Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 50% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer.
Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Term, Customer shall pay an “Underutilization Charge” equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer.
Underutilization and Early Termination Charges. If, in any Contract Year, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, 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 Total Service Charges during that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:
Underutilization and Early Termination 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 this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. In the event of early cancellation for OC-3 access service such termination shall not be effective until 30 days after the Company receives written notice of termination and the Customer will pay, within 30 days after such Termination Effective Date: (i) all accrued but unpaid charges for OC-3 access service incurred through the Termination Effective Date, plus (ii) an amount equal to 100% of the Monthly Fees for OC-3 access remaining in the unexpired portion of the circuit term calculated from the Termination Effective Date. Credits:
Underutilization and Early Termination 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 this 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 that Contract Year. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, then the Customer will pay, within thirty (30) days after such termination; (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus (iii) a pro rata portion of any and all credits received by Customer.
Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year during the Term, Customer shall pay an “Underutilization Charge” equal to 100% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 Initial Term: 36 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicable, the Agreement is automatically extended (“Month-to-Month Term”) on a month-to-month basis until either party terminates it upon 60 days' prior written notice Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts (the “AVC”) in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000
Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credit: One-Time Fund Deposit: Customer will receive a credit of $54,000.00 to be applied to Customer’s Fund account. Waiver: Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, and (ix) Enhanced Call Routing, x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived.
Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to fifty percent (50%) of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to seventy-five percent (75%) of the unmet AVC for the year of termination and each subsequent Contract Year remaining in the Term plus a pro rata portion of any credits received by Customer.
Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC during any Contract Year. Customer shall pay an “Underutilization Charge” equal to 100% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC during the Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Cause, Customer shall pay all accrued but unpaid charges incurred through the date of such termination and an “Early Termination Charge” equal to 100% of the unmet AVC plus a pro rata portion of any credits received by Customer. Option 337338, Sept 12 Initial Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $285,000 in Total Service Charges in each twelve-month period during the Initial Term.
Underutilization and Early Termination Charges. If Customer's Total Service Charges do not meet or exceed the TVC at the expiration of the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the TVC and Customer's Total Service Charges during the Initial Term. If Customer’s Total Service Charges do not meet or exceed the Extended Term Commitment at the expiration of the Extended Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the Extended Term Commitment and Customer's Total Service Charges during the Extended Term. If: (a) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to twenty-five percent (25%) of the unsatisfied TVC remaining in the Initial Term, plus (iii) a pro rata portion of any and all credits received by Customer other than credits for refunds of overcharges, reimbursements or credits for service level failures. Credits: One Time Credits: Provided that Customer executes and delivers the Agreement to the Company no later than an agreed upon date, Customer shall receive a credit equal to $215,000 which will be applied against Customer's Interstate Total Service Charges. Customer will receive a credit equal to $75,000 to be applied against Customer's designated Service Charges incurred for Interstate Services. Customer will receive a credit equal to $10,500 to be applied against Customer's designated Service Charges incurred for Interstate and International Services. Provided that Customer executes and delivers the Agreement to the Company no later than an agreed upon date, Customer shall receive a credit equal to $60,000 which will be applied against Customer's Interstate and International Total Service Charges. Customer will receive a credit equal to $10,000 to be applied against Customer's Total Service Charges incurred for interstate and international services.
