Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (rev. Aug 12, Amendment 30) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety (90) days written notice prior to the end of the Initial Term (“Extended Term”).

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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 – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – 2004 (7% INVOICE CREDITCREDIT OFFER) OPTION NO 154131 535523100 (rev. Aug 12Apr. 07, Amendment 301) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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”): Contract Year AVC 1 $21,000 2 $120,000 3 $120,000 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.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. In addition, if, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed the Extended Term Volume Commitment, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” equal to 25% of the difference between the Extended Term Volume Commitment and the Customer’s Total Service Charges during such monthly billing period. If the Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK – MONTHLY Waiver(s): The Company will waive the installations charges associated with Domestic Frame Relay circuits. OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (revNO. Aug 1255609501, Amendment 30) Initial 1 Term: 36 24 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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”): $6,000 in Total Service Charges

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach meet or exceed the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 2575% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by Customer. Credit: One Time Credit: Customer will receive two credits, each equal to $9,000.00, 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. Promotions: REGIONAL CHECKBOOK – MONTHLY The Customer is eligible for the following promotions as set forth in the Guide: Checkbook 2004 (Fund Option) On the Network V Cross Connect Promotion On the Network V Lit Building Access Promotion Conferencing Super Saver Promotion OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – NO. 53308102 (7% INVOICE CREDIT) OPTION NO 154131 (rev. Aug 12rev Oct 08, Amendment 306) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the The Customer elects to may extend the Term of the Agreement for the second one year Extended Term. After the end an additional period of the Term, the Term may be extended for two 12 months (2) additional one year periods (each an “Extended Term”), provided Customer provides ) upon written notice to the Company of its intent to extend the Term Agreement at least thirty (30) days 60 day prior to the end of the Extended Term and the other provides written acceptance within 30 days of receiving such extension request. At the end of the Initial Term, the Extended Term or then-current the Additional Extended Term, as the case may be. Upon expiration of the Term, the Agreement will shall be automatically extended on a month-to-month basis unless until either party terminates the Agreement it upon at least ninety (90) 30 days prior written notice prior to the end of the Initial Term (“Extended Month to Month Term”). Term Volume Commitment (“TVC”): The Customer agrees to pay the Company no less than $1,800,000.00 in Total Service Charges during the Term. The Customer will pay a minimum monthly recurring charge of $3,221.63 the OC-3 Minimum for Metro Private Line Service.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 25% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER-DIGTAL T1 ACCESS INSTALL WAVIER-DOMESTIC PRIVATE LINE ON THE NETWORK V LIT BUILDING ACCESS PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 44013305 (rev. Aug 12Apr. 08, Amendment 303) Initial Term: 36 months Commencing on months, following the 21st Amendment Effective Date, the Customer elects to extend the Term expiration of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Ramp Period Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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. Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of 24 months.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 25% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 52058302 (rev. Aug 12May 08, Amendment 307) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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”): $370,000.00 During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. During each “Contract Year” (as defined below) commencing on the 6th Amendment Effective Date, Customer agrees to pay Company no less than the following amounts in Total Service Charges during each Contract Year (each, the “AVC”): Contract Year 1: $370,000 Contract Year 2: $370,000 Contract Year 3: $730,000

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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. PromotionsPromotion: REGIONAL CHECKBOOK – MONTHLY The Customer is eligible for the following promotion as set forth in the Guide: INSTALL WAIVER- DIGITAL T1 ACCESS PROMOTION OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (revNO. Aug 12, Amendment 30) Initial 56019603 Term: 36 24 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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 in Total Service Charges 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.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 25% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 3 PLUS YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) GENERAL INSTALLATION WAIVER PROMOTION –V3.0 OPTION NO 154131 (revNO. Aug 1261689700, Amendment 30) 1 Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) 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. Annual Volume Commitment (“AVC”): $7,500.00 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 $4,500.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25100% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 25100% of the unmet unsatisfied AVC remaining during the year of 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. PromotionsCredit: REGIONAL CHECKBOOK – MONTHLY One Time Credit: Customer will receive three credits each equal to $20,000 applied against Customer's designated Service Charges incurred for Interstate and International Services and any other services mutually agreed upon by the Customer and the Company. Customer will receive two credits each equal to $15,000 applied against Customer's interstate and international Services. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 N O 54013105 (rev. Aug 12Jul 09, Amendment 301) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may bemonths. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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”): $600,000.00 in Total Service Charges. 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 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $300,000 in Total Service Charges.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay an “"Underutilization Charge” " equal to 25% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – MONTHLY OPTION Digital T1 Access Install Waiver – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION Domestic Frame Relay Install Waiver – (7% INVOICE CREDIT) Domestic Private Line OPTION NO 154131 155608 (rev. Aug 12Dec 09, Amendment 307) Initial Term: 36 35 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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. The “Initial Term” begins on the 7th Amendment Effective Date and ends on January 31, 2011. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 in Total Service Charges during each contract year. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, AVC in any Contract Year during the Initial Term, Customer shall pay pay: an “"Underutilization Charge” " equal to 2550% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by the Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Monitoring Conditions: Customer cannot have more than thirty (30) individual CLLI codes at the flat rate price of $300.00. If Customer fails to satisfy this condition, then Company reserves the right to charge Customer, and Customer agrees to pay standard list rates for each additional CLLI code. Promotions: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER-DIGITAL T1 ACCESS PROMOTION – DATA CENTER COLOCATION ACCESS PROMOTION 1 (7% INVOICE CREDITSAME BUILDING) OPTION NO 154131 NO: 58982500 (rev. Aug 12June 09, Amendment 301) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) 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. Annual Volume Commitment (“AVC”): $6,000.00 in Total Service Charges (“AVC”) during each contract year of the Term.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (revNO. Aug 1252660501, Amendment 30) Initial Term4 Term : 36 24 months Commencing on following the 21st Amendment Effective Date, the Customer elects to extend the Term expiration of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Ramp Period Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any Contract Year during the Initial Term, Customer shall pay an “Underutilization Charge” equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because during the Agreement is terminated early by Customer without Cause or by the Company with CauseInitial Term, Customer shall pay pay: an “Early Termination "Underutilization Charge” " equal to 2575% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause pursuant to the Section entitled “Termination; Disconnection Notice,” then Customer will pay, within thirty (30) days after termination; (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the unsatisfied AVC remaining in the Term, plus 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 – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION LD VOICE – (7% INVOICE CREDIT) INBOUND STIMULUS PROMOTION LD VOICE – OUTBOUND STIMULUS PROMOTION GENERAL INSTALLATION WAIVER PROMOTION –V4.0 OPTION NO 154131 (revNO. Aug 12, Amendment 30) 63240614 Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) 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. Annual Volume Commitment (“AVC”): $600,000.00 in Total Service Charges (“AVC”) during each contract year of the Term.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 NO. 54824503 (rev. Aug 12Sep 15, Amendment 3012) Initial Term: 36 months following the expiration of the Ramp Period. Commencing on the 21st 5th Amendment Effective Date, the Customer elects to extend Term will start anew and continue for a period of 36 months. Commencing on the Term of the Agreement for the second one year Extended Term. After the end of the Term12th Amendment Effective Date, the Term may be extended will start anew and continue for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice a period of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 NO. 168658 (rev. Aug 12Dec 13, Amendment 3023) Initial Term: 36 12 months Commencing on the 21st 2nd Amendment Effective Date, the Customer elects to extend Term will be extended for a period of 24 months following the Term expiration of the Agreement for the second one year Extended Initial Term. After Commencing on the end of the Term5th Amendment Effective Date, the Term may be extended will start anew and continue for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice a period of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety thirty (9030) 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 thirty (30) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $150,000 in Total Service Charges (“AVC”) during each contract year of the Term. Annual Volume Commitment: Customer agrees to pay Company no less than $1,800,000 in Total Service Charges in each twelve-month period following the 19th Amendment Effective Date (“Contract Year”)., which is the Annual Volume Commitment (“AVC”). Commencing on the 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,500,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 2575% of the unmet AVC. If (a) Customer’s Total Service Charges do not reach terminates the agreement before the end of the Term for reasons other than Cause or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and amount equal to 75%of the unsatisfied AVC in any remaining during the year of termination and for each subsequent Contract Year because remaining in the Agreement is terminated early by Customer without Cause or by the Company with CauseTerm, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: RVP Checkbook – MONTHLY OPTION Monthly Option V2.0 (3-5 Year Term) Tier A Flat Rate Access Promotion (New/Renewing Customers) Tier B Flat Rate Access Promotion (New/Renewing Customers) LD Voice – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION Outbound Stimulus Promotion General Installation Waiver Promotion – (7% INVOICE CREDIT) OPTION NO 154131 (revV5.0 Option No. Aug 12679173-02, Amendment 30) Apr 13, Contract Correction Letter Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $500,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”).

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (revNO. Aug 1252660501, Amendment 30) Initial 4 Term: 36 24 months Commencing on following the 21st Amendment Effective Date, the Customer elects to extend the Term expiration of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Ramp Period Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 2575% of the unmet AVC. If (a) Customer’s Total Service Charges do not reach terminates the agreement before the end of the Term for reasons other than Cause or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination: (i) and amount equal to 75%of the unsatisfied AVC in any remaining during the year of termination and for each subsequent Contract Year because remaining in the Agreement is terminated early by Customer without Cause or by the Company with CauseTerm, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: Tier A Flat Rate Access Promotion (New/Renewing Customers) Tier B Flat Rate Access Promotion (New/Renewing Customers Regional Checkbook - Monthly Option - V2.0 (3-5 Year Term) LD Voice - Outbound Attack Promotion LD Voice - Inbound Attack Promotion Conferencing Audio Attack Promo ($60,000 – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT$119,999 AVC) OPTION NO 154131 (rev. Aug 12, Option: 697803 Rev Mar 16 Amendment 30) 1 Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) 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. The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $240,000 in Total Service Charges (“AVC”) during each contract year of the Term.

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 NO. 168658 (rev. Aug 12Oct 11, Amendment 3017) Initial Term: 36 12 months Commencing on the 21st 2nd Amendment Effective Date, the Customer elects to extend Term will be extended for a period of 24 months following the Term expiration of the Agreement for the second one year Extended Initial Term. After Commencing on the end of the Term5th Amendment Effective Date, the Term may be extended will start anew and continue for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice a period of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety thirty (9030) 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 thirty (30) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $150,000 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $1,500,000 in Total Service Charges, or a pro rata portion thereof for any partial contract year.

Underutilization and Termination with Liability. If If, during the Initial Term, Customer's Total Service Charges do not reach 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 any Contract Year an amount equal to 50% of the difference between the TVC and Customer's Total Service Charges during the Initial Term. If: (a) Customer terminates this Agreement before the end of the Initial Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination: Disconnection Notice,” then Customer will pay, Customer shall pay within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an “Underutilization Charge” amount equal to 2550% of the unmet AVC. If Customer’s Total Service Charges do not reach TVC remaining on the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Causedate of such termination, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus (iii) a pro rata portion of any and all credits received by Customer. Promotions: REGIONAL CHECKBOOK The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – MONTHLY v 5.0 OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 (rev. Aug 12, Amendment 30) NO: 768952701 Initial Term: 36 24 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least ninety sixty (9060) days written notice prior to the end of the Initial Term (“Extended Term”). Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $40,000 in Total Service Charges in each twelve month period during the Initial Term (“Contract Year”) which is the annual volume commitment (“AVC”).

Underutilization and Termination with Liability. If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC, in any Contract Year during the Initial Term, then Customer shall pay pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the unmet AVC. If difference between the AVC and Customer’s 's Total Service Charges do not reach during that Contract Year. If: (a) Customer terminates this Agreement before the AVC in any Contract Year because end of the Term for reasons other than Cause; or (b) Company terminates this Agreement is terminated early by for Cause then Customer without Cause or by will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Company with Causedate of such termination, Customer shall pay plus (ii) an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of 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: REGIONAL CHECKBOOK – MONTHLY OPTION – 2 YEARS NEW CUSTOMER INCENTIVE PROMOTION – (7% INVOICE CREDIT) OPTION NO 154131 NO. 54253904, (rev. Aug 12May 08, Amendment 302) Initial Term: 36 months Commencing on the 21st Amendment Effective Date, the Customer elects to extend the Term of the Agreement for the second one year Extended Term. After the end of the Term, the Term may be extended for two (2) additional one year periods (each an “Extended Term”), provided Customer provides written notice of its intent to extend the Term at least thirty (30) days prior to the end of the Term or then-current Extended Term, as the case may be. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least ninety sixty (9060) 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 $84,000.00 in Total Service Charges during each Contract Year. During each monthly billing period of the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVC. Commencing on the 2nd Amendment Effective Date and for the remainder of the Term, Xxxxxxxx’s new AVC will be as follows in Total Service Charges, or a pro rata portion thereof for any partial contract year: Contract Year 1 - $84,000 Contract Year 2 - $152,000 Contract Year 3 - $200,000