Common use of Termination with Liability Clause in Contracts

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled “Termination,” then Customer will pay, within thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to one hundred percent (100%) of the 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 Payment Arrangements: The Customer must pay for Company service within 30 days from receipt of invoice. Waiver: Company will waive the one-time installation charges associated with the implementation of Services, provided by MCI Network Services, Inc. or MCI Financial Management Corp., as applicable, on behalf of MCI Communications Services, Inc. d/b/a Company Business Services; MCImetro Access Transmission Services, LLC d/b/a Company Access Transmission Services; MCImetro Access Transmission Services of Virginia, Inc. d/b/a Company Access Transmission Services of Virginia; or MCImetro Access Transmission Services of Massachusetts, Inc. d/b/a Company Access Transmission Services of Massachusetts, (collectively “MCI Legacy Company”), within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, and (viii) CPE. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Non-Recurring Credits: Usage Credit: Customer will receive a credit of $2,000.00, to be applied the 3rd month following the Effective Date. Data Center Services Credit: Customer will receive a one-time Data Center Service credit of $16,000.00, to be applied upon Customer’s request.

Appears in 1 contract

Samples: enterprise.verizon.com

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Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company Verizon terminates this Agreement for Cause pursuant to the Section entitled titled “Termination,” ”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to one hundred percent (100%) 25% of the 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 Payment Arrangements: The Customer must pay for Company service within 30 days from receipt of invoiceCustomer. Waiver(s): Installation Waiver: Company Verizon will waive the one-time installation charges associated with the implementation of Services, provided by MCI Network Services, Inc. or MCI Financial Management Corp., as applicable, on behalf of MCI Communications Communication Services, Inc. d/b/a Company Verizon Business Services; MCImetro MCI metro Access Transmission Services, LLC d/b/a Company Verizon Access Transmission Services; MCImetro MCI metro Access Transmission Services of Virginia, Virginia Inc. d/b/a Company Verizon Access Transmission Services of Virginia; or MCImetro MCI metro Access Transmission Services of Massachusetts, Inc. d/b/a Company Verizon Access Transmission Services of Massachusetts, (collectively “MCI Legacy Company”), ) within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, and (viii) CPECPE and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. NonPromotion(s): INSTALL WAIVER – DIGITAL T1 ACCESS OPTION NO. 55608501 (rev. Sept 08, Amendment 2) Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-Recurring Credits: Usage Credit: Customer will receive a credit 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. Annual Volume Commitment (“AVC”): $2,000.00, to be applied 60,000 in Total Service Charges (“AVC”) during each contract year of the 3rd month following the Effective Date. Data Center Services Credit: Customer will receive a one-time Data Center Service credit of $16,000.00, to be applied upon Customer’s requestTerm.

Appears in 1 contract

Samples: enterprise.verizon.com

Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates this Agreement for Cause pursuant to the Section entitled titled “Termination,” ”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to one hundred percent (100%) 25% of the 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 Payment Arrangements: The Customer must pay for Company service within 30 days from receipt of invoiceCustomer. Waiver: Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services, provided by MCI Network Services, Inc. or MCI Financial Management Corp., as applicable, on behalf of MCI Communications Communication Services, Inc. d/b/a Company Business Services; MCImetro MCI metro Access Transmission Services, LLC d/b/a Company Access Transmission Services; MCImetro MCI metro Access Transmission Services of Virginia, Virginia Inc. d/b/a Company Access Transmission Services of Virginia; or MCImetro MCI metro Access Transmission Services of Massachusetts, Inc. d/b/a Company Access Transmission Services of Massachusetts, (collectively “MCI Legacy Company”), ) within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, and (viii) CPECPE and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Recurring Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Credits: Usage Credit: Customer will receive a credit of $2,000.00, $ 6,000.00 to be applied Month 5 of the 3rd month following Term against Customer’s designated Service Charges incurred for Interstate and International Company Option 2 and 3 Services and any other services mutually agreed upon by Customer and Company, provided the Effective Datecredit is applied to no more than 10 Customer account numbers per month. Data Center Services CreditUsage Credits: Customer will receive three credits each equal to $35,000 applied against Customer's designated Service Charges incurred for Interstate Services. Migration Bonus: Customer will receive a one-time Data Center Service credit of $16,000.00, 47,200 to be applied upon against Customer’s request.designated Service Charges incurred for Interstate and International Company Option 2 and 3 Services and any other services mutually agreed upon by Customer and Company. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: COMPANY BUSINESS PROMOTION FOR NEW LONG DISTANCE CUSTOMERS INTRALATA PIC FEE CREDIT PROMOTION OPTION NO. 137831, (rev. Aug 12, Amendment 89) Initial Term: 60 months As of the Expiration Date of the Agreement, the Agreement will be extended through December 31, 2011 (“Extended Term”). As of the Expiration Date of the Extended Term, the Agreement will be extended through March 31, 2012 (“Second Extended Term”). As of the Expiration Date of the Extended Term, the Agreement will be extended through June 30, 2012 (“Third Extended Term”). As of the Expiration Date of the Extended Term, the Agreement will be extended through August 31, 2012 (“Fourth Extended Term”). As of the Expiration Date of the Extended Term, the Agreement will be extended through August 31, 2012 (“Fourth Extended Term”). During the Fourth Extended Term, the parties will continue negotiation of a new agreement which, once executed, will supersede and replace the Agreement. If at the end of the Fifth Extended Term the parties require an additional month to complete the agreement, the parties may mutually agree in writing to extend the Fifth Extended Term through October 31, 2012. At least 90 days before the Expiration Date, the Supplier will contact Customer in writing so that the Parties may discuss a contract extension. Following expiration of the Initial Term, the agreement shall continue in effect on a month-to-month basis for no longer than six (6) months, at the prices in effect until terminated by either Party upon at least thirty (30) calendar days prior written notice to the other. Minimum Annual Volume Commitment (“AVC”): There is no AVC for this contract. Rates and Charges:

Appears in 1 contract

Samples: enterprise.verizon.com

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Termination with Liability. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Company Verizon terminates this Agreement for Cause pursuant to the Section entitled titled “Termination,” ”, then Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to one hundred percent (100%) 25% of the 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 Payment Arrangements: The Customer must pay for Company service within 30 days from receipt of invoiceCustomer. Waiver(s): Installation Waiver: Company . Verizon will waive the one-time installation charges associated with the implementation of Services, provided by MCI Network Services, Inc. or MCI Financial Management Corp., as applicable, on behalf of MCI Communications Communication Services, Inc. d/b/a Company Verizon Business Services; MCImetro MCI metro Access Transmission Services, LLC d/b/a Company Verizon Access Transmission Services; MCImetro MCI metro Access Transmission Services of Virginia, Virginia Inc. d/b/a Company Verizon Access Transmission Services of Virginia; or MCImetro MCI metro Access Transmission Services of Massachusetts, Inc. d/b/a Company Verizon Access Transmission Services of Massachusetts, (collectively “MCI Legacy Company”), ) within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, and (viii) CPECPE and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any and charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. NonPromotion(s): INSTALL WAIVER – DIGITAL T1 ACCESS OPTION NO. 55608501 (rev. Sept 08, Amendment 2) Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-Recurring Credits: Usage Credit: Customer will receive a credit 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. Annual Volume Commitment (“AVC”): $2,000.00, to be applied 60,000 in Total Service Charges (“AVC”) during each contract year of the 3rd month following the Effective Date. Data Center Services Credit: Customer will receive a one-time Data Center Service credit of $16,000.00, to be applied upon Customer’s requestTerm.

Appears in 1 contract

Samples: enterprise.verizon.com

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