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 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 Term plus a pro rata portion of any credits received by Customer.

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 075% of the unmet AVC. If: If (a) Customer Customer’s terminates the Agreement agreement before the end of the Term for reasons other than Cause; Cause or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination an termination: (i) and amount equal to 25% 75%of the unsatisfied AVC remaining during the year of termination and for each subsequent Contract Year remaining in the Term Term, plus a pro rata portion of any credits received by Customer.

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 050% 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 2550% of the Term plus a pro rata portion of any credits received by Customer.

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 050% 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 2550% of the Term plus a pro rata portion of any credits received by Customer.. Credits: One Time Credits:

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 040% 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 2540% of the Term plus a pro rata portion of any credits received by Customer.. Credits:

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 075% of the unmet AVC. If: If (a) Customer Customer’s terminates the Agreement agreement before the end of the Term for reasons other than Cause; Cause or (b) Company terminates the Agreement for Cause then Customer will pay within 30 days after such termination an termination: (i) and amount equal to 25% 75%of the unsatisfied AVC remaining during the year of termination and for each subsequent Contract Year remaining in the Term Term, plus a pro rata portion of any credits received by Customer.. Credits: One Time Credits:

Underutilization and Termination with Liability. If in any Contract Year, Customer's Total Service Contributing Charges do not reach are less than the AVC, in any contract year during the Initial Term; then Customer shall pay an “Underutilization Charge” all accrued but unpaid charges incurred by Customer and underutilization charge equal to 035% of the unmet AVCdifference between Customer’s Contributing Charges during such Contract Year. 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 2550% of the Term plus a pro rata portion of any credits received by Customer.. Credits:

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 025% 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 Term plus a pro rata portion of any credits received by Customer.. Waivers:

Underutilization and Termination with Liability. If Customer's Total Service Charges do not reach the AVC, in any contract year during the Initial Term; Customer shall pay an “Underutilization Charge” equal to 025% 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 Term plus a pro rata portion of any credits received by Customer.. Option: 323650 Initial Term: 36 months

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 065% 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 2565% of the Term plus a pro rata portion of any credits received by Customer.

Underutilization and Termination with Liability. If Customer's ’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 085% of the unmet AVC. If: (a) Customer terminates the this Agreement before the end of the Initial Term for reasons other than (i) for Cause; or (b) Company terminates the this Agreement for Cause then Customer will pay pay, within 30 thirty (30) days after such termination termination: (A) an amount equal to 2585% of the Term unsatisfied AVC remaining during the Contract Year of termination, and for each subsequent Contract Year remaining in the Initial Term, plus (B) a pro rata portion of any and all credits received by Customer.. Option 60499300

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 050% 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 2575% of the Term plus a pro rata portion of any credits received by Customer.. Credits:

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 075% 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 Cause, then Customer will pay pay, within 30 thirty (30) days after such of termination (i) an amount equal to 2575% of the Term unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer.. Credit(s): One-Time Credit(s):