Common use of Underutilization and Termination with Liability Clause in Contracts

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term; Customer shall pay an "Underutilization Charge" equal to 25% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by Company 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: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 Amendment 13) Initial Term: 35 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates 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. 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. Commencing on the 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 in Total Service Charges. 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 ’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 ’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by Company Verizon with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC for the year of termination and each subsequent Contract Year remaining in the Initial Term plus a pro rata portion of any credits received by Customer. PromotionsEarly Termination Charges: The If Customer is eligible cancels or terminates any Service under this Agreement in whole or in part prior to December 31, 2010, Customer shall pay to Verizon a termination charge equal to the applicable monthly rate for the following promotions as set forth terminated Service multiplied by the number of months remaining in the Guideunexpired portion of the Initial Term, plus any waived NRC, in addition to any amounts owed for service already received. Any such termination liability charge shall be due and payable in one lump sum within thirty (30) days of billing. OPTION NO: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 57072104 (rev. Nov 13 July 12, Amendment 134) Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this the Agreement upon at least sixty (60) days prior written notice. The “Commencing upon the expiration of the Initial Term” begins on , the 7th Amendment Effective Date Initial Term will start anew and ends on January 31, 2011continue for a period of 36 months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 1,000,000.00 in Total Service Charges (“AVC”) during each contract yearyear of the Term. Commencing on the 13th 4th Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $560,000 in Total Service Charges. During each monthly billing period of 800,000 for the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCexisting Contract Year and all subsequent Contract Years.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term; Customer shall pay 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 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 2575% 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: On the Network V Cross Connect Verizon Bus Services 90 Day Satisfaction Guarantee Verizon Business Services Install Guarantee Regional Checkbook – Monthly Option – 3 Plus Years General Installation Waiver Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line V3.0 OPTION NO 155608 (rev. Nov 13 NO: 64979703, Sept ’14, Amendment 13) 7 Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Extended Term: Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this Agreement upon at least sixty (60) days prior written notice. The “Initial Term” begins Commencing on the 7th Amendment Effective Date Date, the Term will start anew and ends on January 31, 2011continue for a period of 36 months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 500,000 in Total Service Charges in each twelve-month period during each contract yearthe Initial Term (“AVC”). Commencing on As of the 13th 7th Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be is $560,000 in Total Service Charges. During each monthly billing period of 730,000 for the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCcurrent contract year and any subsequent contract year(s).

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term; , Customer shall pay pay: an "Underutilization Charge" equal to 2575% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause Cause; or by Company with for Cause, Customer shall pay an “Early Termination Charge” equal to 2575% 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: On the Network V Cross Connect Promotion Install Waiver Option 64980504 – Digital T1 Access Install Waiver (Rev. Apr 15 – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 Amendment 135) Initial Term: 35 12 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this Agreement upon at least sixty (60) days prior written notice. The “Initial Term” begins Commencing on the 7th 1st Amendment Effective Date Date, the Term will start anew and ends continue for a period of 24 months. Commencing on January 31the 1st Amendment Effective Date, 2011the Term will start anew and continue for a period of 24 months. Commencing on the 5h Amendment Effective Date, the Initial Term shall start anew and continue for twelve (12) months. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 60,000 in Total Service Charges in each twelve-month period during each contract yearthe Initial Term (“Contract Year”). Commencing on the 13th 5th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 925,000 in Total Service Charges. 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 contract year during the Initial Term; Customer shall pay an "“Underutilization Charge" ” equal to 2575% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Company Business Services Install Guarantee General Installation Waiver Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 v5.0 Option: 339997, Jun 14, Amendment 13) 9 Initial Term: 35 30 months Commencing on Upon mutual agreement of the 13th Amendment Effective Dateparties, Customer may extend the Term will start anew of this Agreement for up to two separate and continue for a period additional renewal periods of 36 months12 months (each, an “Extension Term”). In each instance, Customer must give Company notice of its intent to extend the Term no less than 60 days prior to the end of the Initial Term or the first Extension Term, if applicable and thereafter obtain Company’s agreement to such extension. Upon expiration the completion of the Initial Term or an Extension Term, if applicable, the Agreement will be is automatically extended on a month-to-month basis unless until either party terminates this Agreement it 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) 60 days prior written notice. The “Initial terms of this Agreement will continue to apply during any service-specific commitments that extend beyond the Term” begins on the 7th Amendment Effective Date and ends on January 31, 2011. Minimum Annual Volume Commitment (“AVCMVC”): Customer agrees to pay Company no less than $560,000.00 11,400,000.00 in Total Service Charges during each contract year. Commencing on for Monthly Periods 1-12 following the 13th Amendment Effective Date, no less than $9,400,000.00 in Total Service Charges for Monthly Periods 13-24 following the Effective Date and no less than $4,700,000.00 in Total Service Charges for Monthly Periods 25-30 following the remainder Effective Date. In the event the Parties elect to exercise the Extension Term(s), then Customer agrees to pay Company no less than $9,400,000.00 in Total Service Charges for each of the TermExtension Terms. In the event this Agreement goes into month to month status, Customer’s new AVC will be Xxxxxxxx agrees to pay Company no less than $560,000 783,333.00 per month in Total Service Charges. 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 contract year during the Initial Term; Customer shall 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 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 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time Credits: Customer will receive a credit of $5,000 which will be applied against Customer’s Total Service Charges Achievement Credit: If at the end of any Contract Year, Customer's Total Service Charges (excluding Company internationally billed services) equal one of the levels specified below, Customer shall receive one of the following corresponding achievement credits (Achievement Credit"). The Achievement Credit will be issued via an amendment to the Agreement. The Achievement Credit, plus applicable Taxes and Governmental Charges, will be applied against Customers interstate and international Total Service Charges. . Contract Year Service Charges Achievement Credit Amount $1,000,000.00+ $30,000.00 Promotions: The Customer is eligible for the following promotions as set forth in the Guide: LD Inbound Combined Feature Package V2.0 General Installation Waiver Promotion –V5.0 On the Network V Cross Connect Promotion Install Waiver V2.0 Checkbook – Digital T1 Access Install Waiver Single Credit Option LD Voice – Domestic Frame Relay Install Waiver Inbound Stimulus Promotion LD Voice – Domestic Private Line OPTION NO 155608 (rev. Nov 13 Amendment 13) Outbound Stimulus Promotion Option: 67465802 Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 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 $560,000.00 200,000 in Total Service Charges (“AVC”) during each contract year. Commencing on the 13th Amendment Effective Date and for the remainder year of the Term, Customer’s new AVC will be $560,000 in Total Service Charges. 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 contract year during the Initial Term; Customer shall pay an "“Underutilization Charge" ” equal to 2575% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause then Customer without Cause or by Company with Cause, Customer shall will pay within 30 days after such termination an “Early Termination Charge” amount equal to 2575% of the unmet AVC Term plus a pro rata portion of any credits received by Customer. PromotionsCredit(s): Recurring Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 25% 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 Customer resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is eligible based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the following promotions as set forth monthly billing period in the Guidewhich that credit is to be applied. OPTION NO: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 Amendment 13) 66497703 Initial Term: 35 24 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Extended Term, the : The Agreement will be automatically extended (“Extended Term”) on a month-to-month basis upon the expiration of the Initial Term, unless either party terminates this has delivered written notice of its intent to terminate the Agreement upon at least sixty (60) 60 days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either Either party may terminate this Agreement during the Extended Term 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. Commencing on the 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 75,000.00 in Total Service Charges. 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 contract year during the Initial Term; Customer shall 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 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 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. PromotionsQualifying Conditions: The In order to be eligible to receive the Company service under this option, the Customer must satisfy the following requirements at the time of option enrollment: Customer must have used at least 60,000 minutes in audio Conferencing usage with all vendors combined in the calendar month immediately preceding the Effective Date. Customer is not eligible for the following promotions as set forth Custom U.S Audio Conferencing pricing in the GuideSchedule if they have used more than $5,000 in U.S Audio Conferencing with Company in the calendar month immediately preceding the Effective Date. Customer is not eligible for Custom U.S Video Conferencing pricing in the Schedule if they have used more than $5,000 in U.S Video Conferencing with Company in the calendar month immediately preceding the Effective Date. OPTION NO: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 62432300 (rev. Nov 13 Jan 11, Amendment 131) Initial Term: 35 24 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During The terms of the Extended Agreement will continue to apply during any service-specific commitments that extend beyond the 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 36,000 in Total Service Charges (“AVC”) during each contract yearyear of the Term. Commencing on the 13th 1st Amendment Effective Date and for the remainder of the Termcurrent contract year and any subsequent contract year(s), Customer’s new AVC will be $560,000 50,000 in Total Service Charges. 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 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; AVC, 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 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 will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Customer without Cause or by 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: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line INSTALL WAVIER-DOMESTIC PRIVATE LINE REGIONAL CHECKBOOK-MONTHLY OPTION- 2 YEARS OPTION NO 155608 536115 (rev. Nov 13 Apr. 07, Amendment 131) Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates 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. The “Initial Term” begins Ramp Period shall begin on the 7th Amendment Effective Date and ends on January 31continue for a period of six (6) months following the Effective Date. Commencing with the Effective Date and at all times during the Ramp Period thereafter, 2011Customer will receive the rates, discounts, charges and credits set forth herein and will not be subject to the AVC. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 600,000.00 in Total Service Charges during each contract year. Commencing on the 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 in 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 Verizon ILEC services (d) Verizon Wireless charges, (e) charges incurred for goods or services where Verizon 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 Verizon (i.e., Type 1); and (i) other charges expressly excluded by this Agreement. 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 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 or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver INSTALL WAIVER – Digital DIGITAL T1 Access Install Waiver ACCESS REGIONAL CHECKBOOK 2004 – Domestic Frame Relay Install Waiver 3 YEAR (CREDIT OPTION) INSTALL WAIVER – Domestic Private Line DOMESTIC PRIVATE LINE OPTION NO 155608 NO. 56025504 (rev. Nov 13 rev Jul 13, Amendment 137) Initial Term: 35 24 months Commencing on the 13th 4th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Commencing on the 5th Amendment Effective Date, the Initial Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates 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. 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 $560,000.00 850,000 in Total Service Charges (“AVC”) during each contract yearyear of the Term. Commencing on the 13th 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 1,000,000.00 in Total Service Charges, or a pro rata portion thereof for any partial contract year. During each monthly billing period Commencing on the 3rd Amendment Effective Date and for the remainder of the Extended Term, the Customer’s new AVC will be $1,200,000.00 in Total Service Charges must equal Charges, or exceed one-twelfth (1/12) of the AVCa 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; AVC, 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 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 will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Customer without Cause or by 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: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver INSTALL WAIVER – Digital DIGITIAL T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line ACCESS CONFERENCE SAVER PROMOTION OPTION NO 155608 132271 (rev. Nov 13 May ’14, Amendment 1320) Initial Term: 35 12 months Commencing on the 13th 3rd Amendment Effective Date, the Term will start anew and continue for a period of 12 months. Commencing on the 5th Amendment Effective Date, the Term will start anew and continue for a period of 12 months. Commencing on the 6th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Commencing on the 8th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Commencing on the 11th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this provides written notice to terminate Agreement upon at least sixty (60) 60 days written notice prior to the end of the Initial this 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 $560,000.00 240,000 in Total Service Charges during each contract year of the Initial Term. Commencing on the 5th Amendment Effective Date, Customer’s AVC will be $3,500,000 in Total Service Charges during each contract year, or a pro rata portion thereof for any partial contract year. Commencing on the 13th 6th Amendment Effective Date, Customer’s AVC requirement (set forth above) is replaced with a TVC requirement (set forth below): Commencing on the 6th Amendment Effective Date and for the remainder in lieu of the TermAVC commitment, Customer’s new AVC will be Customer agrees to pay Company $560,000 1,500,000 in Total Service ChargesCharges during the remaining 24 month Term (“TVC”). During each monthly billing period of the Extended TermTerm (if any), the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) 1/24th of the AVCTVC (“Extended Term Monthly Minimum”). Commencing on the 11th Amendment Effective Date and in lieu of the AVC commitment, Customer agrees to pay Company $12,000,000 in Total Service Charges during the Initial Term of the Agreement (“TVC”). During each monthly billing period of the Extended Term (if any), Customer’s Total Service Charges must equal or exceed 1/36th of the TVC. Commencing on the 14th Amendment Effective Date and in lieu of the AVC commitment, Customer agrees to pay Company $14,000,000 in Total Service Charges during the Initial Term of the Agreement (“TVC”).

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. PromotionsPayment 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. Promotion: The Customer is eligible for the following promotions promotion as set forth in the Guide: On CHECKBOOK-MONTHLY OPTION -3 PLUS YEARS OPTION NO. 156386, Amendment 2 Xxxx, Xxxxxxx Options: 18 months Customer has the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 Amendment 13) Initial Term: 35 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period option of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of extending the Initial Term for an additional six (6) months (“Extended Term”)) by providing Company with written notice at least thirty (30) days prior to the expiration of the Initial Term. Minimum Volume Commitment (“MVC”): $360,000.00 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. Commencing on the 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 in Total Service Charges. 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$180,000.00.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term; Customer shall pay an "“Underutilization Charge" ” equal to 2575% of the unmet AVC. If (a) Customer's Total Service Charges do not reach ’s 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 the Customer without Cause or by 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. PromotionsOption: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 68100506 Rev Feb 16 Amendment 13) 3 Initial Term: 35 36 months following the expiration of the Ramp Period. Commencing on the 13th 3rd Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this the Agreement upon at least sixty (60) days prior written notice. The “Initial terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the 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 $560,000.00 350,000 in Total Service Charges (“AVC”) during each contract year. year of the Term (following the expiration of the Ramp Period) Commencing on the 13th 3rd Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 535,000 in Total Service Charges. 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 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; AVC, 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 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 will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Customer without Cause or by 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: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver INSTALL WAIVER – Digital DIGITIAL T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line ACCESS CONFERENCE SAVER PROMOTION OPTION NO 155608 132271 (rev. Nov 13 11, Amendment 1315) Initial Term: 35 12 months Commencing on the 13th 3rd Amendment Effective Date, the Term will start anew and continue for a period of 12 months. Commencing on the 5th Amendment Effective Date, the Term will start anew and continue for a period of 12 months. Commencing on the 6th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Commencing on the 8th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Commencing on the 11th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this provides written notice to terminate Agreement upon at least sixty (60) 60 days written notice prior to the end of the Initial this 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 $560,000.00 240,000 in Total Service Charges during each contract year of the Initial Term. Commencing on the 5th Amendment Effective Date, Customer’s AVC will be $3,500,000 in Total Service Charges during each contract year, or a pro rata portion thereof for any partial contract year. Commencing on the 13th 6th Amendment Effective Date, Customer’s AVC requirement (set forth above) is replaced with a TVC requirement (set forth below): Commencing on the 6th Amendment Effective Date and for the remainder in lieu of the TermAVC commitment, Customer’s new AVC will be Customer agrees to pay Company $560,000 1,500,000 in Total Service ChargesCharges during the remaining 24 month Term (“TVC”). During each monthly billing period of the Extended TermTerm (if any), the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) 1/24th of the AVCTVC (“Extended Term Monthly Minimum”). Commencing on the 11th Amendment Effective Date and in lieu of the AVC commitment, Customer agrees to pay Company $12,000,000 in Total Service Charges during the Initial Term of the Agreement (“TVC”). During each monthly billing period of the Extended Term (if any), Customer’s Total Service Charges must equal or exceed 1/36th of the TVC. Commencing on the 14th Amendment Effective Date and in lieu of the AVC commitment, Customer agrees to pay Company $14,000,000 in Total Service Charges during the Initial Term of the Agreement (“TVC”).

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; AVC, 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 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 will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the Customer without Cause or by 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: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line INSTALL WAVIER-DOMESTIC PRIVATE LINE REGIONAL CHECKBOOK-MONTHLY OPTION- 2 YEARS OPTION NO 155608 536115 (rev. Nov 13 Apr. 07, Amendment 131) Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates 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. The “Initial Term” begins Ramp Period shall begin on the 7th Amendment Effective Date and ends on January 31continue for a period of six (6) months following the Effective Date. Commencing with the Effective Date and at all times during the Ramp Period thereafter, 2011Customer will receive the rates, discounts, charges and credits set forth herein and will not be subject to the AVC. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $560,000.00 600,000.00 in Total Service Charges during each contract year. Commencing on the 13th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $560,000 in 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. 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 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 Total Service Charges do not reach the AVC in any Contract Year because If: (a) Customer terminates the Agreement is terminated early by before the 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 without Cause or by Company with Causewill pay, Customer shall pay within thirty (30) days after termination; (i) an “Early Termination Charge” amount equal to 2575% of the unmet 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. PromotionsPromotion: The Customer is eligible for the following promotions promotion as set forth in the Guide: On GENERAL INSTALLATION WAIVER PROMOTION –V3.0 All pricing contained herein is in lieu of the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line Checkbook Promotion, the Regional Checkbook and the RVP Checkbook Promotion. Customer is not eligible to participate in these Promotions under this Agreement. OPTION NO 155608 (rev. Nov NO: 64980000 Rev May 13 Amendment 13) 1 Initial Term: 35 36 months Commencing on the 13th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this the 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 84,000.00 in Total Service Charges (“AVC”) during each contract yearyear of the Term. Commencing on the 13th 91st Amendment Effective Date and for the remainder of the TermDate, Customer’s new AVC will be $560,000 in Total Service Charges. During each monthly billing period of 36,000 for the Extended Term, the Customer’s Total Service Charges must equal or exceed one-twelfth (1/12) of the AVCexisting Contract Year and all subsequent Contract Years.

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term; Customer shall pay an "“Underutilization Charge" ” equal to 25% of the unmet AVC. If Customer's ’s Total Service Charges do not reach the AVC in any Contract Year contract year because the Agreement is terminated early by the Customer without Cause 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. Credits: One Time Credits: Customer will receive a credit of $32,809 which will be applied against Customer’s Total Service Charges incurred for interstate and international services. Promotions: The Customer is eligible for the following promotions as set forth in the GuideRVP Checkbook – Monthly Option v2.0 – 2 Year Option: On the Network V Cross Connect Promotion Install Waiver – Digital T1 Access Install Waiver – Domestic Frame Relay Install Waiver – Domestic Private Line OPTION NO 155608 (rev. Nov 13 68072906 Rev Jul 16 Amendment 13) 1 Initial Term: 35 36 months Commencing on the 13th 1st Amendment Effective Date, Date the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this 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 this the Agreement upon at least sixty (60) days prior written notice. The “Initial terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the 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 00.00 in Total Service Charges (“AVC”) during each contract yearyear of the Term. Commencing on the 13th 1st Amendment Effective Date and for the remainder of the Termcurrent contract year and any subsequent contract year(s), Customer’s new AVC will be $560,000 425,000 in Total Service Charges. 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.