Common use of Best Clause in Contracts

Best. BEST+ is an optional billable feature available if Customer (i) purchases Optimized VoIP Service via a “right to buy” arrangement, and (ii) purchases a minimum of 200 simultaneous calling units at the enterprise level. With BEST+, Customer can exceed (or “burst”) its simultaneous calling capacity if, for example, it experiences an unplanned burst of inbound/outbound voice calls. To enable BEST+, Customer will be charged an MRC based on its simultaneous calling capacity purchased at the enterprise level and its selected tier of burstable simultaneous calling units (see table below). Customer also will be charged an NRC for the maximum number of bursted simultaneous calling units attained during the affected billing period. Simultaneous Calling Capacity BEST+ Tier Per Enterprise* Maximum Additional Simultaneous Calling Capacity 1 200 – 399 + 50 2 400 – 799 +100 3 800 – 1,199 + 200 4 1,200 – 1,599 + 300 5 1,600+ + 400 *Customer may purchase at its Per Enterprise level or below. For example, if Customer purchases a Simultaneous Calling Capacity of 1,000 calls, it is in BEST+ Tier No. 3. It can purchase the Maximum Additional Simultaneous Calling Capacity for Tier Nos. 3, 2, or 1. It cannot purchase at Tier Nos. 4 or 5 (unless it subsequently purchases additional Simultaneous Calling Capacity to advance into either of those Tiers).