Common use of Underutilization Clause in Contracts

Underutilization. If, in any Contract Year during the 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 One Hundred percent (100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the Term, If Customer's ’s Total Service Charges do not meet or exceed the AVCAVC in any Contract Year during the Term, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "“Underutilization Charge" in an amount ” equal to One Hundred percent (100%) 50% of the difference between the AVC and Customer's ’s Total Service Charges during that such Contract Year.

Underutilization. If, in any Contract Year during contract year, the Term, Customer's Total Service Charges Charges, as defined in the Agreement, do not meet or exceed the AVC, then Customer shall pay: (a) pay in addition to all accrued but unpaid charges incurred under this Agreement; and (b) charges, an "Underutilization Charge" in an amount underutilization charge equal to One Hundred percent (100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.contract year

Underutilization. If, in any Contract Year during the Term, the Customer's ’s Total Service Charges do not meet or exceed the AVC, then each 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 One Hundred fifty percent (10050%) of the difference between the AVC stated in the Customer’s participation agreement and the Customer's ’s Total Service Charges during that such Contract Year.

Underutilization. If, in any Contract Year during the TermYear, Customer's Total Service ’s Contributing Charges do not meet or exceed are less than the AVC, then Customer shall will pay: (a1) all accrued but unpaid charges incurred under this Agreement; by the Customer, and (b2) an "Underutilization Charge" in an amount underutilization charge equal to One Hundred percent (100%) 40% of the difference between the AVC and Customer's Total Service ’s Contributing Charges during that such Contract YearYear and the AVC.

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 One Hundred percent (100%) 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the 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 One Hundred one hundred percent (100%) of the difference between the AVC and Customer's Total Service Charges during that Contract 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 One Hundred percent (100%) 50% of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year contract year during the Term, the Customer's ’s Total Service Charges charges do not meet or exceed the AVC, 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 One Hundred percent (100%) 50% of the difference between the AVC and the Customer's Total Service Charges ’s total service charges during that Contract Yearsuch annual period.

Underutilization. If, in any Contract Year during the 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 One Hundred percent fifty (10020%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the 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 One Hundred twenty-five percent (10025%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the Term, Customer's ’s Total Service Charges do not meet or exceed the AVC, then Customer shall AVC will pay: (a) all accrued but unpaid invoiced rates and charges incurred under this Agreement; and (b) an "“AVC Underutilization Charge" in an amount ” equal to One Hundred percent (100%) of 40% multiplied by the difference between the applicable AVC and Customer's ’s Total Service Charges during that such Contract YearYear or Term Extension. This underutilization charge is Company’s sole and exclusive remedy for Customer’s failure to meet or exceed the AVC.

Underutilization. If, in any Contract Year during the 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 One Hundred fifty percent (10050%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the 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 One Hundred percent twenty-five (10025%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.

Underutilization. If, in any Contract Year during the 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 One Hundred twenty five percent (10025%) of the difference between the AVC and Customer's Total Service Charges during that such Contract Year.

Underutilization. If, in any Contract Year contract year during the Term, the sum of Customer's ’s Total Service Charges do charges plus the amounts in the “Wavier Bank” for such contract year does not meet or exceed the AVC, then the 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 One Hundred percent (100%) 50% of the difference between the AVC and the sum of Customer's ’s Total Service Charges during that Contract Yearsuch contract year plus the amounts in the Waiver Bank for such contract year.

Underutilization. If, in during any Contract Year during Year, the Term, Customer's ’s Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) pay an "Underutilization Charge" underutilization charge in an amount equal to One Hundred percent (100%) of the difference between the AVC and the Customer's Total Service Charges ’s total service charges during that such Contract Year.

Underutilization. If, in at the conclusion of any Contract Year during the Term, Customer's Total Service Charges Charges, for such Contract Year, do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreementthe agreement; and (b) an "Underutilization Charge" in an amount equal to One Hundred one hundred percent (100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.