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 Company with Cause, Customer shall pay and “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 (rev. Jul 11, Amendment 2) Initial Term: 24 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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 sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 in Total Service Charges during each contract year.

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 Customer without Cause or by the Company with Cause, Customer shall pay and an “Early Termination Charge” equal to 2575% of the unmet AVC plus a pro rata portion of any credits received by the Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Cross Connect Promotion LD Voice – Outbound Stimulus Promotion General Installation Waiver Promotion – V5.0 OPTION NO 162392 (rev. Jul 11, Amendment 2) NO: 66857900 Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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 sixty (60) days written notice prior written noticeto the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 60,000 in Total Service Charges in each twelve month period during each contract yearthe Initial Term (“Contract Year”).

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the 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 the Company with Causecause, the Customer shall pay and an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by the Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: INSTALL WAIVER – DIGITAL T1 ACCESS INSTALL WAIVER – DOMESTIC RIVATE LINE REGIONAL CHECKBOOK – MONTHLY OPTION NO 162392 (rev– 3 PLUS YEARS OPTION NO. Jul 11, Amendment 2) Initial 55097503 Term: 24 12 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 3,000.00 in Total Service Charges during each contract year.Charges

Underutilization and Termination with Liability. If the Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, the Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If the 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 the Company with Causecause, the Customer shall pay and an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any and all credits received by the Customer. OPTION NO 162392 (revNO. Jul 11, Amendment 2) Initial 54845601 Term: 24 12 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 600.00 in Total Service Charges during each contract year.Charges

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay an "“Underutilization Charge" ” equal to 0% 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 then Customer will pay within 30 days after such termination an amount 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 Company with Cause, Customer shall pay and “Early Termination Charge” equal to 25% of the unmet AVC Term plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 (rev. Jul 11, Amendment 2) Option 67051402 Initial Term: 24 12 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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 sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 600.00 in Total Service Charges (“AVC”) in each twelve month period during each contract yearthe Initial Term. .

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 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 and “Early Termination Charge” within 30 days after such termination an amount equal to 25% of the unmet AVC Term plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 (rev. Jul 11, Amendment 2) Option: 68257200 Initial Term: 24 36 months Commencing on following the 1st Amendment Effective Date, expiration of the Term will be extended for a period of 24 monthsRamp Period. 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 sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees The terms of the Agreement will continue to pay Company no less than $1,000 in Total Service Charges apply during each contract yearany service-specific commitments that extend beyond the Term.

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 Customer without Cause or by the Company with Cause, Customer shall pay and an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 (rev. Jul 11, Amendment 2) NO: 59298900 Initial Term: 24 36 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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 sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 450,000.00 in Total Service Charges (“AVC”) during each contract yearyear of the Term.

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 25100% of the unmet AVC. If Customer's Total Service Charges do not reach 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 then Customer will pay within 30 days after such termination an amount equal to 50% of unsatisfied portion of the AVC remaining during the year of termination, and for each subsequent contract year remaining in any Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Causeterm, Customer shall pay and “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 Option 337832 (rev. Jul 11Feb. ’14, Amendment 21) Initial Term: 24 months Commencing on upon the 1st Amendment Effective Date, expiration of the Term will be extended for a period of 24 monthsRamp Period. 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 sixty (60) days written notice prior written notice. Minimum Annual Volume Commitment to the end of the Initial Term (“AVCExtended Term”): Customer agrees to pay Company no less than $1,000 in Total Service Charges during each contract year).

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 Customer without Cause or by the Company with Cause, Customer shall pay and an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by the Customer. OPTION NO 162392 (revNO. Jul 11, Amendment 2) Initial 55926005 Term: 24 48 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 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. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $1,000 90,000.00 in Total Service Charges during each contract year.Charges