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 Initial Term, Customer shall pay an "Underutilization Charge" in an amount equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credit: One-Time Fund Deposit: Customer will receive a credit of $54,000.00 to be applied to Customer’s Fund account. Waiver: 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, and (ix) Enhanced Call Routing, x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s 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.

Underutilization and Early Termination Charges. If Customer’s 's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay an "“Underutilization Charge" in an amount ” equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credit: One-Time Fund Deposit: Customer will receive a credit of $54,000.00 to be applied to Customer’s Fund account. Waiver: 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, and (ix) Enhanced Call Routing, (x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s 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. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Company Business Services 90 Day Satisfaction Guarantee Regional Checkbook 2004 - 3 Year (Credit Option) OPTION NO 56603202, (rev. Apr. 08, Amendment 1) Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-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”): $36,000.00 in Total Service Charges (“AVC”) during each contract year of the Term.

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" in an amount equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by Company with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion for the Contract Year unless otherwise provided in the Agreement. If before the expiration of any credits received by Customer. Creditthe Initial Term: One-Time Fund Deposit: (a) Customer terminates the Agreement and all Services for Convenience, or (b) Company terminates the Agreement or all Services for Cause; then Customer will receive pay, within thirty (30) days after such termination and receipt of an invoice from Company, an amount equal to fifty percent (50%) of the unmet AVC, if any, that would otherwise be due and payable for the Contract Year(s) left in the Initial Term,(“Early Termination Charge”). Upon the expiration of the Initial Term and during any Renewal Term, Customer shall not be liable for Underutilization Charges or Early Termination Charges (except to the extent a credit termination charge is expressly identified in a Service Attachment or SLA in the event of $54,000.00 to be applied to Customer’s Fund accounttermination by Customer of a specific service. Waiver: . Waiver(s): Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services Network Access Service 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, and (ix) Enhanced Call Routing, x) Long Distance Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s 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 waivedwaived.\ Payment Arrangements: Customer agrees to pay all the Company charges (except disputed amounts) within thirty (30) days of Customer’s receipt of the invoice. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v5.0 Option 350753: Rev May 13 Amendment 1 Initial Term: 12 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). The terms of the Agreement will continue to apply during any service-specific commitments that extend beyond the Term. Annual Volume Commitment (“AVC”): $0.00 in Total Service Charges (“AVC”) during each contract year of the Term.

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" in an amount equal to 25% of the unmet AVC. If Customer’s '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 the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credit: One-Time Fund Deposit: Customer will receive Pursuant to a credit of $54,000.00 to be applied to Business Downturn clause included in the Customer’s Fund accountAgreement, Customer is granted a one-time waiver of an underutilization charge, equal to $37,250.00, due to a shortfall in meeting the AVC commitment for the 2nd Contract Year. WaiverWaivers: 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 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, and (ix) Enhanced Call Routing, (x) Long Distance Local Disaster Recovery, (xi) Audio, Video Video, and Net Conferencing, (xii) Voice over IP Services, (xiiixii) Security Services, (xiv) Non-ListingListed/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s Company incumbent local exchange carriers (“‘ILECs”) or by Cellco Partnership and its affiliates d/b/a Company Wirelessaffiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, 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.. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: ON THE NETWORK V LIT BUILDING ACCESS PROMOTION OPTION NO. 56756802 Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-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. Minimum Annual Volume Commitment (“AVC”): $60,000 in Total Service Charges

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" in an amount equal to 25% of the unmet AVCAVC for that Contract Year. If Customer’s '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 “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time Credit: OneCustomer will receive one-Time time credit of $38,000.00, applied against Customer’s designated Service Charges incurred for Interstate and International Services and other services mutually agreed by Customer and Company. Fund Deposit: Customer will receive a credit of 3 credits equal to $54,000.00 20,000 each to be applied to Customer’s Fund account. WaiverWaivers: 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, and (ix) Enhanced Call Routing, (x) Long Distance Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s 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. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection Charges. Toll Free Service Waiver: Company will waive Customer’s monthly recurring charge for Switched Toll Free Service (CBL) and Dedicated Toll Free Service (DAL).

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" in an amount equal to 25% of the unmet AVCAVC for that Contract Year. If Customer’s '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 “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Credits: One Time Credit: OneCustomer will receive one-Time time credit of $38,000.00, applied against Customer’s designated Service Charges incurred for Interstate and International Services and other services mutually agreed by Customer and Company. Fund Deposit: Customer will receive a credit of 3 credits equal to $54,000.00 20,000 each to be applied to Customer’s Fund account. WaiverWaivers: 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, and (ix) Enhanced Call Routing, (x) Long Distance Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xvi) Services provided by Company’s 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. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection Charges. Toll Free Service Waiver: Company will waive Customer’s monthly recurring charge for Switched Toll Free Service (CBL) and Dedicated Toll Free Service (DAL).