Common use of Shortfall Liability Clause in Contracts

Shortfall Liability. Shortfall liability applies to any SN-TVDP Customer that fails to meet the minimum arrangement volumes for its designated commitment level. Shortfall liability is based on the difference between the monthly rate for the designated commitment level and the monthly rate for the commitment level that should have been charged based upon the actual quantity of billed Frontier lnfospeed DSL Solutions arrangements at the end of the Subscription Year. The shortfall liability is equal to the difference in the monthly rate multiplied by the sum of all arrangements billed at the end of each month during such Subscription Year. For example, at the end of Subscription Year Two, a SN-TVDP Customer with Commitment Level C and only 10,000 arrangements in-service will be assessed the difference in the monthly rate between Commitment Level B and Commitment Level C for each arrangement billed at the end of each month during the Subscription Year. Customer may stay in its commitment level by paying an alternative shortfall liability equal to the minimum arrangement volume applicable to its Commitment Level less the actual number of Frontier lnfospeed DSL arrangements billed at the end of the Subscription Year multiplied by the current monthly rate for the selected commitment level, multiplied by six. An additional payment of 10% of the shortfall liability is assessed those Customers who fail to meet the minimum arrangement volume after moving to a higher commitment level the previous year. Customers who fall below the minimum arrangement volume for Commitment Level A in any Subscription Year will be terminated from the SN-TVDP and will be subject to termination liability. All of Customer's Frontier lnfospeed DSL Solutions arrangements will revert to the basic month• to-month rates. If a Customer falls below the minimum volume for Commitment Level A and is terminated from the SN- TVDP twice, in consecutive Subscription Years, the Customer may not subscribe to any term plan for 12 months after being moved to month-to-month rates.

Shortfall Liability. Shortfall liability applies to any SN5N-TVDP Customer that fails to meet the minimum arrangement volumes for its designated commitment level. Shortfall liability is based on the difference between the monthly rate for the designated commitment level and the monthly rate for the commitment level that should have been charged based upon the actual quantity of billed Frontier lnfospeed Verizon Infospeed DSL Solutions arrangements at the end of the Subscription Year. The shortfall liability is equal to the difference in the monthly rate multiplied by the sum of all arrangements billed at the end of each month during such Subscription Year. For example, at the end of Subscription Year Two, a SN5N-TVDP Customer with Commitment Level C and only 10,000 arrangements in-service will be assessed the difference in the monthly rate between Commitment Level B and Commitment Level C for each arrangement billed at the end of each month during the Subscription Year. Customer may stay in its commitment level by paying an alternative shortfall liability equal to the minimum arrangement volume applicable to its Commitment Level less the actual number of Frontier lnfospeed Verizon Infospeed DSL arrangements billed at the end of the Subscription Year multiplied by the current monthly rate for the selected commitment level, multiplied by six. An additional payment of 10% of the shortfall liability is assessed those Customers who fail to meet the minimum arrangement volume after moving to a higher commitment level the previous year. Customers who fall below the minimum arrangement volume for Commitment Level A in any Subscription Year will be terminated from the SN5N-TVDP and will be subject to termination liability. All of Customer's Frontier lnfospeed Verizon Infospeed DSL Solutions arrangements will revert to the basic month• month-to-month rates. If a Customer falls below the minimum volume for Commitment Level A and is terminated from the SN- 5N-TVDP twice, in consecutive Subscription Years, the Customer may not subscribe to any term plan for 12 months after being moved to month-to-month rates.

Shortfall Liability. Shortfall liability applies to any SN5N-TVDP Customer that fails to meet the minimum arrangement volumes for its designated commitment level. Shortfall liability is based on the difference between the monthly rate for the designated commitment level and the monthly rate for the commitment level that should have been charged based upon the actual quantity of billed Frontier lnfospeed FairPoint Communications Wholesale DSL Solutions arrangements at the end of the Subscription Year. The shortfall liability is equal to the difference in the monthly rate multiplied by the sum of all arrangements billed at the end of each month during such Subscription Year. For example, at the end of Subscription Year Two, a SN5N-TVDP Customer with Commitment Level C and only 10,000 arrangements in-in- service will be assessed the difference in the monthly rate between Commitment Level B and Commitment Level C for each arrangement billed at the end of each month during the Subscription Year. Customer may stay in its commitment level by paying an alternative shortfall liability equal to the minimum arrangement volume applicable to its Commitment Level less the actual number of Frontier lnfospeed FairPoint Communications Wholesale DSL arrangements billed at the end of the Subscription Year multiplied by the current monthly rate for the selected commitment level, multiplied by six. An additional payment of 10% of the shortfall liability is assessed those Customers who fail to meet the minimum arrangement volume after moving to a higher commitment level the previous year. Customers who fall below the minimum arrangement volume for Commitment Level A in any Subscription Year will be terminated from the SN5N-TVDP and will be subject to termination liability. All of Customer's Frontier lnfospeed ’s FairPoint Communications Wholesale DSL Solutions arrangements will revert to the basic month• month-to-month rates. If a Customer falls below the minimum volume for Commitment Level A and is terminated from the SN- 5N-TVDP twice, in consecutive Subscription Years, the Customer may not subscribe to any term plan for 12 months after being moved to month-to-month rates.