Examples of Deficiency Charge in a sentence
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.
The Deficiency Charge will be due at the same time payment is due for Switched Services provided to Customer for the billing period in which the Deficiency Charge arises, or immediately in an amount equal to Customer's Minimum Revenue Commitment for the unexpired portion of the Service Term, if MCI WorldCom terminates this Agreement based on Customer's default or if Customer terminates this Agreement pursuant to Section 2(A) of the TSA.
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 (i) Customer cancels all circuits comprising all Service Interconnections as described in the Service Schedules, or (ii) WilTel terminates this Agreement based on Customer's default.
The Total Deficiency Charge, if any, will be due within ten (10) days following the end of the Service Term, or immediately in an amount equal to Customer's Total Minimum Revenue Commitment less Customer's actual Monthly Revenue through the effective date of termination if MCI WorldCom terminates this Agreement based on Customer's default.
In other words, Customer's liability for charges for Services rendered and the Deficiency Charge, if applicable, will be reduced by any amounts WorldCom collects from Customer's End Users.
Any Deficiency Charge amounts that are not credited in accordance with the above shall be retained by Centurion and shall not be refunded to Alon or applied as a credit to payment for such transportation in any subsequent Delivery Period.
In the event Customer does not maintain Customer's Minimum Revenue Commitment in any month during the Commitment Period, then for those month(s) only, Customer will pay WilTel the difference between Customer's Minimum Revenue Commitment and Customer's actual Monthly Revenue as described in Section 3 (the "Deficiency Charge").
The provision for a Deficiency Charge and a Total Deficiency Charge in this Section 6 is intended, therefore, to establish liquidated damages in the event Customer fails to maintain Customer's Minimum Revenue Commitment and Customer's Total Minimum Revenue Commitment and is not intended as a penalty.
The Deficiency Charge will be due at the same time charges are due for Services provided in the month in which the Deficiency Charge arose.
If, at the expiration of the Term, Centurion holds any Deficiency Charge amounts that have not been applied as a credit to payment for transportation as provided herein, Centurion shall be under no obligation to refund such Deficiency Charge amounts to Alon.