Common use of MONTHLY MINIMUM COMMITMENT Clause in Contracts

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

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 ’s agreement to meet or exceed the Monthly Commitment and that such rates and discounts would not be offered to Customer without Customer's ’s agreement to make such commitments. (B) The With respect to Qwest Express switched services (the “Switched Services”), following a one time ramp up period of the first three billing months after the Effective Date (the “Ramp Up Period”), the minimum monthly usage required per DS-1 DS-l or equivalent thereof (the “Circuits”) is [*] MOUs averaged among all Qwest DS-1s Circuits used by Customer under this Agreement (the "“Minimum Facility Utilization"”). In the event Customer fails to meet or exceed the Minimum Facility Utilization average, average Qwest shall give Customer five (5) business days notice of that the certain circuits that are Customer has not meeting met or exceeded such commitment. utilization requirement, Customer agrees, within such five (5) day period, either to (i) bring usage up to such Minimum Facility Utilization average on such circuits Circuits or (ii) release such to Qwest those circuits which were under the [*] to Qwest from use by Customerlevel for such month. 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 Circuit that was under the [*] level for such month in which Customer failed to meet the average Minimum Facility Utilization Utilization. [*] Confidential treatment has been requested for such monththe bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (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 ’s failure to meet such commitments or Customer's ’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.

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 With respect to Qwest Express switched services (the "Switched Services"), following a one time ramp up period of the first three billing months after the Effective Date (the "Ramp Up Period"), the minimum monthly usage required per DS-1 or equivalent thereof (the "Circuits") is [*] 100,000 MOUs averaged among all Qwest DS-1s Circuits used by Customer under this Agreement (the "Minimum Facility Utilization"). In the event Customer fails to meet or exceed the Minimum Facility Utilization averageaverage Qwest, Qwest shall give Customer five (5) business days notice of that the certain circuits that are Customer has not meeting met or exceeded such commitmentutilization requirement. Customer agrees, within such five (5) day period, either to (i) bring usage up to such Minimum Facility Utilization average on such circuits Circuits or (ii) release such circuits to Qwest those Circuits which were under the [*] to Qwest from use by Customer100,000 MOU level for such month. If Customer does not comply with the above requirement, Customer will be assessed a monthly underutilization fee of [*] $2,500 (the "Underutilization Fee") for each DS-1 which Circuit that was under the 100,000 MOU level for such month in which Customer failed to meet the average Minimum Facility Utilization for such monthUtilization. (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 QWEST CONFIDENTIAL AND PROPRIETARY CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. QWEST COMMUNICATIONS CORPORATION CARRIER SERVICES AGREEMENT 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.