Common use of Underutilization and Early Termination Charges Clause in Contracts

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year during the Term, Customer shall pay an “Underutilization Charge” equal to 100% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 Initial Term: 36 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicable, the Agreement is automatically extended (“Month-to-Month Term”) on a month-to-month basis until either party terminates it upon 60 days' prior written notice Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts (the “AVC”) in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 10050% of the unmet AVC. If: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before the end of the Term for reasons other than Cause; is terminated early by Customer without Cause or Company terminates the Agreement for by Verizon with Cause, then Customer will pay, within thirty (30) days after such termination: (i) shall pay an amount “Early Termination Charge” equal to 10050% of the unsatisfied unmet AVC remaining during for the year of termination, termination and for each subsequent contract year Contract Year remaining in the Term, Term plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 NO. 59580301 (rev. Feb. 10, Amendment 1) Initial Term: 36 12 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Term”) on a month-to-month basis until unless either party terminates it the Agreement upon 60 days' at least thirty (30) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least thirty (30) days prior written notice notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts $60,000.00 in Total Service Charges (the “AVC”) in Total Service Charges in during each twelve-month period during contract year of the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000Term.

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall will pay an “Underutilization Charge” equal to 10075% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term or reasons other than Cause; or (b) Company terminates the Agreement for Cause before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100to75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionPromotions: The Customer is eligible for the following promotion promotions as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 General Installation Waiver Promotion – v6.0 Option 67081303 Initial Term: 36 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Term”) on a month-to-month basis until unless either party terminates it the Agreement upon 60 days' prior at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts $75,000 in Total Service Charges (the “AVC”) in Total Service Charges in each twelve-twelve month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000).

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year during the Term, Customer shall pay an “Underutilization Charge” equal to 100% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 Initial Term: 36 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicable, the Agreement is automatically extended (“Month-to-Month Term”) on a month-to-month basis until either party terminates it upon 60 days' prior written notice Annual Volume Commitment (“AVC”): Customer agrees to pay Company Verizon no less than the following amounts (the “AVC”) in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, then Customer shall will pay an “Underutilization Charge” in equal to 10075% 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 this Agreement for Cause, then Customer will pay, as Company’s sole and exclusive remedy for early termination by Customer, within thirty (30) 30 days after such termination: (i) an amount equal to 100the 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 V5.0 Option: 67436104, Rev Sep 15 – Amendment 4 Initial Term: 36 months Month-to-Month Term: Commencing on the 3rd Amendment Effective Date, the Term will start anew and continue for a period of months. Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Term”) on a month-to-month basis until unless either party terminates it the Agreement upon 60 days' 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 the Agreement upon at least sixty (60) days prior written notice notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts (the “AVC”) $375,000 in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000Term.

Underutilization and Early Termination Charges. 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 75% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year during because the TermAgreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Underutilization Early Termination Charge” equal to 10075% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionPromotions: The Customer is eligible for the following promotion promotions as set forth in the Guide: Local Voice - PRI / T1 Flat Rate Promotion Install Waiver – Digital T1 Access General Installation Waiver Promotion v6.0 Flat Rate T1 Access Promotion V2.0 (New/Renewing Customers) Option 67377103 – v5.0 OPTION NO 328877 July 12 Initial Term: 36 24 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Term”) on a month-to-month basis until unless either party terminates it the Agreement upon 60 days' 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 the Agreement upon at least sixty (60) days prior written notice notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts $30,000 in Total Service Charges (the “AVC”) in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000).

Underutilization and Early Termination Charges. If Customer’s '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 10075% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) Company terminates the Agreement for Cause, Cause then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 10075% of the unsatisfied AVC remaining during the year of termination, Term and for each subsequent contract year Contract Year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionPayment Arrangements: The Customer is eligible for agrees to pay all the following promotion as set forth in Company charges (except disputed amounts) within thirty (30) days of Customer’s receipt of the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 invoice. Option 64398201 Initial Term: 36 months Month-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Extended Term”) on a month-to-month to month basis until either party terminates it upon 60 days' days prior written notice notice. The “Term” and “Extended Term” are referred herein collectively as the “Term”. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts $60,000.00 in Total Service Charges (the “AVC”) in Total Service Charges in each twelve-twelve month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000Term.

Underutilization and Early Termination Charges. If Customer’s 's Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 50% of the unmet AVC for that Contract Year. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by Company with Cause, Customer shall pay an “Underutilization Early Termination Charge” equal to 10050% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 NO. 178400 (rev, June 12, Amendment 15) Initial Term: 36 months Month-to-Month Commencing on the 11th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Renewal Term: Upon By providing Company at least sixty (60) days written notice prior to the expiration of the Initial Term or Term, Customer shall have the Ramp Down Periodright, as applicablebut not the obligation, to extend the Agreement is automatically extended (“Month-to-Month Term”) on for a month-to-month basis until either party terminates it upon 60 days' prior written notice period of 12 additional months. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts $1,000,000 in Total Service Charges (the “AVC”) during each contract year of the Term. Commencing on the 11th Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $750,000 in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000Charges, or a pro rata portion thereof for any partial contract year.

Underutilization and Early Termination Charges. If Customer’s Total Service Charges do not reach the AVC in any contract year Contract Year during the Initial Term, ; Customer shall pay an “Underutilization Charge” equal to 100% fifty percent (50%) of the unmet AVC. If: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before the end is terminated early by Customer without Cause or by Verizon with Cause, Customer shall pay an “Early Termination Charge” equal to fifty percent (50%) of the Term unmet AVC for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, termination and for each subsequent contract year Contract Year remaining in the Term, Term plus (ii) a pro rata portion of any and all credits received by Customer. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: General Installation Waiver Promotion – v5.0 OPTION NO 328877 NO. 54713601, (rev. Dec 16 Amendment 43) Initial Term: 24 months following the expiration of the Ramp Period. Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 36 months Month-to-Month Term: months. Commencing on the 4th Amendment Effective Date, the Term will start anew and continue for a period of 72 months. Upon expiration of the Initial Term or the Ramp Down Period, as applicableTerm, the Agreement is will be automatically extended (“Month-to-Month Term”) on a month-to-month basis until unless either party terminates it the Agreement upon 60 days' prior at least sixty (60) days written notice Annual Volume Commitment (“AVC”): Customer agrees prior to pay Company no less than the following amounts (the “AVC”) in Total Service Charges in each twelve-month period during end of the Initial Term (“Contract YearExtended Term”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice.

Underutilization and Early Termination Charges. 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 75% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any contract year during because the TermAgreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Underutilization Early Termination Charge” equal to 10075% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or Company terminates the Agreement for Cause, then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 100% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus (ii) a pro rata portion of any and all credits received by Customer. PromotionPromotions: The Customer is eligible for the following promotion promotions as set forth in the Guide: RVP Checkbook – Monthly Option (3 - 5 Year Term) based on $12,000 AVC General Installation Waiver Promotion – v5.0 OPTION NO 328877 v4.0 Option: 67737703 Initial Term: 36 12 months MonthThe “Initial Term” begins on the effective date and ends upon the completion of thirty-to-Month Term: Upon expiration of the Initial Term or the Ramp Down Periodsix (36) months, as applicable, at which time the Agreement is automatically extended (“Month-to-Month Extended Term”) on a month-to-month basis until either party terminates it upon 60 days' days prior written notice notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than the following amounts (the “AVC”) $600.00 in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”): Contract Year 1: $2,600,000 Contract Year 2: $3,250,000 Contract Year 3: $3,250,000), which is the annual volume commitment (“AVC”).