Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

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Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (revCredits: Recurring Credit(s): Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 35% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. Jan 10, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration The resulting dollar amount of the Schedule F Term, the Schedule F Term credit will be automatically extended applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on a month-to-month basis unless either party terminates Customer’s invoice, adjustment memo or other billing document within two billing cycles after the Agreement upon at least sixty billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (60plus equipment charges) days written notice prior – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to the end of the Initial Term (“Extended Term”).be applied. Waivers:

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 52813200 (rev. Jan 10Apr. 07, Amendment 182) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $48,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during upon conclusion of the Initial Term, Customer's Total Service Charges do not meet or exceed are less than the AVCTerm Volume Commitment, then Customer shall will pay: (1) all accrued but unpaid Total Service Charges and other charges incurred by Customer; and (2) an underutilization charge (which Customer hereby agrees is reasonable) equal to the difference between Customer's Total Service Charges during the Initial Term and the Term Volume Commitment. Upon the conclusion of each Contract Year of the Renewal Term, if Customer’s Total Service Charges are less than the Renewal Term Commitment for that Contract Year, then Customer will pay: (1) all accrued by unpaid Total Service Charges and other charges incurrent by Customer, and (2) an underutilization charge (which Customer hereby agrees is reasonable) equal to the different between Customer’s Total Service Charges during that Contract Year and the Renewal Term Commitment. If Customer terminates this Agreement during the Term other for Cause or (2) Verizon terminates the Agreement in accordance with subparts (c), (f), or (g) of the Service Schedule Two, Customer wiII pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid and other charges incurred under this Agreement, and through the date of such termination; (b) an amount (which Customer hereby agrees is reasonable) equal to 25% eighty percent (80%) of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end aggregate of the Term Volume Commitment or Renewal Term Commitment as applicable that would have been applicable for reasons other than Cause; or (b) the Company terminates remaining unexpired portion of the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through Term on the date off of such termination, plus termination (iic) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 Customer hereunder, unless otherwise, in full, without setoff or deduction specified (rev. Jan 10, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration exclusive of the Schedule F TermInterstate Service Credits, if any); plus (d) the Schedule F Term will be automatically extended on a month-to-month basis unless either aggregate termination charges, payable to any third party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).suppliers, if any, for which Verizon is or becomes contractually liable in connection with such termination. Credits:

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (revNO. Jan 10, Amendment 18) Initial 42956002 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).. During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $84,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Rates and Charges: Data:

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 NO. 55788402 (rev. Jan 10May 08, Amendment 181) Initial Term: 36 24 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $460,000 in Total Service Charges (“AVC”) during each contract year of the Term.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 55229401 Term: 36 12 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $18,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year or portion thereof during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, AVC or pro rata portion then Customer Customer’s shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC or (pro rata portion) and Customer's Total Service Charges during that Contract YearYear of portion thereof. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER-DIGITAL T1 ACCESS REGIONAL CHECKBOOK 2004-2 YEAR (CREDIT OPTION) INSTALL WAIVER-DOMESTIC PRIVATE LINE ON THE NETWORK III LIT BUILDING ACCESS OPTION NO 137680 (revNO. Jan 10151938, Amendment 18) 1 Term and Renewal Options: The term is 24 months (“Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months”). Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term The agreement will be automatically extended (“Extension Term”) on a month-to-month basis upon expiration of the Initial Term, unless either party terminates has delivered written notice of its intent to terminate the Agreement upon agreement at least sixty (60) 60 days written notice prior to the end of the Initial Term (“Extended Term”).

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (revCredits: One Time Credits: Customer will receive a credit equal to $130,000.00 and a second credit equal to $120,000.00, to be applied against Customer’s designated Services Charges incurred for Interstate and International Services and any other services mutually agreed by Company and Customer. Jan 10Fund Deposit: Customer will receive a credit of $60,000.00, Amendment 18) Initial Termto be applied to Customer’s Fund account. Achievement Credits: 36 months Commencing on the 2nd Amendment Effective DateIf during any contract year, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration Customer's annual Total Service Charges equal one of the Schedule F Termlevels below, Customer shall receive the Schedule F Term corresponding Achievement Credits. The Achievement Credit will be automatically extended on a month-to-month basis unless either party terminates applied against Customer's designated Total Service Charges incurred for Interstate and International services and any other services mutually agreeable by the Agreement upon at least sixty (60) days written notice prior Company and Customer. Annual Total Service Charges Achievement Credit $0 - $1,099,999 $0 $1,100,000 - $1,599,999 $50,000 $1,600,000 - $2,199,999 $60,000 $2,200,00.00 - $2,999,999 $180,000 $3,000,000 + $255,000 Award of Achievement Credit: Customer will receive an Achievement Credit equal to the end of the Initial Term (“Extended Term”)$50,000.00, plus Taxes and Governmental Charges, to be applied against Customer’s Interstate and International Total Service Charges.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 2550% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 2550% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 NO. 55888702, (rev. Jan Mar 10, Amendment 18) 8) Initial Term: 36 24 months Commencing on the 2nd 1st Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 24 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): $120,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $500,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year. Commencing on the 7th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 2575% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 2575% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 Credits: One Time Credits: Customer will receive three (rev3) credits equal to $32,832.00, to be applied against the Customer's designated Service Charges incurred for Ethernet Access and any other services mutually agreeable by the Company and the Customer. Jan 10Provided that Customer executes and delivers the Agreement to Company no later than an agreed upon date, Amendment 18) Initial TermCustomer shall receive a credit equal to $10,000.00, to be applied against the Customer’s designated Service Charges incurred for Interstate and International Services and any other Services mutually agreeable by Company and Customer. Waivers: 36 months Commencing on Installation Waiver: Company will waive the 2nd Amendment Effective Date, one-time installation charges associated with the Schedule F Term will start anew and continue for a period implementation of 36 months. Commencing on Services within the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration 48 contiguous States of the Schedule F TermU.S. provided under this Agreement except for the following services: (i) eDSL, the Schedule F Term will be automatically extended on a month(ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-toE, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-month basis unless either party terminates the Agreement upon at least sixty Listing/Non-Published Service, (60xv) days written notice prior to the end of the Initial Term Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“Extended TermILECs) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Toll Free Waiver: Company will waive Customer’s monthly recurring charges for Time-of-Day/Time-of-Interval Routing; Cross Corporate Identification Routing (CCID); Day-of-Week Routing; Exchange Routing; Geographic/Point-of-Call Routing; Percentage Allocation Routing per Toll Free Number.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, the Customer's Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and the Customer's Total Service Charges during that Contract Year. If If, in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by the Customer. OPTION NO 137680 (revCredits: One Time Credit: Customer will receive a usage credit equal to $2,142.00, plus applicable Taxes and Governmental Charges, to be applied against the Customer’s designated Service Charges incurred for Interstate and International Services and any other Services mutually agreeable by Company and Customer. Jan 10Monitoring Condition: In order to receive the Usage Credit, Amendment 18) Initial Term: 36 months Commencing on Customer must maintain at least 1 DS1 U.S. Private Line circuits originating and terminating at 1 CLLI code location mutually agreeable by Company and Customer, for the 2nd period of 1 year following the Amendment Effective Date. If Customer fails to satisfy the condition, Company reserves the Schedule F Term right to rescind the Usage Credit, which Xxxxxxxx agrees to execute, and Xxxxxxxx agrees to repayment to Company the $2,142.00 Usage Credit. Customer will start anew receive one credit equal to $5,000, applied against Customer's designated Service Charges incurred for Interstate and continue International Services and any other Services mutually agreeable by Company and Customer. Customer will receive one-time credit equal to $15,000.00, to be applied against the Customer’s designated Service Charges incurred for Interstate and International Services and any other Services mutually agreeable by Company and Customer. Checkbook Credit: The Customer will receive a period checkbook Promotion Credit being equal to $35,000.00. The Customer acknowledges that posting of 36 monthsthese credits will satisfy the Company’s obligations under the Checkbook Promotion provision. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).Waivers:

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Credit: One-Time Credit: Customer will receive a credit of $500, to be applied to Customer’s Fund account. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS GENERAL INSTALLATION WAIVER PROMOTION OPTION NO 137680 42584303 (rev. Jan 10Jul. 08, Amendment 189) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start be extended for a period of 6 months following the expiration of the Initial Term. Commencing on the 9th Amendment Effective Date, the Initial Term will begin anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 24 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment: Customer agrees to pay Company no less than $84,000 in Total Service Charges during each contract year. Commencing on the 3rd Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $144,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year. Commencing on the 9th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $160,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If If, in any monthly billing period during the Extended Term, the Customer’s 's Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an amount "Underutilization Charge" equal to 25% of the difference between 1/12 of the AVC and the Customer’s 's Total Service Charges during such monthly billing period. If If: (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Installation OPTION NO 137680 (revNO. Jan 10, 144139,Rev Dec 17 Amendment 18) 12 Initial Term: 36 months Commencing on the 2nd 3rd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th 9th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 24 months. Upon expiration of Commencing on the Schedule F Term11th Amendment Effective Date, the Schedule F Term will be automatically extended start anew and continue for a period of 24 months. Commencing on the 12th Amendment Effective Date, the Term will start anew and continue for a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end period of the Initial Term (“Extended Term”)24 months.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of 75%of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If If, in any monthly billing period during the Extended Term, the Customer’s 's Total Service Charges do not meet or exceed 1/12 ½ of the AVC AVC, then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, ; and (b) an amount "Underutilization Charge" equal to 25% of the difference between 1/12 1/2 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If . If: (a) the Customer terminates this Agreement before during the end of the Initial Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause pursuant to the Section entitled “Termination”, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 2575% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year and a pro rata thereof for any partial Contract Year) remaining in the termunexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign up credits, or up front credits received by provided to Customer under this Agreement. If, in any monthly billing period during the Extended Term, Customer's Total Service Charges do not meet or exceed ½ of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" equal to 100% of the difference between the Extended Term Volume Commitment and Customer's Total Service Charges during such monthly billing period. OPTION NO 137680 (revCredits: One Time Credits: Customer will receive 2 checkbook Promotion Credits with each credit being equal to $50,000. Jan 10, Amendment 18) Initial Term: 36 months Commencing on The Customer will receive the 2nd Amendment 1st $50,000 Checkbook Promotion Credit in the 6th month following the Effective Date, the Schedule F Term will start anew and continue for a period . The 2nd Checkbook Promotion Credit of 36 months. Commencing on $50,000 to be applied in the 18th Amendment month following the Effective DateDate shall be applied as follows: the Customer will receive a credit of $25,000 during the December 2006 billing cycle; and the Customer will receive a credit of $25,000 during the February 2007 billing cycle. The Customer acknowledges that posting of these credits will satisfy the Company’s obligations under the Checkbook Promotion provision. Customer will receive two credits – one equal to $21,500, the Schedule F Term and a second credit of $32,400 to be applied against Customer’s designated Service Charges incurred for Interstate Services. Customer will start anew receive two credits – one equal to $285,060, and continue a second credit of $285,060 to be applied against Customer’s designated Service Charges incurred for a period of 12 monthsInterstate Services. Upon expiration of the Schedule F Term, the Schedule F Term Usage Credits: Customer will receive two credits each equal to $2,700 to be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).applied against Customer's designated Service Charges incurred for Interstate Services. Waivers:

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 2550% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing periodunmet AVC. If (a) Customer’s terminates the Customer terminates this Agreement agreement before the end of the Term for reasons other than Cause; Cause or (b) the Company terminates the Agreement for Cause then the Customer will pay, pay within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an and amount equal to 25% of 50%of the unsatisfied AVC remaining during the year of the termination, termination and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 Credits: One Time Credits: Signing Credit: Customer will receive a credit equal to $20,000.00 plus applicable Taxes and Governmental Charges (rev. Jan 10"Signing Credit"), Amendment 18which will be applied against Customer’s Total Service Charges in the second (2nd) Initial Term: 36 months Commencing on the 2nd Amendment month following this Agreement's Effective Date. Notwithstanding any other provision to the contrary in the Agreement, the Schedule F Term application of the Signing Credit does not reduce the Total Service Charges calculated under the Agreement. Customer must designate, in writing, within 30 calendar days from execution of this contract, where credits are to be applied in full, or Company may elect to apply the credit to the oldest Customer balances. The credit may be divided among no more than 10 interstate account numbers, and will start anew be applied against Customer's Total Service Charges incurred for interstate and continue international services. If Customer's interstate and international Total Service Charges for a such monthly billing period of 36 months. Commencing on are less than the 18th Amendment Effective Datecredit, the Schedule F Term excess amount of such credit will start anew be applied to Customer's interstate and continue for international Total Service Charges in the next consecutive monthly billing period(s) until the full credit amount has been applied. One-Time Credit: Customer will receive a period credit equal to $400,000.00 plus applicable Taxes and Governmental Charges ("One Time Credit), which will be applied against Customer's Total Service Charges in April of 12 months2017. Upon expiration Notwithstanding any other provision to the contrary in the Agreement, the application of the Schedule F TermOne-time Credit does not reduce the Total Service Charges calculated under the Agreement. Customer must designate, in writing, within 30 calendar days from execution of this contract, where credits are to be applied in full, or Company may elect to apply the credit to the oldest Customer balances. The credit may be divided among no more than 10 Interstate account numbers, and will be applied against Customer's Total Service Charges incurred for interstate and international services. If Customer's interstate and international Total Service Charges for such monthly billing period are less than the credit, the Schedule F Term excess amount of such credit will be automatically extended on applied to Customer's interstate and international Total Service Charges in the next consecutive monthly billing period(s) until the full credit amount has been applied. Customer will receive a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end credit of the Initial Term (“Extended Term”)$400,000 which will be applied against Customer’s Total Service Charges in June of 2017.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: VERIZON BUSINESS SERVICES 90 DAY SATISFACTION GUARANTEE OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 55218400 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $65,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAVIER-DIGITAL T1 ACCESS OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 55235200 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).. During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $3,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. Discounts:

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25100% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25100% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 2550% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Credits: Usage Credits. Customer will receive two credits each equal to $35,000 to be applied in the 6th, and 18th month of the Term, applied against Customer's designated Service Charges incurred for Interstate Services Waiver: Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for ECR Service, usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Network Connection Waiver. The Company will waive the monthly recurring Network Connection Charge. Paper Media Charge Waiver. The Company will waive the paper media charge. Promotions: LD VOICE – INTERSTATE I-30 PROMOTION (2 YEAR TERM) OPTION NO 137680 54268500 (rev. Jan 10May 07, Amendment 182) Term and Renewal Options: The "Initial Term: 36 months Commencing " begins on the 2nd Effective Date and ends upon the completion of thirty-six (36) months following the Second Amendment Effective Date, . Customer shall have the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon right upon written notice not later than thirty (30) days prior to expiration of the Schedule F Initial Term (or the first Extended Period, as applicable) to extend the Agreement and some or all of the Services hereunder for two (2) additional six (6) month periods (each an “Extended Period”, and collectively, the “Extended Term”; together with the Initial Term, the Schedule F “Term”) at the rates, fees and charges applicable to Customer hereunder. Service-specific terms are set forth in the Service Attachments. Any service-specific term commitments that extend beyond the Term will be automatically extended on a monthcontinue after the end of the Term, and commitments made during the Term survive the Agreement. The terms of this Agreement will continue to apply during such service-to-month basis unless either party terminates specific terms that extend beyond the Term. Notwithstanding anything in this Agreement to the contrary, Customer may terminate this Agreement upon at least sixty (60) days prior written notice prior without liability to the end of the Initial Company for any Underutilization Charges or Early Termination Charges upon Customer expending Twenty Million Dollars ($20,000,000.00) in Total Service Charges during this Agreement’s Term (the Extended TermTotal Term Commitment”); provided, however, that in the event of termination in accordance with the foregoing, Customer shall pay, within thirty (30) days after such termination, all accrued but unpaid charges incurred through the date of such termination.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, the Customer's Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and the Customer's Total Service Charges during that the Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by the Customer. OPTION NO 137680 If during the Term Extension, Customer’s Total Service Charges do not meet or exceed the TEVC, then Customer shall pay: (reva) all accrued but unpaid charges incurred under the Agreement, and (b) an “Underutilization Charge” in an amount equal to the difference between the TEVC and Customer’s Total Service Charges during the Term Extension. Jan 10, Amendment 18If: (a) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term will be automatically extended on a month-to-month basis unless either party Customer terminates the this Agreement upon at least sixty (60) days written notice prior to before the end of the Initial Term Extension, for reasons other than Cause; or (“Extended Term”).b) Company terminates this Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to the unsatisfied TEVC remaining during the Term Extension, plus (iii) a pro rata portion of any and all credits received by Customer. Credits:

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK 2004 (FUND OPTION) VERIZON BUSINESS SERVICES BILLING GUARANTEE ON THE NETWORK IV LIT BUILDING ACCESS PROMOTION INTRALATA PIC FEE CREDIT PROMOTION INTERLATA LONG DISTANCE PIC FEE CREDIT PROMOTION LD VOICE-INTERSTATE 1-30 PROMOTION (1 YEAR TERM) OPTION NO 137680 NO. 54735502 (rev. Jan July 10, Amendment 183) Initial Term: 36 months Commencing on following the 2nd Amendment Effective Date, expiration of the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Ramp Period Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. IfIf Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of reach the AVC then in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) pay an amount “Early Termination Charge” equal to 25% of the difference between 1/12 of the unmet AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Credits: Usage Credits: Customer will receive two credits, each equal to $3,600, applied against Customer's Total Service Charges incurred for Interstate and International Services mutually agreed upon by the Customer and the Company. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 54092002 Term: 36 12 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).. During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $36,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Discounts:

Appears in 1 contract

Samples: enterprise.verizon.com

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Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 55025703 REV Nov 13 Contract Correction Letter 1 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $400,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK 2004 (FUND OPTION) COMPANY BUSINESS SERVICES BILLING GUARANTEE ON THE NETWORK IV LIT BUILDING ACCESS PROMOTION INTRALATA PIC FEE CREDIT PROMOTION INTERLATA LONG DISTANCE PIC FEE CREDIT PROMOTION LD VOICE-INTERSTATE 1-30 PROMOTION (1 YEAR TERM) OPTION NO 137680 NO. 54735502 (rev. Jan July 10, Amendment 183) Initial Term: 36 months Commencing on following the 2nd Amendment Effective Date, expiration of the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Ramp Period Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. IfIf Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of reach the AVC then in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) pay an amount “Early Termination Charge” equal to 25% of the difference between 1/12 of the unmet AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 54740605 (rev. Jan 10May 07, Amendment 181) Initial Term: 36 24 months Commencing following the expiration of the Ramp Period The Ramp Period shall begin on the 2nd Amendment Effective Date, the Schedule F Term will start anew Date and continue for a period of 36 monthsthree (3) months following the Effective Date. Commencing on with the 18th Amendment Effective DateDate and at all times during the Ramp Period thereafter, Customer will receive the Schedule F Term rates, discounts, charges and credits set forth herein and will start anew and continue for a period of 12 monthsnot be subject to the AVC. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $60,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes (defined above); (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. Commencing on the First Amendment Effective Date, the Customer’s minimum AVC will be $95,000 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year If during the Initial Term, the Customer's ’s Total Service Charges do not meet or exceed the AVCTVC, then Customer shall pay as its sole liability for failure to meet the TVC during the Initial Term: (a) all accrued but unpaid charges (except for Disputed amounts) incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25%) of the difference between the TVC and Customer’s Total Service Charges during the Initial Term. In addition, if during the First Extended Term, Customer’s Total Service Charges do not meet or exceed the Extended Term Volume Commitment, then Customer shall pay: (a) all accrued but unpaid charges under this Agreement; and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25%) of the difference between the Extended Term Volume Commitment and Customer’s Total Service Charges during the First Extended Term. If during the Second Extended Term, Customer’s Total Service Charges do not meet or exceed the Extended Term Volume Commitment, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25% %) of the difference between the AVC Second Extended Term Volume Commitment and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Second Extended Term”).

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term, Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, pay within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) termination an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, Term plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 Credits: Recurring Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credits ranging from 25% to 29% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (revplus equipment charges), excluding charges for intrastate telecommunications service. Jan 10This credit will be reflected on Customer’s invoice, Amendment 18adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) Initial Term– excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied Payment Arrangements: 36 months Commencing Except as otherwise set forth in a Service Attachment, Customer agrees to pay all the Company charges (except Disputed amounts, as defined below) within 60 days of Customer’s receipt of the invoice. Payments must be made at the address designated on the 2nd Amendment Effective Date, invoice or other such place as the Schedule F Term will start anew and continue for a period of 36 monthsCompany may designate. Commencing Amounts not paid or Disputed on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration or before thirty (30) days from Customer’s receipt of the Schedule F Terminvoice shall be considered past due, the Schedule F Term will be automatically extended on and Customer agrees to pay a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior late payment charge equal to the end of lesser of: (a) 1.5% per month, or (b) the Initial Term amount indicated in a Service Attachment, or (“Extended Term”).c) the maximum amount allowed by applicable law, as applied against the past due amounts. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v 5.0

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 54282302 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $80,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVCAVC in any Contract Year during the Initial Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and unmet AVC. If Customer's Total Service Charges during that Contract Year. If do not reach the AVC in any monthly billing period Contract Year during the Extended Term, Term because the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then Agreement is terminated early by the Customer without Cause or by Company with Cause, Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) pay an amount “Early Termination Charge” equal to 25% of the difference between 1/12 of the unmet AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Install Waiver – Digital T1 Access OPTION NO 137680 (revNO. Jan 10, Amendment 18) 163235 Initial Term: 36 32 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following in Total Service Charges during each Contract Year (“the AVC”): Contract Year 1: $400,000 Contract Year 2: $400,000 Partial Contract Year 3: $276,000 Total Service Charges means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Rates and Charges: Data: Access: In lieu of any other rates and discounts, the Customer will pay a fixed monthly recurring local loop charge of $300 for DS1 Access Service. In lieu of any other rates and discounts, the Customer will pay a fixed monthly recurring charge of $300 for DS3 M13 Functionality. In lieu of any other rates and discounts, the Customer will pay monthly recurring Network Connection Charges ranging from $0.00 to $825.00 for DS0, DS1 and DS3 Access Service. In lieu of any other rates and discounts, the Customer will pay fixed monthly recurring per-circuit local loop charges ranging from $100 to $500 for DS1 and DS3 Access circuits at 16 CLLI codes mutually agreed upon by the Customer and the Company. The Customer must maintain DS3 Access Service in a Company lit building at 1 CLLI codes mutually agreed upon by the Customer and the Company. If Customer fails to maintain DS3 Access Service at the Company lit building, the Company reserves the right to charge the Customer standard rates for DS3 Access Service. Private Line TDS 1.5: In lieu of any other rates or discounts, the Customer will pay $1.20 per TDS 1.5 mile. A $350 minimum circuit charge applies.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. IfIf Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of reach the AVC then in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) pay an amount “Early Termination Charge” equal to 25% of the difference between 1/12 of the unmet AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. Payment Arrangements: Except as otherwise set forth in a Service Attachment, Xxxxxxxx agrees to pay all Company charges (except Disputed amounts, as defined below) within thirty (30) days of Customer’s receipt of the invoice. Payments must be made at the address designated on the invoice or other such place as Company may designate. Amounts not paid or Disputed on or before thirty (30) days from Customer’s receipt of the invoice shall be considered past due, and Customer agrees to pay a late payment charge equal to the lesser of: (a) one-half percent (1.5%) per month, or (b) the amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law, as applied against the past due amounts. OPTION NO 137680 53752100 (rev. Jan 10May 07, Amendment 182) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $12,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. During each monthly billing period of the Extended Term, Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Commencing on the Second Amendment Effective Date, the Customer’s minimum AVC will be $120,000 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year If during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVCTVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 2575% of the difference between the AVC TVC and Customer's Total Service Charges during that Contract Yearthe Initial Term. If If, in any monthly billing period during the Extended Term, the Customer’s 's Total Service Charges do not meet or exceed 1/12 1/36th of the AVC TVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an amount "Underutilization Charge" equal to 2575% of the difference between 1/12 1/36th of the AVC TVC and the Customer’s 's Total Service Charges during such monthly billing period. If If: (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause pursuant to the Section entitled “Termination,” then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTVC remaining, plus (iii) a pro rata portion of any and all credits received by CustomerCustomer (other than billing adjustment credits, if any, refunds for overcharges or credits, or reimbursements for service level failures). OPTION NO 137680 (rev. Jan 10, Option: 101863403 Rev Feb 13 Amendment 18) 1 Company Name: PDT PARTNERS Contract ID of Main/Original Agreement: 101863403 Contract ID of Amendment: A0820703 Amendment Number: 2 Customer Signature Date of Main Agreement: 12/27/2012 Customer Signature Date of Amendment: 04/02/2013 Type of Agreement: WSA Date: 04/05/2013 Drafter’s Name: Xxxxx Xxxxxx Initial Term: 36 12 months Commencing These Global Terms are binding on Customer Signatory upon the Commencement Date and on the 2nd Amendment Effective DateCompany Signatory upon its execution of these Global Terms and shall continue in force for the Global Agreement Period of one (1) year, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term will be automatically extended thereafter on a month-to-month basis basis, unless either party terminates and until terminated in accordance with the Agreement upon at least sixty (60) days written notice prior Termination and Suspension clause below. Annual Volume Commitment: Customer agrees to pay Company no less than $240,000 in Contributing Charges in each Contract Year, which is the end of annual volume commitment or “AVC” Customer will pay Company $240,000 in Contributing Charges in each Contract Year, which is the Initial Term (Extended Term”)AVC” for 1 Contract Year.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (revCredits. Jan 10One-Time Credits: Customer will receive two credits each equal to $3,500 applied against Customer's designated Service Charges incurred for Interstate Services and International Services and any other services mutually agreed upon by the Customer and the Company. Customer will receive a credit equal to $25,254.90 to be applied against Customer's designated Service Charges incurred for Interstate Services and International Services. Recurring Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 30% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew Operator Service Charges and continue for a period of 36 monthsDirectory Assistance. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration The resulting dollar amount of the Schedule F Term, the Schedule F Term credit will be automatically extended applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on a month-to-month basis unless either party terminates Customer’s invoice, adjustment memo or other billing document within two billing cycles after the Agreement upon at least sixty billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (60plus equipment charges) days written notice prior – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to the end of the Initial Term (“Extended Term”)be applied.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 (revCredits. Jan 10One-Time Credits: The Customer will receive a $20,000 credit applied against ALL Customer’s Service Charges incurred for Interstate and International Services and any other Services agreed upon by the Customer and the Company. Customer will receive two credits each equal to $3,500 applied against Customer's designated Service Charges incurred for Interstate Services and International Services and any other services mutually agreed upon by the Customer and the Company. The Customer will receive a $80,000 credit applied against ALL Customer’s Service Charges incurred for Interstate and International Services and any other Services agreed upon by the Customer and the Company. Recurring Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 30% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew Operator Service Charges and continue for a period of 36 monthsDirectory Assistance. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration The resulting dollar amount of the Schedule F Term, the Schedule F Term credit will be automatically extended applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on a month-to-month basis unless either party terminates Customer’s invoice, adjustment memo or other billing document within two billing cycles after the Agreement upon at least sixty billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (60plus equipment charges) days written notice prior – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to the end of the Initial Term (“Extended Term”)be applied. Waivers.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the this Agreement for Cause then the Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date off of such termination, plus (ii) an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the termTerm, plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: COMPANY BUSINESS SERVICES 90 DAY SATISFACTION GUARANTEE OPTION NO 137680 (rev. Jan 10, Amendment 18) Initial 55218400 Term: 36 months Commencing on the 2nd Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $65,000.00 in Total Service Charges Total Service Charges” means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, specifically excluding: (a) Taxes; (b) charges for equipment (unless otherwise expressly stated herein); (c) charges for Company ILEC services (d) Company Wireless charges, (e) charges incurred for goods or services where Company acts as agent for Customer in its acquisition of goods or services; (f) non-recurring charges; (g) Governmental Charges; (h) international pass-through access charges (i.e., Type 3/PTT) and charges for international access provided by Company (i.e., Type 1); and (i) other charges expressly excluded by this Agreement.

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Term, If Customer's Total Service Charges do not meet or exceed reach the AVC, then in any contract year during the Initial Term; Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Yearunmet AVC. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall payIf: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this the Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, pay within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) termination an amount equal to 25% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the term, Term plus (iii) a pro rata portion of any and all credits received by Customer. OPTION NO 137680 Credits: Recurring Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credits ranging from 25% to 29% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (revplus equipment charges), excluding charges for intrastate telecommunications service. Jan 10This credit will be reflected on Customer’s invoice, Amendment 18adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) Initial Term– excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied Payment Arrangements: 36 months Commencing Except as otherwise set forth in a Service Attachment, Customer agrees to pay all the Company charges (except Disputed amounts, as defined below) within 60 days of Customer’s receipt of the invoice. Payments must be made at the address designated on the 2nd Amendment Effective Date, invoice or other such place as the Schedule F Term will start anew and continue for a period of 36 monthsCompany may designate. Commencing Amounts not paid or Disputed on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration or before thirty (30) days from Customer’s receipt of the Schedule F Terminvoice shall be considered past due, the Schedule F Term will be automatically extended on and Customer agrees to pay a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior late payment charge equal to the end of lesser of: (a) 1.5% per month, or (b) the Initial Term amount indicated in a Service Attachment, or (“Extended Term”).c) the maximum amount allowed by applicable law, as applied against the past due amounts. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v 5.0

Appears in 1 contract

Samples: enterprise.verizon.com

Underutilization and Termination with Liability. If, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that such Contract Year. If in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an amount “Underutilization Charge” equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before during the end of the Initial Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 2550% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the term, unexpired portion of the Initial Term on the date of such termination plus (iiiii) a pro rata portion of any and all installation waive credits, sign-up credits, or up front credits received by Customerprovided to Customer under this Agreement. OPTION NO 137680 (rev. Jan 10Credit(s): One-Time Credit: Provided that Customer executes and delivers the Agreement to Company no later than an agreed upon date, Amendment 18) Initial Term: 36 months Commencing on the 2nd Amendment Effective DateCustomer shall receive a credit equal to $5,000, the Schedule F Term will start anew and continue for a period of 36 months. Commencing on the 18th Amendment Effective Date, the Schedule F Term will start anew and continue for a period of 12 months. Upon expiration of the Schedule F Term, the Schedule F Term which will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”).applied against Customer's Interstate Total Service Charges. Waiver(s):

Appears in 1 contract

Samples: enterprise.verizon.com

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