Common use of Underutilization Clause in Contracts

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that such Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th one-twelfth (1/12th) of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th one-twelfth (1/12th) of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 2550% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC then Customer shall pay: pay (a) all accrued but by unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2550% of the difference between 1/12th 1/12 of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25100% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25100% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Contact Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25% %) of the difference between the AVC and the Customer’s Total Service Charges during that such Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th one-twelfth (1/12th) of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th one-twelfth (1/12th) of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the difference between the AVC and the Customer’s 's Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “"Underutilization Charge” " equal to 25% of the difference between 1/12th 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 2550% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.. Credits:

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 2550% of the difference between the AVC and the Customer’s Total Service Charges during that such Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th one-twelfth (1/12th) of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th one-twelfth (1/12th) of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2550% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 2550% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2550% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in during any Contract Year during of the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this the Agreement; and (b) an “Underutilization Charge” Charge in an amount equal to 2550% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Yearthe Initial Term. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 2550% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25100% of the difference between the AVC and the Customer’s 's Total Service Charges during that Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “"Underutilization Charge” " equal to 25100% of the difference between 1/12th 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this the Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the difference between the AVC and the Customer’s 's Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th of the AVC Extended Term Volume Commitment, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this the Agreement, ; and (b) an “"Underutilization Charge” " equal to 25% of the difference between 1/12th the 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year annual period during the Initial Term, the Customer’s Total Service Charges do not meet or exceed the AVCMVR, then the Customer shall pay: pay (a) all accrued but unpaid charges incurred under this Agreement; the agreement and (b) an “Underutilization Charge” underutilization charge in an amount equal to 25% 25 percent of the difference between the AVC MVR and the Customer’s Total Service Charges total service charges during that Contract Yearsuch annual period. If in during any monthly billing period during month of the Extended Extension Term, Customer’s Total Service Charges charges do not meet or exceed 1/12th one0-twelfth (1/12) of the AVC then MVR, the Customer shall pay: will be billed and required to pay (a) all accrued but unpaid usage and other charges incurred under this Agreement, the agreement and (b) an “Underutilization Charge” underutilization charge equal to 25% of the difference between 1/12th 1/12 of the AVC MVR and Customer’s Total Service Charges total service charges during such monthly billing periodmonth and the Extension Term MVR.

Underutilization. If, in any Contract Year contract year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Yearcontract year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 2550% of the difference between the AVC and the Customer’s 's Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “"Underutilization Charge” " equal to 25% of the difference between 1/12th 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: pay (a) all accrued but unpaid usage and other charges incurred under this Agreement; the agreement and (b) an “Underutilization Charge” in an amount equal to twenty-five percent (25% %) of the difference between the AVC and the Customer’s Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th one-twelfth (1/12) of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, the agreement and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th one-twelfth (1/12) of the AVC VC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year annual period during the Initial Term, the Customer’s Total Service Charges do not meet or exceed the AVCMVR, then the Customer shall pay: pay (a) all accrued but unpaid charges incurred under this Agreement; the agreement and (b) an “Underutilization Charge” underutilization charge in an amount equal to 25% 25 percent of the difference between the AVC MVR and the Customer’s Total Service Charges total service charges during that Contract Yearsuch annual period. If in any monthly billing period during the Extended Term, The Customer’s Total Service Charges do not meet Company service usage during each month of the Extension Term must equal or exceed 1/12th one-twelfth (1/12) of the AVC then MVR (Extension Term MVR). Otherwise Customer shall pay: pay (a) all accrued but unpaid usage and other charges incurred under this Agreement, the agreement and (b) an “Underutilization Charge” underutilization charge in an amount equal to 25% of the difference between 1/12th 1/12 of the AVC MVR and the Customer’s Total Service Charges total service charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the TVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to twenty-five percent (25%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If, in any Contract Year of the Extended Term, Customer’s Total Service Charges do not meet or exceed the 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 twenty-five percent (25% %) of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Services Charges during such monthly billing periodContract Year.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” Charge in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract the Contact Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% of the difference between the AVC and the Customer’s 's Total Service Charges during that Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s 's Total Service Charges do not meet or exceed 1/12th 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “"Underutilization Charge” " equal to 25% of the difference between 1/12th 1/12 of the AVC and Customer’s 's Total Service Charges during such monthly billing period.

Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to 25% fifty percent (50%) of the difference between the AVC and the Customer’s 's Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, Agreement and (b) an “Underutilization Charge” equal to 25% fifty (50%) of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.. Waivers:

Underutilization. If, If in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall will pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Customer Total Service Charges during that such Contract Year. If If, in any monthly billing period during the Extended extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC AVC, then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” underutilization charged equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.