Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 25% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; or by Company for Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time Credit: Customer will receive a credit equal to $3,700 applied against Customer's Total Service Charges for Interstate and International Services.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, ; Customer shall pay: pay an "“Underutilization Charge" ” equal to 2550% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. CreditsCredit: One One-Time Credit: Customer will receive a credit credit, equal to $3,700 1,500, applied against Customer's Total designated Service Charges incurred for Interstate and International Services.Services and any other services mutually agreed upon by the Customer and the Company. Waivers:

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; or by Company for Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. CreditsCredit: One Time Credit: Customer will receive a two credits, each credit equal to $3,700 450.00, plus Taxes and Governmental Charges, to be applied against Customer's Total Service Charges for ’s Interstate and International ServicesTotal Service Charges.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay: pay an "“Underutilization Charge" ” equal to 25% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year contract year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time CreditCredits: Customer will receive a credit equal to of $3,700 6,158.47which will be applied against Customer's ’s interstate and international Total Service Charges for Interstate and International ServicesCharges.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay: pay an "“Underutilization Charge" ” equal to 2575% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the Customer without end of the Term for reasons other than Cause; or by (b) Company terminates the Agreement for Cause, Cause then Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any credits received by Customer. Credits: One Time CreditCredits: Customer will receive a credit equal to of $3,700 5,400 which will be applied against Customer's ’s Total Service Charges incurred for Interstate interstate and International Servicesinternational Total Service Charges.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, ; Customer shall pay: pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time CreditCredits: Customer will receive a credit two credits, each equal to $3,700 8,000, applied against Customer's Total Service Charges for Interstate and International Services.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay: pay an "“Underutilization Charge" ” equal to 2550% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One . One-Time Credit: Credit(s): Customer will receive a credit equal to two $3,700 25,000 credits applied against the Customer's Total ’s designated Service Charges incurred for Interstate Services and International ServicesServices and any other services mutually agreed upon by the customer and the Company. Waiver(s).

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time CreditCredits: Customer will receive a credit two credits, each equal to $3,700 8,000, applied against Customer's Total Service Charges for Interstate and International Services.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay: pay an "“Underutilization Charge" ” equal to 25% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time CreditUsage Credits: Customer will receive a credit three credits each equal to $3,700 6885.00, applied against Customer's Total designated Service Charges incurred for Interstate and International Services.. OPTION NO 54115906 (rev. May 07, Amendment 3)

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay: pay an "“Underutilization Charge" ” equal to 2550% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One One-Time CreditCredits: Customer will receive a $60,000 credit equal to $3,700 applied against Customer's Total ’s designated Service Charges incurred for Interstate and International ServicesServices and any other services mutually agreed upon by the Customer and the Company. Waivers.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay: pay an "“Underutilization Charge" ” equal to 25% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause; Cause or by the Company for with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time Credit: . Customer will receive a $5,000 credit equal to $3,700 applied against the Customer's ’s interstate Total Service Charges for Interstate and International ServicesCharges.