Common use of Chronic Clause in Contracts

Chronic. Subject to the terms, exclusions and restrictions described herein, if during three consecutive calendar months or any six calendar months in any 12 month period, the aggregate amount of credits received by Customer in accordance with this document for a particular Affected Port and associated PVC terminated to such Port exceeds 40% of Customer’s total monthly recurring charges for the Port and PVC provided hereunder, after application of any credits for that Port and/or associated PVC during the applicable period, Customer may, upon 30 days’ prior written notice to Qwest, terminate the Affected Port and associated PVC without incurring any early termination charges associated with that Port and PVC except for usage charges accrued to the date of termination Customer must exercise any termination right available to it under this section within 30 days after Customer first becomes eligible to exercise the applicable termination right. In the event Customer fails to comply with the condition set forth in the immediately preceding sentence, Customer will, with respect to the applicable termination right, have waived its right to such termination right.

Chronic. Subject to the terms, exclusions exclusions, and restrictions described herein, if during three consecutive calendar months Calendar Months or any six calendar months Calendar Months in any 12 month period, the aggregate amount of credits received by Customer in accordance with this document SLA for a particular Affected Port and associated PVC PVCs terminated to such Port port exceeds 4050% of Customer’s total monthly recurring charges for the Port and PVC provided hereunder, (after application of any credits credits, for that Port and/or associated and PVC during the applicable period), Customer may, upon 30 days’ days prior written notice to Qwest, terminate the Affected Port and associated PVC without incurring any early termination charges associated with that Port and PVC except for usage charges accrued to the date of termination termination. Customer must exercise any termination right available to it under this section within 30 days after Customer first becomes eligible to exercise the applicable termination right. In the event Customer fails to comply with the condition set forth in the immediately preceding sentence, Customer will, with respect to the applicable termination right, have waived its right to such termination right.