Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. If, in any Contract Year, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to fifty percent (50%) of the difference between the AVC and Customer’s Total Service Charges during that Contract Year. 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 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 50% 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 excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) 25% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates this the Agreement for Cause then the Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”)Customer. Credits:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) 35% of the difference between the AVC and the Customer’s 's Total Service Charges during that Contract Year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates this the Agreement for Cause then the Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 5035% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:Customer.

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) 25% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates this the Agreement for Cause then the Customer will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of off such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”)Customer. CreditsWaiver:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; , and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) 25% of the difference between the AVC and Customer’s Total Service Charges during that for the 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 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. 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 Cause, then Customer will shall pay, within thirty (30) days 30 after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 5025% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”)Customer. CreditsCredit:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) 25% of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year. In addition, if, in any monthly billing period during the Extended Term, Customer's Total Service Charges do not meet or exceed the 1/12 of the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" equal to 25% of the difference between the 1/12 of the AVC and Customer's Total Service Charges during such monthly billing period. 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 Cause, then the 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 5025% 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 excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”)Customer. Credits:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty twenty-five percent (5025%) of the difference between the AVC and Customer’s 's Total Service Charges during that Contract Year. 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 50% twenty-five percent (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 excluding certain credits Customer. Non-Recurring Credits: The total one-time credit amount is $84,728.20 and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from be issued in the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:monthly period following the Effective Date of this Agreement.

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Initial Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) % of the difference between the AVC and Customer’s 's Total Service Charges during that Contract YearYear (for year one) or 40% for the difference (for contract year two). IfIf in the Extended Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) Customer terminates all accrued but unpaid usage and other charges incurred under this Agreement before the end of the Term for reasons other than Cause; or Agreement, and (b) Company terminates this Agreement for Cause then Customer will pay, within thirty (an “Underutilization Charge” equal to 30) days after such termination% of the difference between the AVC and the Customers Total Service Charges: (i) all accrued but unpaid charges incurred through the date of such termination, plus an amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term plus (ii) an amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:Customer.

Underutilization and Early Termination Charges. If, in any Contract Year, the If Customer’s 's Total Service Charges do not meet or exceed reach the AVCAVC in the first (1st) contract year during the Term, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) pay an “"Underutilization Charge” in an amount " equal to fifty percent (50%) 75% of the difference between the AVC and unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in the second (2nd) or third (3rd) contract year during that Contract Yearthe Term, Customer shall pay an "Underutilization Charge" equal to 25% of the unmet AVC. If: (a) Customer terminates this the Agreement before the end of the Term first (1st) contract year for reasons other than Cause; or (b) Company terminates this the Agreement for Cause Cause, 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 5075% 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. If: (a) Customer excluding certain credits terminates the Agreement before the end of the second (2nd) or third (3rd) contract years for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer will pay, within 30 days after such termination: (i) an amount equal to 25% of the unsatisfied AVC remaining during the year of termination, and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second each subsequent Contract Year remaining in the Term, plus (iii) a pro rata portion of any and not yet paid) (“Early Termination Charge”)all credits received by Customer. Credits:

Underutilization and Early Termination Charges. If, in any Contract YearYear during the Initial Term, the Customer’s 's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all undisputed, accrued but unpaid charges incurred under this Agreement; and (b) an “"Underutilization Charge” " in an amount equal to fifty percent (50%) % of the difference between the AVC and Customer’s 's Total Service Charges during that Contract YearYear (for year one) or 40% for the difference (for contract year two). IfIf in the Extended Term, the Customer’s Total Service Charges do not meet or exceed the AVC, then the Customer shall pay: (a) Customer terminates all accrued but unpaid usage and other charges incurred under this Agreement before the end of the Term for reasons other than Cause; or Agreement, and (b) Company terminates this Agreement for Cause then Customer will pay, within thirty (an “Underutilization Charge” equal to 30) days after such termination% of the difference between the AVC and the Customers Total Service Charges: (i) all accrued but unpaid charges incurred through the date of such termination, plus and amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term plus (ii) an amount equal to 50% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer excluding certain credits and Underutilization charges shall not apply (except for Underutilization Charges incurred prior to termination from the first or second Contract Year and not yet paid) (“Early Termination Charge”). Credits:Customer.