Common use of Term Agreements Clause in Contracts

Term Agreements. Some products/services are available under a term agreement (Term). The Term for all Service starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term and will automatically renew for successive one (1) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement. i. Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination. ii. Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii) you shall pay us liquidated damages equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us liquidated damages equal to the sum of one iiii. The parties agree that, at the inception of the Agreement, it would be impossible to determine the damages suffered by Momentum for Customer’s early termination or breach and that the liquidated damages referred to in paragraphs 2.1 (b) ii and 2.1 (b) iii bear a reasonable relationship to the damages that Momentum is likely to incur as a result of an early termination of the Agreement. The parties further agree that the liquidated damages provision is a material term of the Agreement, and without its inclusion, Momentum would not be able to provide the Services at the prices listed in the Enterprise Service Order.

Term Agreements. Some products/services are available under a term agreement (Term). The Term for all Service starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-two- hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term and will automatically renew for successive one (1) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement. i. Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination. ii. Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii) you shall pay us liquidated damages equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us liquidated damages equal to the sum of oneone hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. Customer has a right to reduce its Services requested without the obligation to pay liquidated damages if the reduction is related to a decrease in the number of the Customer’s employees utilizing the Services, and not to shift Services to a different provider. iiiiiv. The parties agree that, at the inception of the Agreement, it would be impossible to determine the damages suffered by Momentum for Customer’s early termination or breach and that the liquidated damages referred to in paragraphs 2.1 (b) ii and 2.1 (b) iii bear a reasonable relationship to the damages that Momentum is likely to incur as a result of an early termination of the Agreement. The parties further agree that the liquidated damages provision is a material term of the Agreement, and without its inclusion, Momentum would not be able to provide the Services at the prices listed in the Enterprise Service Order.

Term Agreements. Some products/services are available under a term agreement fixed-Term order (Term“Term Order”). The Term for all Service starts on the day of the last billed new Voice Service, or product (if applicable) whichever is later, and billing for Voice Service commences when each Voice Service is activated, unless . If activation is delayed due to circumstances beyond the customerClient’s control—, then the billing Term starts once on the impediment to earlier of the date the activation is removed; but in all events, billing will commence within occurs and six (6) months of execution after the Effective Date of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarityHowever, the preceding sentence does we are not obligate us required to grant a postponement of the activation datedate and a postponement request may be treated as a request to cancel the Voice Services. The Term and will automatically renew for successive one (1on a month-to-month basis under then-current monthly pricing pursuant to Section 2.1(a) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement. i. Either party may terminate a Term AgreementOrder, for any reason or for no reason, at the end of the current term Term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination. ii. Either party may terminate a Term Agreement Order if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii2(b)(ii) you shall pay us liquidated damages a termination fee equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement Order with respect to all Voice Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us liquidated damages a termination charge equal to the sum of one iiii. The parties agree that, at the inception one hundred percent (100%) of the Agreement, it would be impossible to determine the damages suffered by Momentum for Customer’s early termination or breach and that the liquidated damages referred to in paragraphs 2.1 (b) ii and 2.1 (b) iii bear a reasonable relationship to the damages that Momentum is likely to incur as a result of an early termination of the Agreement. The parties further agree that the liquidated damages provision is a material term of the Agreement, and without its inclusion, Momentum would not be able to provide the Services at the prices listed in the Enterprise Service Order.remaining minimum

Term Agreements. Some products/services are available under a term agreement (Term). The Term for all Service starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term and will automatically renew for successive one (1) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement. i. Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination. ii. Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. section (b) (ii) you shall pay us liquidated damages a termination fee equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us liquidated damages a termination charge equal to the sum of one iiii. The parties agree that, at the inception one hundred percent (100%) of the Agreementremaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), it would be impossible plus all fees incurred prior to determine the damages suffered by Momentum for date of termination of services. Customer has a right to reduce its Services requested without penalty if the reduction is related to a decrease in the number of the Customer’s early termination or breach and that employees utilizing the liquidated damages referred to in paragraphs 2.1 (b) ii and 2.1 (b) iii bear a reasonable relationship to the damages that Momentum is likely to incur as a result of an early termination of the Agreement. The parties further agree that the liquidated damages provision is a material term of the AgreementServices, and without its inclusion, Momentum would not be able to provide the shift Services at the prices listed in the Enterprise Service Orderto a different provider.

Term Agreements. Some products/services are available under a term agreement (Term). The Term for all Service starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—— then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term and will automatically renew for successive one (1) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement. i. Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination. ii. Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii) you shall pay us liquidated damages a termination fee equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach. iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us liquidated damages a termination charge equal to the sum of one iiii. The parties agree that, at the inception one hundred percent (100%) of the Agreementremaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), it would be impossible plus all fees incurred prior to determine the damages suffered by Momentum for date of termination of services. Customer has a right to reduce its Services requested without penalty if the reduction is related to a decrease in the number of the Customer’s early termination or breach and that employees utilizing the liquidated damages referred to in paragraphs 2.1 (b) ii and 2.1 (b) iii bear a reasonable relationship to the damages that Momentum is likely to incur as a result of an early termination of the Agreement. The parties further agree that the liquidated damages provision is a material term of the AgreementServices, and without its inclusion, Momentum would not be able to provide the shift Services at the prices listed in the Enterprise Service Orderto a different provider.