MONTHLY MINIMUM COMMITMENT Clause Samples

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MONTHLY MINIMUM COMMITMENT. Customer understands and agrees that the rates for Service to Customer are based upon an expected billable level of recurring charges and that, absent the minimum level for Services set forth herein, Seller would be unable to offer Services at the rates given to Customer. For the initial ninety days after the interconnection date, there is no minimum recurring charge commitment. Thereafter, beginning on the 91st day from interconnection date, Seller will require a monthly minimum commitment of sixty nine dollars ($69) of recurring charges, including recurring charges for DIDs, terminated or originated on its network. (Monthly commitment will be prorated for the month if the 91 st day falls within a month.) Seller will review Customer’s invoice amount at the end of each monthly billing period and if at the end of any period in which Customer has not met the applicable Minimum Commitment level then Customer will pay Seller the amount of the Minimum Commitment within five business days of the end of the billing period.
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MONTHLY MINIMUM COMMITMENT. (A) Any monthly minimum usage commitments agreed upon by Qwest and Customer shall be set forth in the attached Services Descriptions and rate Exhibits, which such exhibits are specified in Section 3 of this Agreement (the "Monthly Commitment"). Customer acknowledges and agrees that certain rates and discounts may be being provided to Customer hereunder in consideration of Customer's agreement to meet or exceed the Monthly Commitment and that such rates and discounts would not be offered to Customer without Customer's agreement to make such commitments. (B) The minimum monthly usage required per DS-1 is [*] MOUs averaged among all Qwest DS-1s used by Customer under this Agreement (the "Minimum Facility Utilization"). In the event Customer fails to meet or exceed the Minimum Facility Utilization average, Qwest shall give Customer five (5) business days notice of the certain circuits that are not meeting such commitment. Customer agrees, within such five (5) day period, either to (i) bring usage up to such Minimum Facility Utilization average on such circuits or (ii) release such circuits under the [*] to Qwest from use by Customer. If Customer does not comply with the above requirement, Customer will be assessed a monthly underutilization fee of [*] (the "Underutilization Fee") for each DS-1 which was under the Minimum Facility Utilization for such month. (C) Qwest and Customer specifically agree that any underutilization fees, deficiency charges or other relief, if any, provided for in this Agreement or the Exhibits relating to any of the commitments in this Agreement or the Exhibits represent mutual good faith estimates of, and bear reasonable relationships to, the actual damages to Qwest in the event of Customer's failure to meet such commitments or Customer's underutilization of such circuits, and they do not represent a penalty of any kind. The Parties further agree that such fees, charges and relief are obligations of Customer, subject to specific performance. QWEST CONFIDENTIAL AND PROPRIETARY -------------------- [*] Information redacted pursuant to a confidential treatment request throughout this exhibit. 1 3 CARRIER SERVICE AGREEMENT
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MONTHLY MINIMUM COMMITMENT. Along with all other services Customer procures and uses from Qwest, including those under a certain Carrier Service Agreement, Customer's Monthly Revenue shall equal or exceed [*] each billing month under the term of this Agreement following a [*] (collectively, the "Monthly Commitment") under and during the Term of this Agreement. "
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MONTHLY MINIMUM COMMITMENT. From and after any applicable Ramp Period (as defined below), Customer will pay to Provider the Monthly Minimum Commitment with respect to Services provided pursuant to the Rate Sheet, as well as any other amounts due and/or payable pursuant to the MSA or any applicable SOF from time to time. “Monthly Minimum Commitment” set forth in the Rate Sheet means the minimum Customer payment obligation to be included in any applicable invoice, excluding (i) all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees, miscellaneous fees, and surcharges, whether charged to or against Provider, including, without limitation, any cost recovery fee which will represent an accurate and non-inflated recovery of Provider’s, or any underlying provider’s, miscellaneous tax, surcharge, and fee payments to federal, state or local governmental authorities associated with the provision of Services by Provider to Customer pursuant to any applicable SOF, and (ii) any late payment or similar fees. If Customer fails to otherwise incur charges at least equal to the Monthly Minimum Commitment in any applicable month, Customer will pay to Provider the difference between the actual charges and the Monthly Minimum Commitment. The Monthly Minimum Commitment set forth in the Rate Sheet is in addition to any other revenue commitments by Customer pursuant to the MSA, any SOF or any other document or agreement. Any amounts paid (or due or payable) pursuant to any applicable SOF will not apply to any other revenue commitments by Customer and any such other revenue commitments by Customer will not apply to any amounts due or payable pursuant to any applicable SOF.
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MONTHLY MINIMUM COMMITMENT. During each month of the Agreement, Customer shall purchase Services from XO in an amount that shall equal or exceed Dollars ($ ) per month (the "Monthly Minimum"). If, at the end of each such month, Customer's purchase of Services are less than the Monthly Minimum, then Customer shall pay: (I) all accrued but unpaid Service charges and other charges incurred by Customer; and (2) a shortfall charge (which Customer hereby agrees is reasonable) equal to the difference between the Monthly Minimum and Customer's actual purchase of XO's Services (including any applicable cancellation charges), excluding taxes, tax related surcharges, and other surcharges during that month.
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Related to MONTHLY MINIMUM COMMITMENT

  • Minimum Commitment If for a certain Service a minimum commitment has been determined in the Agreement, the Customer guarantees to respect the minimum commitment described in the Agreement during the entire period of the Agreement. If the Customer does not respect this minimum commitment, the Customer shall pay the compensation mentioned in the Agreement. If no compensation has been mentioned in the Agreement, the Customer has to pay the applicable Charges for the respective Service, or the average of the applicable Charges if different Charges are applied for the respective Service, per missing number of its minimum commitment. Services that are timely cancelled by the Customer or Services for which the Customer has paid a cancellation fee , do not, even not partly, release the Customer from its obligation to respect the minimum commitment . Services cancelled as due to Force Majeure and Services cancelled by Lineas for other reasons than Force Majeure, will be considered as a Services ordered and paid for by the Customer. Services cancelled by the Customer or by Lineas because of holidays do not, even not partly, release the Customer from its obligation to respect its minimum commitment.

  • Maximum Commitment The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work.

  • Minimum Balance ▇▇▇▇▇▇▇▇ agrees to maintain a minimum balance of funds in the Settlement Account as Processor may specify to Merchant in writing from time to time.

  • Reduction of Total Commitment The Borrower shall have the right at ----------------------------- any time and from time to time upon five (5) Business Days prior written notice to the Agent to reduce by $2,500,000 or an integral multiple of $500,000 in excess thereof or terminate entirely the Total Commitment, whereupon the Commitments of the Banks shall be reduced pro rata in accordance with their --- ---- respective Commitment Percentages of the amount specified in such notice or, as the case may be, terminated. Promptly after receiving any notice of the Borrower delivered pursuant to this (S)2.3, the Agent will notify the Banks of the substance thereof. Upon the effective date of any such reduction or termination, the Borrower shall pay to the Agent for the respective accounts of the Banks the full amount of any commitment fee then accrued on the amount of the reduction. No reduction or termination of the Commitments may be reinstated.

  • Minimum Current Ratio The Borrower will not, as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2018), permit the Current Ratio to be less than 1.00 to 1.00.