AVC Underutilization and Early Termination Charges Sample Clauses

AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year during the Schedule F Term, then Customer shall pay: (a) all accrued but unpaid charges incurred; and (b) an “Underutilization Charge” in an amount equal to 100% of the difference between the AVC and Customer’s Total Service Charges during such contract year. If: (a) Customer terminates the Agreement or the Schedule F Term for reasons other than Cause; or (b) Company terminates the Agreement of the Schedule F 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 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Schedule F Term, plus (iii) a pro rata portion of any and all credits received by Customer under the Schedule F. Waivers: 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 ECR Service, 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. One-time installation charges for Network Access are waived. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: On the Network V Lit Building Access Promotion OPTION NO 55124200 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”): $6,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or se...
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AVC 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 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 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. Credit: Migration Credit: Customer will receive a $14,000 credit applied against Customer’s designated Service Charges incurred for Interstate and International Services.
Sample 1
AVC 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 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 the Customer without Cause; or by Company for 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. Waivers:
Sample 1
AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the TVC at the end of the Initial Term, Customer shall pay an “Underutilization Charge” equal to one hundred percent (100%) of the unmet TVC. 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 one hundred (100%) of the unsatisfied TVC 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.
Sample 1
AVC Underutilization and Early Termination Charges. If, in any contract year that Customer is subject to an AVC requirement, Customer’s Total Service Charges do not reach the AVC in the 1st and 2nd contract years during the Term, Customer shall pay an “Underutilization Charge” equal to 35% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in the 3rd, 4th and 5th years during the Term, Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. If in the 1st and 2nd contract year (a) Customer terminates the Agreement before the end of the term for any other reason 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 35% 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. If in the 3rd, 4th and 5th contract years: (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 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. Credits: One-Time Credit: One Time Credit Data Center Services Non-Recurring Installation Charges: Customer will receive a credit equal to $84,000 applied against Customer's designated Service Charges incurred for Interstate Services.
Sample 1
AVC 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 the 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) the Customer terminates the Agreement before the end of the Term for reasons other than Cause (as defined in the Agreement); 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 50% 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. .
Sample 1
AVC Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not equal to exceed the AVC in any contract year during the Term; Customer shall pay an “Underutilization Charge” equal to 80% 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 days after such termination an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Initial Term, plus (ii) a pro rata portion of the Sign Up Credit received by Customer. For any contract year in which Customer’s Total Service Charges do not equal or exceed the AVC, then Company will allow up to $500,000.00 of Customer’s monthly recurring and usage charges (not including Taxes or Governmental Charges) incurred during such contract year for Company Wireless services, to contribute to Customer’s satisfaction of the AVC for such contract year.
Sample 1
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AVC 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: (a) Customer terminates the Agreement before the end of 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) 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 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: RVP Checkbook Monthly Option V2.0 (3-5 Year Term) General Installation Waiver Promotion V6.0 Verizon Business Services Install Guarantee LD Voice - Inbound Stimulus Promotion
Sample 1

Related to AVC Underutilization and Early Termination Charges

  • 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.

  • Early Termination Charges A-48 If this Agreement is terminated prior to its End Date pursuant to Clauses 42A-42, 43(a) or A- 43(c), the Home Customer shall pay to the Company an Early Termination Charge equivalent to (Termination Rate x Unexpired Months) where:

  • CONTRACT MANAGEMENT AND EARLY TERMINATION 14 8.1 Contract Remedies. 14 8.2 Termination for Convenience 14 8.3 Termination for Cause 14 ARTICLE IX. MISCELLANEOUS PROVISIONS 15 9.1 Amendment 15 9.2 Insurance 15 9.3 Legal Obligations 15 9.4 Permitting and Licensure 16 9.5 Indemnity 16 9.6 Assignments 16 9.7 Independent Contractor 17 9.8 Technical Guidance Letters 17 9.9 Dispute Resolution 17 9.10 Governing Law and Venue 17 9.11 Severability 17 9.12 Survivability 18 9.13 Force Majeure 18 9.14 No Waiver of Provisions 18 9.15 Publicity 18 9.16 Prohibition on Non-compete Restrictions 19 9.17 No Waiver of Sovereign Immunity 19 9.18 Entire Contract and Modification 19 9.19 Counterparts 19 9.20 Proper Authority 19 9.21 E-Verify Program 19 9.22 Civil Rights 19 9.23 System Agency Data 21 v. 2 16.1 Effective 03/26/2019 HHSC Grantee Uniform Terms and Conditions Page 3 of 21

  • Termination Charges Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.

  • Early Termination Fees The amount of an Early Termination Fee that we are entitled to charge is:

  • Termination Fee Charge A. In the event the Judicial Council terminates this Agreement pursuant to the “Termination Other Than for Cause” provision, as set forth in Exhibit A, the Judicial Council may be charged a Termination Fee, not to exceed the amount specified in Exhibit G.

  • EARLY TERMINATIONS The Student may be released from this agreement for:

  • Early Termination of Agreement (a) The City and the Contractor, by mutual written agreement, may terminate this Agreement at any time.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

  • TERMINATION OF EFT SERVICES You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make xxxx payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

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