate and Discount Schedule) of at least $10,000.
00 ("Customer's Minimum Revenue Commitment"). In the event Customer is not
maintaining TERMINATION Service or TOLL FREE ORIGINATION Service but is
maintaining other Services from WorldCom hereunder (e.g., SWITCHED ACCESS
Service, DEDICATED ACCESS Service or TRAVEL CARD Service), Customer's
Minimum Revenue Commitment will be the greater of (i) $10,000, or (ii) the
amount stated above.
3.DEFICIENCY CHARGE: In the event Customer does not maintain Customer's
Minimum Revenue Commitment in any month during the Commitment Period
(regardless of whether Customer has commenced using any or all of the
Switched Services described herein), then for those month(s) only, Customer
will pay WorldCom the difference between Customer's Minimum Revenue
Commitment and Customer's actual Monthly Revenue (as described in the
applicable Rate and Discount Schedule) (the "Deficiency Charge"). The
Deficiency Charge will be due at the same time payment is due for Service
provided to Customer, or immediately in an amount equal to Customer's
Minimum Revenue Commitment for the unexpired portion of the Service
Term, if WorldCom terminates this Agreement based on Customer's default.
IN WITNESS WHEREOF, the parties have executed these Classic/TRANSCENDTM
Switched Services Program Enrollment Terms.
WORLDCOM NETWORK SERVICES, INC. GENX, LLC/DBA: PREFERRED DISCOUNT PLAN
By:/s/ Xxxxx Xxxxxx By:/s/ Xxxx Xxxxxx
(Signature) (Signature)
Xxxxx X. Xxxxxx XXXX XXXXXX
(Print Name) (Print Name)
DIRECTOR, WESTERN REGION PRESIDENT & CHIEF EXECUTIVE OFFICER
(Title) (Title)
