Underutilization and Termination with Liability. 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 Termination with Liability. 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.
Underutilization and Termination with Liability. 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: (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 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. Waiver:
Underutilization and Termination with Liability. 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: (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 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER-DIGTAL T1 ACCESS INSTALL WAVIER-DOMESTIC PRIVATE LINE ON THE NETWORK V LIT BUILDING ACCESS PROMOTION Initial Term: 36 months, following the expiration of the Ramp Period 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, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of 24 months.
Underutilization and Termination with Liability. 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 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. Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 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, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.
Underutilization and Termination with Liability. 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 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 of termination (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Contract Renewal Promotion RVP Checkbook – Monthly Option (1 Year Term) 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”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $60,000 in Total Service Charges (“AVC”) in each twelve month period during the Initial Term.
Underutilization and Termination with Liability. 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 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 30 days after such termination an amount equal to 75% of the Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – V5.0 OPTION NO: 328838 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”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $500,000 in Total Service Charges (“AVC”) during each contract year of the Term.
Underutilization and Termination with Liability. 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 75% of the unmet AVC. If (a) Customer’s 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 30 days after such termination: (i) and amount equal to 75%of the unsatisfied AVC remaining during the year of termination and for each subsequent Contract Year remaining in the Term, plus a pro rata portion of any credits received by Customer.
Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with cause, the Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Term: 12 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, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $600.00 in Total Service Charges
Underutilization and Termination with Liability. 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 100% 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 30 days after such termination an amount equal to 100% of the Term plus a pro rata portion of any credits received by Customer. 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”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $90,000 (the “AVC”) in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”).
