Prior to August 1, 2001, service was furnished under WorldCom Network Services Tariff FCC No. 7 filed with the Federal Communications Commission and now canceled. (Services previously provided under WorldCom Network Services Tariff FCC No. 7 referenced and incorporated WorldCom Network Services Tariff FCC Nos. 4 and 5.) Beginning August 1, 2001, service is being furnished pursuant to this Guide and any underlying written contract between the Company and the Customer.
Please note the following regarding this important change.
· WorldCom Network Services Tariff FCC Nos. 4, 5 and 7 were amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. These General Definitions and General Terms and Conditions are now part of this Guide and, therefore, are part of customer service contracts, except to the extent that any specific definition or specific term and condition contained herein or in former WorldCom Network Services Tariff FCC No. 4 or 5 applies.
· The text of this Guide replicates the information contained in former WorldCom Network Services Tariff FCC No. 7 on July 31, 2001.
· If there is an inconsistency between a General Definition or a General Term and Condition contained herein or in WorldCom Tariff FCC No. 1, a service-specific definition or term and condition contained in WorldCom Network Services Tariff FCC No. 4 or 5, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition contained herein or in WorldCom Network Services Tariff FCC No. 4 or 5; and (3) the General Definition or Term and Condition. An inconsistency will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· The Company may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
· Any reference to tariff within the text of the Guide shall mean Guide.
I. OBSOLETE RATE PLANS
In addition to other service-related charges, FUSF, Administrative Expense Fee, CAC and CCRC apply.
1. OBSOLETE RATE PLAN NO. 1
1.01 Applicability - This Obsolete Rate Plan No. 1 sets forth rates applicable only to Private Line Services ordered pursuant to agreements entered into between January 13, 1992 and March 31, 1993 and available on the Company network as it existed during that period.
1.02 Definition - For purposes of this Obsolete Rate Plan No. 1, "Minimum Monthly" shall mean the aggregate of all Base Rate charges for Interexchange Private Line Services prior to the application of any discounts with the exception of Multi-Channel Discounts.
1.03 Monthly Recurring Interexchange Rates and Discounts:
Multi-Channel Discounts
# Channels Discount
2 - 3 7.5%
4 - 7 10.0%
8 - 11 15.0%
12 and above 30.0%
Note: A minimum of two DS-0 Channels are required. DS-1 Local Access is required. The above Multi-Channel Discounts apply only to DS-0 Circuits provided over the same DS-1 Local Access Channel.
Fractional T-1 Term and Volume Discounts
Minimum 1 2 3 4 5
Monthly Year Years Years Years Years
$ 0 5% 6% 7% 8% 9%
2,500 7% 8% 9% 10% 11%
5,000 8% 9% 10% 11% 12%
7,500 9% 10% 11% 12% 13%
10,000 10% 11% 12% 13% 4%
15,000 11% 12% 13% 14% 15%
20,000 12% 13% 14% 15% 16%
25,000 13% 14% 15% 16% 17%
35,000 14% 15% 16% 17% 18%
45,000 15% 16% 17% 18% 19%
DS-1 Base Rates
Mileage Per
Bands Fixed Mile
0 - 50 $1,620 $8.40
51 - 100 1,740 6.00
101+ 1,920 4.80
DS-1 Term and Volume Discounts
Minimum 1 2 3 4 5
$ 0 17% 19% 22% 26% 31%
10,000 34% 35% 36% 37% 38%
20,000 36% 37% 38% 39% 40%
30,500 37% 38% 39% 40% 41%
40,000 38% 39% 40% 41% 42%
50,000 39% 40% 41% 42% 45%
DS-3 Base Rates
Monthly
City Pairs Recurring Charge Term
Santa Anna, CA - Tucson, AZ $21,000.00 18 months
New York, NY - Chicago, IL $40,416.30 12 months
1.04 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 apply.
2. OBSOLETE RATE PLAN NO. 2
2.01 Applicability - This Obsolete Rate Plan No. 2 sets forth rates applicable only to Private Line Services ordered pursuant to agreements entered into between April 16, 1990 and January 12, 1992 and available on the Company Network as it existed during that period.
2.02 Definition - For purposes of this Obsolete Rate Plan No. 2, "Volume" shall mean the aggregate of all Base Rate charges for Interexchange Private Line Services after the application of any Term Discounts and Multi-Channel Discounts.
2.03 Monthly Interexchange Rates and Discounts:
DS-0 Base Rates
Mileage Fixed Per Mile
1 - 50 $ 68.6550 $1.7025
51 - 100 $116.2800 $0.7950
101 - 343 $147.7800 $0.4800
344 - 2696 $224.6400 $0.2550
2697+ $267.7800 $0.2400
DS-0 Discounts
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
$ 0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
56K DDS Base Rates
Mileage Fixed Per Mile
1 - 50 $ 96.1200 $2.3850
51 - 100 $162.7950 $1.1100
101 - 343 $206.8950 $0.6750
344 - 2696 $314.4975 $0.3600
2697+ $374.8950 $0.3375
56K DDS Discounts
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
$ 0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
Fractional T-1 Base Rates
Mileage Fixed Per Mile/Per DS-0
1 - 50 $ 68.6550 $1.7025
51 - 100 $116.2800 $0.7950
101 - 343 $147.7800 $0.4800
344 - 2696 $224.6400 $0.2550
2697+ $267.7800 $0.2400
Fractional T-1 Discounts
Channels Discount
2 - 3 5.00%
4 - 5 10.00%
6 - 7 12.50%
8 - 9 15.00%
10 - 11 17.50%
12+ 20.00%
Note: A minimum of two DS-0 Channels are required. DS-1 Local Access is required. The above Multi-Channel Discounts apply only to DS-0 Circuits provided over the same DS-1 Local Access Channel.
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
$ 0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
DS-1 Base Rates
Mileage Fixed Per Mile
1-250 $1,050.00 $7.00
251+ $1,350.00 $5.70
DS-1 Discounts
Term Discount
Monthly 0.00%
One Year 15.00%
Two Year 17.50%
Three Year 20.00%
Four Year 22.50%
Five Year 25.00%
Volume
$ 0 - $ 9,999 0.0%
$ 10,000 - $24,999 10.0%
$ 25,000 - $49,999 12.5%
$ 50,000 - $99,000 17.5%
$100,000+ 22.5%
DS-3 Base Rates
Monthly
City Pairs Recurring Charge Term
Baltimore, MD - Washington, D.C. $6,052.00 36 months
2.03 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 apply.
OBSOLETE RATE PLAN NO. 3
3.01 Applicability - This Obsolete Rate Plan No. 3 sets forth rates applicable only to Private Line Service ordered pursuant to agreements entered into between August 4, 1989 and April 16, 1990 and available on the Company network as it existed during that period.
3.02 Definition - For purposes of this Obsolete Rate Plan No. 3, "Volume" shall mean the aggregate of all Base Rate charges for Interexchange Private Line Services after the application of any Term Discounts and Multi-Channel Discounts.
3.03 Monthly Recurring Interexchange Rates and Discounts:
DS-0 Base Rates
Mileage Fixed Per Mile
1 - 50 $ 68.6550 $1.7025
51 - 100 $116.2800 $0.7950
101 - 343 $147.7800 $0.4800
344 - 2696 $224.6400 $0.2550
2697+ $267.7800 $0.2400
DS-0 Base Discounts
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
$ 0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
56K DDS Base Rates
Mileage Fixed Per Mile
1 - 50 $ 96.1200 $2.3850
51 - 100 $162.7950 $1.1100
101 - 343 $206.8950 $0.6750
344 - 2696 $314.4975 $0.3600
2697+ $374.8950 $0.3375
56K DDS Discounts
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
$ 0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
Fractional T-1 Base Rates
Mileage Fixed Per Mile/Per DS-0
1 - 50 $ 68.6550 $1.7025
51 - 100 $116.2800 $0.7950
101 - 343 $147.7800 $0.4800
344 - 2696 $224.6400 $0.2550
2697+ $267.7800 $0.2400
Fractional T-1 Discounts
Channels Discount
2 - 3 5.00%
4 - 5 10.00%
6 - 7 12.50%
8 - 9 15.00%
10 - 11 17.50%
12+ 20.00%
Note: A minimum of two DS-0 Channels are required. DS-1 Local Access is required. The above Multi-Channel Discounts apply only to DS-0 Circuits provided over the same DS-1 Local Access Channel.
Term Discount
Monthly 0.00%
One Year 5.00%
Two Year 6.25%
Three Year 7.50%
Four Year 8.75%
Five Year 10.00%
Volume
0 - $4,999 0%
$ 5,000 - $9,999 5%
$10,000+ 10%
DS-1 Base Rates
Mileage Fixed Per Mile
ALL $1,000.00 $6.70
DS-1 Discounts
Term Discount
Monthly 0.00%
One Year 10.00%
Two Year 12.50%
Three Year 15.00%
Four Year 17.50%
Five Year 20.00%
Volume
$ 0 - $ 9,999 0.0%
$ 10,000 - $24,999 9.0%
$ 25,000 - $49,999 11.0%
$ 50,000 - $99,000 13.0%
$100,000+ 17.0%
3.04 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 apply.
OBSOLETE RATE PLAN NO. 4
4.01 Applicability - This Obsolete Rate Plan No. 4 sets forth rates applicable only to DS-3 Private Line Service ordered pursuant to agreements entered into prior to August 4, 1989.
DS-3 Base Rates
Monthly
City Pairs Recurring Charge Term
New York, NY - Chicopee, MA $19,280.00 120 months
4.02 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 apply.
5. OBSOLETE RATE PLAN NO. 5
5.01 Applicability - This Obsolete Rate Plan No. 5 sets forth rates applicable only to Message Telecommunications Services ordered pursuant to agreements entered into prior to March 31, 1993 and available on the Company Network as it existed during that period.
5.02 Definition - For purposes of this Obsolete Rate Plan No. 5, "Minimum Monthly" shall mean the aggregate of all Measured Service charges.
5.03 Base Rate/Discounts:
One Plus Service
Day/Nonday
Switched Access $.1747
Dedicated Access* $.1112
800 Service Base Rates
Base Rates from U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands to U.S. Mainland.
Rate Per Minute
Originating Switched Dedicated*
Location Access Access
Day Non-Day Day Non-Day
U.S. Mainland $0.1747 $0.1747 $0.1112 $0.1112
Alaska 0.3728 0.3622 0.3357 0.3251
Hawaii 0.2118 0.2065 0.1747 0.1694
Puerto Rico 0.2499 0.2436 0.2054 0.2002
US Virgin Islands 0.2965 0.2859 0.2595 0.2489
*Minimum DS-1 connection.
Volume Discounts
Service Term Commitment
Minimum 1 2 3
$ 0 - $ 4,999 7% 8% 10%
$ 5,000 - $ 9,999 10% 12% 14%
$10,000 - $24,999 12% 15% 18%
$25,000 - $49,999 16% 18% 21%
$50,000 - $99,999 18% 20% 25%
$100,000+ 22% 25% 30%
5.04 Voice Card Base Rates*/Discounts:
$.230 $.180 $.160
*Plus a $.60 per call set-up fee.
5.05 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 apply.
5.06 Cancellation - In the event Customer terminates the Service prior to the expiration of the Service Commitment Period, Customer will pay an early termination charge equal to the difference between the amount of realized discounts under the Volume Discount Schedule shown above and the following described adjusted discount. The adjusted discount is based upon the months of actual Service divided by twelve (12). If the product of the division is greater than 1 but less than 2, the 1 Year Discounts would apply as the adjusted discount. If the product of the division is greater than 2 but less than 3, the 2 Year Discounts would apply as the adjusted discount.
6. OBSOLETE RATE PLAN NO. 6
6.01 Applicability - This Obsolete Rate Plan No. 6 sets forth rates applicable only to Message Telecommunications Services ordered pursuant to agreements entered into prior to March 31, 1993 and available on the Company Network as it existed during that period.
6.02 Definition - For purposes of this Obsolete Rate Plan No. 5, "Minimum Monthly" shall mean the aggregate of all Measured Service charges.
6.03 Base Rate/Discounts:
One Plus Service
Day Nonday
Switched Access $.1853 $.1483
Dedicated Access* $.1350 $.1080
800 Service Base Rates
Base Rates from U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands to U.S. Mainland.
Rate Per Minute
Originating Switched Dedicated*
Location Access Access
Day Non-Day Day Non-Day
U.S. Mainland $0.1853 $0.1483 $0.1350 $0.1080
Alaska $0.3728 $0.3622 $0.3357 $0.3251
Hawaii $0.2118 $0.2065 $0.1747 $0.1694
Puerto Rico $0.2499 $0.2436 $0.2054 $0.2002
US Virgin Islands$0.2965 $0.2859 $0.2595 $0.2489
* Minimum DS-1 connection.
Volume Discounts
Service Commitment Period
Minimum 1 2 3
Monthly Year Years Years
$ 0 - $ 4,999 0% 0% 0%
$ 5,000 - $24,999 7% 10% 15%
$25,000 - $34,999 10% 13% 17%
$35,000 - $49,999 13% 17% 20%
$50,000 - $74,999 17% 20% 23%
$75,000 - $99,999 20% 23% 26%
$100,000+ 23% 26% 30%
.04 Voice Card Base Rates*:
Day Nonday
$.175 $.140
*Plus a $.60 per call set-up fee.
6.05 Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 apply.
6.06 Cancellation - In the event Customer terminates the Service prior to the expiration of the Service Commitment Period, Customer will pay an early termination charge equal to the difference between the amount of realized discounts under the Volume Discount Schedule shown above and the following described adjusted discount. The adjusted discount is based upon the months of actual Service divided by twelve (12). If the product of the division is greater than 1 but less than 2, the 1 Year Discounts would apply as the adjusted discount. If the product of the division is greater than 2 but less than 3, the 2 Year Discounts would apply as the adjusted discount.
I. OBSOLETE CONTRACTS
1. OBSOLETE CONTRACT NO. 1
.01 Definitions - For the purposes of this Obsolete Contract No. 1, the following terms shall have the meaning as set forth below:
DS-0 - A 19.2 Kbps or less digital signal.
56K DDS - An all digital dedicated Interexchange Service where the Interexchange is designed for full-duplex data transmission at a synchronous speed of 56 Kbps to 64 Kbps with accompanying DDS 56 Kbps local access.
Minimum Monthly IXC - The aggregate charges for Private Line Interexchange Service at the rates set forth below prior to the application of any discounts.
1.02 Services Provided - Obsolete Contract No. 1 provides for DS-0, Fractional T-1, 56K DDS, DS-1, and DS-3 Private Line Interexchange Service.
1.03 Customer Commitment Period - To receive this Obsolete Contract No. 1, Customer must commit in writing to a Customer Commitment Period of three (3) years. The Customer Commitment Period shall begin as of the first day of a calendar month mutually agreed to by Customer and Company.
1.04 Revenue Target - Additionally, to receive this Obsolete Contract No. 1, Customer must be billing in excess of $200,000 in Monthly Interexchange Service charges and agree to achieve Minimum Monthly IXC charges of at least $500,000 within eighteen (18) months. Customer will be deemed to have Minimum Monthly IXC charges equal to $500,000 during said eighteen (18) month period. In the event Customer fails to maintain Minimum Monthly IXC charges of at least $500,000 at the end of said eighteen (18) month period, then for the remainder of the Service Term Commitment, Customer will receive the discount associated with Customer's actual Minimum Monthly IXC charges as shown below.
1.05 Obsolete Contract No. 1 Rates - The following are the monthly rates for Private Line Interexchange Service under Obsolete Contract No. 1; the rates will be fixed for ten (10) years:
Monthly Service Rates
The following rates are the monthly charge per circuit for the indicated Interexchange Service which will be subject to the specified discount determined by Customer's Minimum Monthly Commitment.
DS-O*
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 50 $ 65.00 plus $1.70
51 - 100 $116.28 plus $0.80
101 - 350 $148.00 plus $0.48
351 + $225.64 plus $0.25
MINIMUM
MONTHLY IXC DISCOUNT
$ 0 26%
$150,000 32%
$250,000 35%
$350,000 39%
$500,000 43%
Fractional T-1 per DS-0 Channel**
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 50 $ 65.00 plus $1.70
51 - 100 $116.28 plus $0.80
101 - 350 $148.00 plus $0.48
351 + $225.64 plus $0.25
* Available between and among Company Cities and Company Extended Cities (as identified in Section II.2.09, and subject to minimum three (3) month term per individual circuit.
** Available between and among Company Cities and Company Extended Cities and subject to a minimum three (3) month term per individual circuit. A minimum of two (2) DS-O channels between the same city pairs is required with DS-1 access to be provided at each such city. This Service is subject to a $75 DACS charge per each DS-1 local access point.
The following discounts shall apply when multiple DS-0 Channels are provided pursuant to the same Fractional T-1 Circuit between the same city pairs under this Obsolete Contract No. 1:
NUMBER OF DS-0
CHANNELS DISCOUNT
2-3 7.5%
4-7 10%
8-11 15%
12-24 30%
MINIMUM
MONTHLY IXC DISCOUNT
$ 0 26%
$150,000 32%
$250,000 35%
$350,000 39%
$500,000 43%
56K DDS*
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 50 $ 91.00 plus $2.38
51 - 100 $162.79 plus $1.12
101 - 350 $207.20 plus $0.67
351 + $315.90 plus $0.35
MINIMUM
MONTHLY IXC DISCOUNT
$ 0 35%
$150,000 40%
$250,000 42%
$350,000 44%
$500,000 45%
* Available between and among Company Cities and Company Extended Cities (as identified on Section II.2..09, such list may be amended from time to time), and subject to minimum three (3) month term per individual circuit.
DS-1 SERVICE*
FIXED PER V&H
CHARGE MILE CHARGE
$610.00 plus $4.70
$995.00 plus $3.27
MINIMUM
MONTHLY IXC DISCOUNT
$ 0 35%
$150,000 39%
$250,000 41%
$350,000 43%
$500,000 45%
Available between and among Company Cities and Company Extended Cities (as identified on Section II.2.09, such list may be amended from time to time), and subject to minimum three (3) month term per individual circuit.
DS-3 SERVICE*
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 100 $1,200 plus $79.00
101 - 500 $1,500 plus $76.00
500 + $2,500 plus $74.00
MINIMUM
MONTHLY IXC DISCOUNT
$ 0 24%
$150,000 30%
$250,000 35%
$350,000 40%
$500,000 45%
All other rates (including nonrecurring charges) shall be in accordance with Company Tariff F.C.C. No. 4.
Discounts - Except as specifically set forth above, no discounts of any kind, including term and volume discounts, shall apply to the above charges.
* Available between Company Cities only and subject to a minimum six (6) month term per individual circuit.
1.06 Credits for Interruption - Credits for Interruption will be calculated by dividing the Service Charge for the affected Service by thirty (30) and applying the following percentages:
Credit
Length of Interruption Per Interruption
Up to one (1) hour None
One (1) hour to Two (2) hours 10%
Two (2) hours to Three (3) hours 15%
Three (3) hours to Four (4) hours 20%
Four (4) hours to Six (6) hours 25%
Six (6) hours to Seven (7) hours 30%
Seven (7) hours to Eight (8) hours 35%
Eight (8) hours to Twelve (12) hours 50%
Over Twelve (12) hours 100%
1.08 Most Favorable Terms - In the event Company enters into an arrangement with any of its other customers (excluding governmental entities and Company's affiliated companies) which provides for more favorable discounted prices, terms, warranties and benefits under an agreement comprised of terms and conditions substantially similar to those in Customer's agreement, Customer will have the option to accept the more favorable discounted prices, terms, warranties and benefits under the same terms and conditions.
1.09 Cancellation Charges
a. Prior to Start of Service, the cancellation charge shall be an amount equal to one (1) month's Interexchange Service charge for the Services in question plus all non-recurring charges which would have otherwise been due (e.g., installation) upon Start of Service and any actual costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or inter- connecting carriers) as a result of such cancellation which are verified by Company.
b. Following Start of Service, the cancellation charge shall be an amount equal to the number of months in the relevant Service Commitment Period of such Circuit times the monthly Interexchange Service charge (then in effect at the time of cancellation) for the Services in question less monthly Interexchange Services charges for such Services actually provided to Customer through the effective date of cancellation (but in no event less than zero).
1.10 Regulations - Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 shall apply.
1.11 The above described Service shall be provided between the following cities:
COMPANY CITIES
Augusta, GA
Akron, OH
Atlanta, GA
Baltimore, MD
Baton Rouge, LA
Beaumont, TX
Boise, ID
Boston, MA
Cedar Rapids, IA
Chicago, IL
Chattanooga, TN
Cleveland, OH
Columbia, MO
Columbia, SC
Dallas, TX
Des Moines, IA
Denver, CO
Detroit, MI
Davenport, IA
Evansville, IN
Fort Lauderdale, FL
Framingham, MA
Hartford, CT
Houston, TX
Indianapolis, IN
Iowa City, IA
Jacksonville, FL
Joplin, MO
Kansas City, MO
Lake Charles, LA
Las Vegas, NV
Longview, TX
Los Angeles, CA
Mercerville, NJ
Miami, FL
Minneapolis, MN
Mobile, AL
Montgomery, AL
Nashville, TN
Newark, NJ
New Orleans, LA
New York, NY
Oklahoma City, OK
Omaha, NE
Orlando, FL
Philadelphia, PA
Pittsburgh, PA
Portland, OR
Raleigh, NC
Richmond, VA
South Bend, IN
Salt Lake City, UT
San Francisco, CA
Santa Clara, CA
Savannah, GA
Shreveport, LA
Springfield, MA
Smyrna, GA
Stamford, CT
St. Louis, MO
Tampa, FL
Toledo, OH
Topeka, KS
Tulsa, OK
Washington, DC
West Palm Beach, FL
White Plains, NY
Wichita, KS
COMPANY EXTENDED CITIES
Albany, NY
Anaheim, CA
Birmingham, AL
Buffalo, NY
Charlotte, NC
Cincinnati, OH
Columbus, OH
Daytona Beach, FL
Durham, NC
El Paso, TX
Feathersound, FL
Fort Worth, TX
Greensboro, NC
Hinsdale, IL
Huntsville, AL
Knoxville, TN
Little Rock, AR
Louisville, KY
Melbourne, FL
Memphis, TN
Milwaukee, WI
Nashua, NH
Norfolk, VA
Northbrook, IL
Oakland, CA
Pensacola, FL
Phoenix, AZ
Pleasantville, NJ
Poughkeepsie, NY
Reno, NV
Rialto, CA
Richardson, TX
Rochester, NY
Sacramento, CA
Salinas, CA
San Antonio, TX
San Diego, CA
Santa Barbara, CA
Sherman Oaks, CA
Sioux Falls, SD
Springfield, IL
Stockton, CA
Syracuse, NY
Tallahassee, FL
Tucson, AZ
Wilmington, DE
2. OBSOLETE CONTRACT NO. 2
2.01 Services Provided - Obsolete Contract No. 2 provides for DS-0, 56K DDS and DS-1 Private Line Interexchange Service.
2.02 Customer Commitment Period - To receive this Obsolete Contract No. 2, Customer must commit in writing to a Customer Commitment Period of three (3) years. The Customer Commitment Period shall begin as of the first day of the calendar month twelve (12) months from the date of the Customer's Agreement.
2.03 Revenue Target - To receive this Obsolete Contract No. 2, Customer must agree to achieve monthly Interexchange Service Charges equal to or greater than $250,000.
2.04 Obsolete Contract No. 2 Rates - The following are the monthly rates for Private Line Interexchange Service under Obsolete Contract No. 2:
DS-1
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0-246 $365.00 plus $2.45
247 + $525.00 plus $1.80
56K DDS
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0-100 $ 80.00 plus $0.72
101 + $130.00 plus $0.22
DS-0
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0-100 $65.00 plus $0.60
101 + $105.00 plus $0.20
All other rates (including nonrecurring charges) shall be in accordance with Company Tariff F.C.C. No. 4.
Discounts - No discounts of any kind, including term and volume discounts, shall apply to the above charges.
2.05 Regulations - Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 shall apply.
2.06 The above described Service shall be provided between the following cities:
COMPANY CITIES
Augusta, GA
Akron, OH
Atlanta, GA
Baltimore, MD
Baton Rouge, LA
Beaumont, TX
Boise, ID
Boston, MA
Cedar Rapids, IA
Chicago, IL
Chattanooga, TN
Cleveland, OH
Columbia, MO
Columbia, SC
Dallas, TX
Des Moines, IA
Denver, CO
Detroit, MI
Davenport, IA
Evansville, IN
Fort Lauderdale, FL
Framingham, MA
Hartford, CT
Houston, TX
Indianapolis, IN
Iowa City, IA
Jacksonville, FL
Joplin, MO
Kansas City, MO
Lake Charles, LA
Las Vegas, NV
Longview, TX
Los Angeles, CA
Mercerville, NJ
Miami, FL
Minneapolis, MN
Mobile, AL
Montgomery, AL
Nashville, TN
Newark, NJ
New Orleans, LA
New York, NY
Oklahoma City, OK
Omaha, NE
Orlando, FL
Philadelphia, PA
Pittsburgh, PA
Portland, OR
Raleigh, NC
Richmond, VA
South Bend, IN
Salt Lake City, UT
San Francisco, CA
Santa Clara, CA
Savannah, GA
Shreveport, LA
Springfield, MA
Smyrna, GA
Stamford, CT
St. Louis, MO
Tampa, FL
Toledo, OH
Topeka, KS
Tulsa, OK
Washington, DC
West Palm Beach, FL
White Plains, NY
Wichita, KS
COMPANY EXTENDED CITIES
Albany, NY
Anaheim, CA
Birmingham, AL
Buffalo, NY
Charlotte, NC
Cincinnati, OH
Columbus, OH
Daytona Beach, FL
Durham, NC
El Paso, TX
Feathersound, FL
Fort Worth, TX
Greensboro, NC
Hinsdale, IL
Huntsville, AL
Knoxville, TN
Little Rock, AR
Louisville, KY
Melbourne, FL
Memphis, TN
Milwaukee, WI
Nashua, NH
Norfolk, VA
Northbrook, IL
Oakland, CA
Pensacola, FL
Phoenix, AZ
Pleasantville, NJ
Poughkeepsie, NY
Reno, NV
Rialto, CA
Richardson, TX
Rochester, NY
Sacramento, CA
Salinas, CA
San Antonio, TX
San Diego, CA
Santa Barbara, CA
Sherman Oaks, CA
Sioux Falls, SD
Springfield, IL
Stockton, CA
Syracuse, NY
Tallahassee, FL
Tucson, AZ
Wilmington, DE
3. OBSOLETE CONTRACT NO. 3
3.01 Services Provided - Obsolete Contract No. 3 provides for dedicated 800 Service on the Company network.
3.02 Service Commitment Period - To receive Obsolete Contract No. 3, Customer must commit in writing to a Service Commitment Period of thirty-eight (38) months for such Services; no renewal options are available.
3.03 Minimum Revenue Commitment/Discounts - When the Customer commits to a Minimum Revenue Commitment in each six (6) month period of the Service Commitment Period of $1,050,000 in Measured Service, Customer will receive a fifteen percent (15%) discount applied to Customer's Base Rate specified below in months one (1) through eight (8) of the Service Commitment Period. The Base Rate will be fixed throughout the Service Commitment Period. Thereafter, Customer will receive a thirty percent (30%) discount applied to Customer's Base Rate.
Customer must meet the Minimum Revenue Commitment within fourteen (14) months of the date of the Agreement. If the Customer fails to meet the Minimum Revenue Commitment in any given six-month period following the fourteen-month period described above, Customer's charges will be equal to the Minimum Revenue Commitment less Customer's actual charges for said services.
3.04 Obsolete Contract No. 3 Rates - Customer's Base Rate for Dedicated 800 Service during the Service Commitment Period will be $.093 per minute.
3.05 Classifications, Practices and Regulations
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Customer may discontinue Obsolete Contract No. 3 at any time within the first eight (8) months of Customer's Agreement. Thereafter, Customer may discontinue Option 5 at any time, provided, however, Customer shall be liable for a cancellation charge equal to three (3) times the monthly average of Customer's Minimum Revenue Commitment.
4. OBSOLETE CONTRACT NO. 4
4.01 Services Provided - Obsolete Contract No. 4 provides for dedicated 800 Service on the Company network.
4.02 Service Commitment Period - To receive Obsolete Contract No. 4, Customer must commit in writing to a Service Commitment Period of forty-two (42) months for such services; no renewal options are available.
4.03 Obsolete Contract No. 4 Rates - Customer's Base Rate for Obsolete Contract No. 4 will be $.08 per minute during the first six (6) months of the Agreement. In the event Customer's actual Measured Service monthly charges provided under this Obsolete Contract No. 4 are less than $100,000 at the end of said six-month period then Customer will pay a surcharge of $.02 per minute for Service provided during the six-month period. In the event Customer's actual Measured Service after the end of the six-month period are equal to or greater than $100,000, Customer's Base Rate for Obsolete Contract No. 4 for the remainder of the Service Commitment Period will be $.10.
4.04 Minimum Revenue Commitment - Customer agrees to a Minimum Revenue Commitment of $1,000 per month in Measured Service charges. Within the first four (4) months of the Agreement, Customer has the option of committing to a Minimum Revenue Commitment of at least $100,000 at which time Customer's Base Rate will be $.093 for the remainder of the Service Commitment Period.
4.05 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Customer may discontinue Obsolete Contract No. 4 at any time during the Service Commitment Period, provided, however, Customer shall be liable for a cancellation charge equal to the amount of Customer's realized discounts under the Agreement and the discount Customer would have received applying the discounts described in Section IV..05. of Company Tariff F.C.C. No. 5 entitled "WilPlus III- Aggregate Monthly Volume and Term Discounts". The Service Commitment Period will be equal to the number of complete twelve-month periods of actual Service divided by twelve (12).
c. Customer will be required to pay a $250 charge per each 800 number returned to Company and requested to be reserved by Customer.
5. OBSOLETE CONTRACT NO. 5
5.01 Services Provided - Obsolete Contract No. 5 provides for dedicated and switched 800 Service and One Plus Service to be offered on a joint use basis to certain of Customer's affiliates designated in writing by Customer and approved by Company ("Approved Affiliates").
5.02 Service Commitment Period - To receive Obsolete Contract No. 5, Customer must commit in writing to a Service Commitment Period of three (3) years; no renewal options are available.
5.03 Obsolete Contract No. 5 Rates - Customer's (which includes Approved Affiliates) Base Rates for Obsolete Contract No. 5 Service will be $.165 per minute for switched 800 Service and One Plus Service, and $.105 per minute for dedicated 800 Service and One Plus Service. The Base Rates will fixed throughout the Service Commitment Period.
5.04 Volume Discounts - During the first six (6) months of the Agreement, Customer (which includes Approved Affiliates) will receive a discount of twenty-two percent (22%) on all Services. Thereafter, Customer will receive the applicable One Year % Discount as described in Section IV..05. of Company Tariff F.C.C. No. 5 entitled "WilPlus III -Aggregate Monthly Volume and Term Discounts" associated with Customer's actual level of Monthly Aggregate Volume. Provided, the Monthly Aggregate Volume level will include the Monthly Aggregate of all Approved Affiliates.
5.05 Classifications, Practices and Regulations - Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
6. OBSOLETE CONTRACT NO. 6
6.01 Services Provided - Obsolete Contract No. 6 provides for dedicated and switched 800 Service and One Plus Service and Private Line Interexchange Service.
6.02 Service Commitment Period - To receive Obsolete Contract No. 6, Customer must commit in writing to a Service Commitment Period of forty-eight (48) months; no renewal options are available.
6.03 Definitions - For purposes of this Obsolete Contract No. 6, the following terms shall have the meaning as set forth below:
Aggregate Monthly Charges - Current recurring Interexchange Service charges (prior to the application of any discounts) plus one-third of charges (prior to the application of any discounts) for One Plus Services and 800 Services.
Aggregate Monthly Switched Services Charges - Current charges for One Plus Services and 800 Services.
6.04 Obsolete Contract No. 6 Private Line Interexchange Service Rates - The following rates are the monthly Base Rates per circuit for the indicated Interexchange Service which will be subject to the specified discount determined by Customer's Minimum Monthly Charge. The rates will be fixed throughout the Service Commitment Period. Provided, however, if Customer fails to reach the level of Aggregate Monthly Charges in the months indicated below, Customer will receive the discounts set forth in Company Tariff F.C.C. No. 4 applicable to a four-year term for the remainder of the Service Commitment Period.
DS-O/FT-1*
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 100 $ 90.00 plus $1.36
100+ $199.00 plus $0.27
AGGREGATE
MONTHLY
MONTHS CHARGES DISCOUNT
1 - 12 $0 - 50,000 20%
13 - 48 $50,000+ 24%
The following discounts shall apply when multiple DS-0 Channels are provided pursuant to the same Fractional T-1 Circuit between the same city pairs under this Option 8:
NUMBER OF DS-0
CHANNELS DISCOUNT
2 - 3 7.5%
4 - 7 10%
8 - 11 15%
12+ 30%
* Available between and among Company Cities and Company Extended Cities (as identified on Section II.6.08.)
DS-1*
FIXED PER V&H
V&H MILES CHARGE MILE CHARGE
0 - 50 $1,620.00 plus $8.40
51-100 $1,740.00 plus $6.00
100+ $1,920.00 plus $4.80
AGGREGATE
MONTHLY
MONTHS CHARGES DISCOUNT
1 - 12 $0 - 50,000 44%
13 - 48 $50,000+ 48%
All other rates shall be in accordance with Company Tariff F.C.C. No. 4.
Discounts - Except as specifically set forth above, no discounts of any kind, including term and volume discounts, shall apply to the above charges.
* Available between and among Company Cities and Company Extended Cities (as on Section II.6.08).
6.05 Obsolete Contract No. 6 800 Service and One Plus Service Rates - The following rates are the Base Rates per minute for the service indicated which will be subject to the specified discount determined by Customer's Aggregate Monthly Switched Services Charges. The rates will be fixed throughout the Service Commitment Period.
800 Service $.120*
Dedicated One
Plus Service $.165
Switched One
Plus Service $.120*
AGGREGATE MONTHLY
SWITCHED SERVICES
CHARGES DISCOUNT
$ 0 - 30,000 0.00%
$30,001 - 60,000 6.25%
$60,000 -120,000 12.50%
$120,000+ 18.75%
* Customer will pay Company a $5.00 per month switch-port charge per active DS-0 port.
6.06 Cancellation Charges (Private Line Services)
a. Prior to Start of Service, the cancellation charge for the Interexchange Service shall be an amount equal to one (1) month's Interexchange Service charge for the Services in question plus all non-recurring charges which would have otherwise been due (e.g., installation) upon Start of Service and any actual costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation which are verified by Company.
b. Following Start of Service, the cancellation charge for the Interexchange Service shall be an amount equal to the Interexchange Service charge for the Services in question times the difference between six (6) and the number of whole months the Interexchange Service was effective (but in no event less than zero).
6.07 Expedite Charges - Company will waive Customer's Expedite Charges on Service Orders submitted by Customer during the first ninety (90) days of the Agreement.
6.08 Regulations - Except as otherwise provided, the rates and regulations set forth in Company Tariffs F.C.C. Nos. 4 and 5 shall apply.
6.09 The above described Service shall be provided between the following cities.
COMPANY CITIES
Augusta, GA
Akron, OH
Atlanta, GA
Baltimore, MD
Baton Rouge, LA
Beaumont, TX
Boise, ID
Boston, MA
Cedar Rapids, IA
Chicago, IL
Chattanooga, TN
Cleveland, OH
Columbia, MO
Columbia, SC
Dallas, TX
Des Moines, IA
Denver, CO
Detroit, MI
Davenport, IA
Evansville, IN
Framingham, MA
Fort Lauderdale, FL
Hartford, CT
Houston, TX
Indianapolis, IN
Iowa City, IA
Jacksonville, FL
Joplin, MO
Kansas City, MO
Las Vegas, NV
Longview, TX
Los Angeles, CA
Mercerville, NJ
Miami, FL
Minneapolis, MN
Mobile, AL
Montgomery, AL
Nashville, TN
Newark, NJ
New Orleans, LA
New York, NY
Oklahoma City, OK
Omaha, NE
Orlando, FL
Philadelphia, PA
Pittsburgh, PA
Portland, OR
Raleigh, NC
Richmond, VA
South Bend, IN
Salt Lake City, UT
San Francisco, CA
Santa Clara, CA
Savannah, GA
Shreveport, LA
Springfield, MA
Smyrna, GA
Stamford, CT
St. Louis, MO
Tampa, FL
Toledo, OH
Topeka, KS
Tulsa, OK
Washington, DC
West Palm Beach, FL
White Plains, NY
Wichita, KS
Albany, NY
Anaheim, CA
Birmingham, AL
Buffalo, NY
Charlotte, NC
Cincinnati, OH
Columbus, OH
Daytona Beach, FL
Durham, NC
El Paso, TX
Fort Worth, TX
Greensboro, NC
Huntsville, AL
Knoxville, TN
Little Rock, AR
Louisville, KY
Memphis, TN
Milwaukee, WI
Nashua, NH
Norfolk, VA
Pensacola, FL
Phoenix, AZ
Pleasantville, NJ
Poughkeepsie, NY
Reno, NV
Rialto, CA
Rochester, NY
Sacramento, CA
Salinas, CA
San Antonio, TX
San Diego, CA
Santa Barbara, CA
Sherman Oaks, CA
Sioux Falls, SD
Stockton, CA
Syracuse, NY
Tallahassee, FL
Tucson, AZ
Wilmington, DE
7. OBSOLETE CONTRACT NO. 7
7.01 Services Provided - Obsolete Contract No. 7 provides for dedicated and switched 800 Service and One Plus Service.
7.02 Service Commitment Period - To receive Obsolete Contract No. 7, Customer must commit to a three (3) year term; no renewal options are available.
7.03 Minimum Revenue Commitment/Base Rates - When the Customer commits to a Minimum Revenue Commitment of at least $90,000 per month in net Measured Service charges, the following Base Rates per minute will apply:
Switched $.165 Day, $.150 Nonday
Dedicated $.115 Day, $.105 Nonday
Customer will receive a thirty percent (30%) discount applied to the above described Base Rates commencing with the date of Customer's Agreement. Further, if Customer is not in default of its Agreement and if Customer maintains at least $75,000 in net monthly recurring Interexchange Service charges from Company, Customer will receive an additional ten percent (10%) retroactive quarterly discount applied to the Base Rates.
7.04 Dedicated Access Commitment - Customer is required to maintain a total number of minutes of use per month equal to 100,000 times the number of dedicated DS-1s installed by Customer. In the event Customer does not meet this requirement, Customer shall pay Company a surcharge of $.02 per minute shortfall.
7.05 Classifications, Practices and Regulations
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Customer may discontinue Obsolete Contract No. 7 at any time upon thirty (30) days notice to Company, provided, however, Customer shall be liable for a cancellation charge equal to one hundred percent (100%) of the Minimum Revenue Commitment that would have become due in the first year of the Agreement and twenty-five percent (25%) of the Minimum Revenue Commitment that would have become due in the remaining years of the Agreement.
c. Customer may reduce its Minimum Monthly Commitment (but in no event less than $60,000) in the event Customer disposes of its controlling interest in one of its business units or sells all or substantially all of the assets of one or more of its business units.
8. OBSOLETE CONTRACT NO. 8
8.01 Services Provided - Obsolete Contract No. 8 provides for dedicated and switched 800 Service and One Plus Service.
8.02 Service Commitment Period - To receive Obsolete Contract No. 8, Customer must commit to a three (3) year term; no renewal options are available.
8.03 Base Rate/Discounts - When the Customer commits to a Service Commitment Period of three (3) years, the following discounts apply to the Base Rates, calculated by using the Base Rates specified below.
Aggregate Monthly
Volume %Discount
$ 0.00 - $ 4,999.99 0%
$ 5,000.00 - $19,999.9 15%
$20,000.00 - $34,999.99 17%
$35,000.00 - $49,999.99 20%
$50,000.00 - $74,999.99 23%
$75,000.00 - $99,999.99 26%
$100,000+ 30%
Switched $.175 Day, $.140 Nonday
Dedicated $.110 Day, $.102 Nonday
8.04 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Customer may discontinue Obsolete Contract No. 8 at any time, provided, however, Customer shall be liable for a cancellation charge as described in Section I.6.06 of this Company Tariff F.C.C. No. 7.
9. OBSOLETE CONTRACT NO. 9
9.01 Services Provided - Obsolete Contract No. 9 provides for dedicated and switched 800 Service and One Plus Service and Private Line IXC Services.
9.02 Service Commitment Period - To receive Obsolete Contract No. 9, Customer must commit to a three (3) year term; Customer has the option of extending the Agreement for up to two (2) additional one-year periods.
9.03 Obsolete Contract No. 9 Base Rates/Discounts - When the Customer commits to a Service Commitment Period of three (3) years, the following discounts apply to the Base Rates, calculated by using the Base Rates specified below. The Base Rates will be fixed throughout the Service Commitment Period.
AGGREGATE SERVICE COMMITMENT PERIOD/Discount
MONTHLY Month to
VOLUME* Month One-Year Two-Year Three-Year
$ 0.00 - $ 4,999.99 0% 7% 8% 10%
$ 5,000.00 - $ 9,999.99 5% 10% 12% 14%
$10,000.00 - $24,999.99 8% 12% 15% 18%
$25,000.00 - $49,999.99 10% 16% 18% 21%
$50,000.00 - $79,999.99 14% 18% 20% 25%
$80,000+ 19% 22% 25% 30%
* For purposes of determining Customer's Aggregate Monthly Volume, Customer may include four (4) times its Gross Private Line Interexchange Service charges provided under Company Tariff F.C.C. No. 4.
Base Rates Per Minute
Switched $.165 Day, $.150 Nonday
Dedicated $.115 Day, $.105 Nonday
9.04 Credits -
a. Provided Customer maintains an aggregate quarterly volume of $300,000 in Measured Service charges for each prior three-month period, Customer will receive a retroactive quarterly credit of 3.4%.
b. Within the first eleven (11) months of the Agreement, Customer may request, upon thirty (30) days prior written notice to Company, a credit equal to one month's Measured Service charges.
c. During the first (30) days of the Agreement, Customer will receive a credit (not to exceed $10,000) equal to Customer's Measured Service charges.
d. Customer will receive a credit (not to exceed $25,000) equal to fifty percent (50%) of Customer's Measured Service charges in the thirteenth (13th) month of the Agreement.
9.05 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Company will provide Customer with up to three (3) channel banks, if necessary, at Customer's existing locations.
c. For this Obsolete Contract No. 9, all installation charges (both IXC and LEC) will be waived for DS-1 circuits between Customer and Company locations.
d. At any time prior to December 18, 1992, Customer may cancel this Obsolete Contract No. 9 without incurring any cancellation liability. Thereafter, Customer may terminate the Service prior to the expiration of the Service Commitment Period at any time, provided, however, Customer will pay an early termination charge equal to the difference between the amount of realized discounts under the Discount Schedule shown above applying the Three-Year Discount and the following described adjusted discount. The adjusted discount is based upon the months of actual Service divided by twelve (12). If the product of the division is greater than 1 but less than 2, the 1 Year Discounts would apply as the adjusted discount. If the product of the division is greater than 2 but less than 3, the 2 Year Discounts would apply as the adjusted discount.
e. For this Obsolete Contract No. 9, Company will provide Customer, at no cost to Customer, an electronic answering referral service for a period of forty-five (45) days each time a new 800 Service Number is provided by Company.
10. OBSOLETE CONTRACT NO. 10
10.01 Services Provided - Obsolete Contract No. 10 provides for dedicated and switched 800 Service.
10.02 Service Commitment Period - To receive Obsolete Contract No. 10, Customer must commit to a thirty-eight (38) month term; no renewal options are available.
10.03 Obsolete Contract No. 10 Base Rates/Discounts - When the Customer commits to a Service Commitment Period of thirty-eight (38) months, the following discounts apply to the Base Rates, calculated by using the Base Rates specified below. The Base Rates will be fixed throughout the Service Commitment Period.
AGGREGATE SERVICE COMMITMENT PERIOD/ DISCOUNTS
MONTHLY Month to
VOLUME* Month One-Year Two-Year Three-Year
$ 0.00 - $ 4,999.99 0% 7% 8% 10%
$ 5,000.00 - $ 9,999.99 5% 10% 12% 14%
$10,000.00 - $24,999.99 8% 12% 15% 18%
$25,000.00 - $49,999.99 10% 16% 18% 21%
$50,000.00 - $99,999.99 14% 18% 20% 25%
$100,000+ 19% 22% 25% 30%
10.04 Credit - Commencing April 1, 1993, provided Customer is current on all charges due under the Agreement, Customer will receive a credit equal to $90,000 (the "Credit"). The Credit may only be applied to Customer's interstate charges and/or Company's ancillary and non- recurring charges incurred during the Service Commitment Period. Customer is required to notify Company, in writing, on or before the Due Date of the invoice to which the Credit is to be applied. If, at the end of the Service Commitment Period, Customer average monthly Measured Service charges during the period commencing with the date "800 Portability" becomes generally available as determined by Company, and continuing through the end of the Service Commitment Period is less than $54,000, Customer agrees to immediately reimburse Company for a portion of the Credit determined by multiplying the Credit by a fraction, the numerator of which is 54,000 less Customer's actual average monthly Measured Service charges and the denominator of which is 54,000.
10.05 Cancellation -
a. Commencing April 1, 1993 and continuing until June 30, 1993, Customer may cancel the Service without incurring any cancellation penalty by providing Company thirty (30) days advance written notice of such cancellation. Provided, however, Customer agrees to reimburse Company for any Credit (as described above) utilized by Customer through the effective date of the cancellation.
b. Commencing July 1, 1993 and continuing through the end of the Service Commitment Period, Customer may cancel the Service at any time, provided, however, Customer agrees to (i) reimburse Company for any portion of the Credit utilized by Customer through the effective date of the cancellation, (ii) reimburse Company for any Company Installation charges waived by Company, and (iii) pay Company an early termination charge equal to the amount of realized discounts under the Discount Schedule above applying the 3 Year Discounts and the amount of discounts Customer would have received applying Month-to-Month Discounts.
10.06 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
b. Provided Customer is not in default of its Agreement, Company agrees to waive any Company Installation charges.
11. OBSOLETE CONTRACT NO. 11
11.01 Services Provided - Obsolete Contract No. 11 provides for DS-0 Private Lines between Company City Pairs, one of which must be New York City, New York.
11.02 Customer Commitment Period - To receive this Obsolete Contract No. 11, Customer must commit in writing to a Customer Commitment Period of greater than one (1) year. The Customer Commitment Period shall begin as of the first day of a calendar month mutually agreed to by Customer and Company.
11.03 Minimum Monthly Commitment - To receive this Obsolete Contract No. 11, Customer must commit in writing to a Minimum Monthly Commitment of $15,000 per month of Private Line Interexchange Service during the Customer Commitment Period.
11.04 Obsolete Contract No. 11 Rates - The following are the monthly rates for a DS-0 Private Line Interexchange Circuit under Option Contract Option No. 11 between Company City Pairs of which one city is New York City, New York:
V&H MILEAGE FIXED RATE PER V&H MILE
1 to 50 miles $ 48.06 plus $1.19
51 to 100 miles $ 81.40 plus $0.56
101 to 343 miles $103.45 plus $0.34
344 + miles $157.25 plus $0.18
All other rates (including nonrecurring charges) shall be in accordance with Company Tariff F.C.C. No. 4.
11.05 Discounts - No discounts of any kind, including term and volume discounts shall apply to the rates charged for DS-O Circuits between Company City Pairs of which one city is New York City, New York provided to Customer under this Option 11.
11.06 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 4 shall apply including the provisions regarding Revenue Plan Arrangements.
b. Customer may discontinue this Obsolete Contract No. 11 as set forth in Company Tariff F.C.C. No. 4 for Revenue Plan Arrangements using the Minimum Monthly Commitment set forth in Section II.1..03 preceding; Customer shall be liable, if applicable, for cancellation charges, Plan Termination Charges, Deficiency Charges and any other applicable charges as set forth in Company Tariff F.C.C. No. 4.
12. OBSOLETE CONTRACT NO. 12
12.01 Services Provided - Obsolete Contract No. 12 provides for dedicated and switched 800 Service and One Plus Service and Private Line Interexchange Service.
12.02 Service Commitment Period - To receive Obsolete Contract No. 12, Customer must commit in writing to a Service Commitment Period of thirty-six (36) months; no renewal options are available.
12.03 Obsolete Contract No. 12 Base Rates/Discounts - When the Customer commits to a Service Commitment Period of three (3) years, the following discounts apply to the Base Rates, calculated by using the Base Rates specified below. The Base Rates will be fixed throughout the Service Commitment Period.
AGGREGATE SERVICE COMMITMENT PERIOD/ DISCOUNTS
MONTHLY
VOLUME* Mo-To-Mo One-Year Two-Years Three-Years
$ 0.00 - $ 4,999.99 0% 7% 8% 10%
$ 5,000.00 - $ 9,999.99 5% 10% 12% 14%
$10,000.00 - $24,999.99 8% 12% 15% 18%
$25,000.00 - $49,999.99 10% 16% 18% 21%
$50,000.00 - $79,999.99 14% 18% 20% 25%
$80,000+ 19% 22% 25% 30%
* For purposes of determining Customer's Aggregate Monthly Volume, Customer may include four (4) times its Gross Private Line Interexchange Service charges provided under Company Tariff F.C.C.
No. 4.
Base Rates Per Minute
Switched $.165 Day, $.150 Nonday
Dedicated $.115 Day, $.105 Nonday
All other rates (including nonrecurring charges) shall be in accordance with Company Tariff F.C.C. No. 4.
12.05 Minimum Revenue Commitment - Customer agrees to a Minimum Revenue Commitment of $60,000 per month in Measured Service charges.
12.06 Credit - Under Obsolete Contract No. 12, Customer will receive a credit (the "Credit") in the thirteenth (13th) month equal to Customer's average Measured Service charges (excluding Local Access) for the preceding twelve (12) months.
12.07 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. Nos. 4 and 5 shall apply.
b. Customer may terminate the Service prior to the expiration of the Service Commitment Period at any time, provided, however, Customer will pay an early termination charge equal to the difference between the amount of realized discounts under the Discount Schedule shown above applying the Three-Year Discount and the following described adjusted discount. The adjusted discount is based upon the months of actual Service divided by twelve (12). If the product of the division is greater than 1 but less than 2, the One-Year Discounts would apply as the adjusted discount. If the product of the division is greater than 2 but less than 3, the Two-Year Discounts would apply as the adjusted discount.
13. OBSOLETE CONTRACT NO. 13
13.01 Services Provided - Obsolete Contract No. 13 provides for dedicated and switched 800 Service and One Plus Service.
13.02 Service Commitment Period - To receive Obsolete Contract No. 13, Customer must commit to a three (3) year term; no renewal options are available.
13.03 Base Rate/Discounts - When the Customer commits to a Service Commitment Period of three (3) years, the following discounts apply to the Base Rates, calculated by using the Base Rates specified below.
Aggregate Monthly
Volume % Discount
$ 0.00 - $ 4,999.99 0%
$ 5,000.00 - $19,999.99 15%
$20,000.00 - $34,999.99 17%
$35,000.00 - $49,999.99 20%
$50,000.00 - $74,999.99 23%
$75,000.00 - $99,999.99 26%
$100,000+ 30%
Base Rates Per Minute
Switched $.175 Day, $.140 Nonday
Dedicated $.110 Day, $.102 Nonday
13.05 Minimum Revenue Commitment/Discounts - When the Customer commits to (i) a Minimum Revenue Commitment in the first six (6) months of the Service Commitment Period of at least $100,000 in Measured Service charges and at least $15,000 in monthly recurring private line interexchange service, and (ii) a Minimum Revenue Commitment in the remaining months of the Service Commitment Period of at least $250,000 in Measured Service charges and at least $40,000 in monthly recurring private line interexchange service, Customer will receive a thirty-seven percent (37%) discount applied to Customer's Base Rates specified above. In the event Customer does not meet the applicable commitments, then for the remainder of the Service Commitment Period, Customer will receive the discount shown above associated with Customer's actual Aggregate Monthly Volume. Further, at such time Customer will pay to Company the difference between the amounts paid Company taking into account the 37% discount and the amounts Customer would have paid Company based on Customer's actual Aggregate Monthly Volume.
13.06 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff F.C.C. No. 5 shall apply.
14. OBSOLETE CONTRACT NO. 14
14.01 Services Provided - Obsolete Contract No. 14 provides for dedicated Private Line Interexchange Service on the Company Network.
14.02 Service Commitment Period - To receive Obsolete Contract No. 14, Customer must commit in writing to a Service Commitment Period of one (1) year for such services; Customer has the option of extending the agreement for an additional one (1) year period at the same terms and conditions as the original terms. No further renewals will be allowed.
14.03 Credits - Company agrees to waive Interexchange and Local Access installation charges for new Service ordered within the first sixty (60) days of the Agreement, regardless of the installation date. Company agrees to waive (i) IXC installation charges and (ii) an amount not to exceed one (1) month's discounted IXC applied against the LEC installation charges, on any additional Service Customer orders during the term of the Agreement.
14.04 Minimum Revenue Commitment - Customer agrees to a Minimum Revenue Commitment of $19,000 per month in Interexchange Service charges.
14.05 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff FCC No. 4 shall apply.
b. Customer may discontinue Obsolete Contract No. 14 at any time during the Service Commitment Period, provided, however, Customer and Company agree that if Customer chooses to disconnect all or any portion of the Service having a one (1) year Service Commitment Period, Customer may do so without incurring cancellation liability, however, Customer will pay to Company the difference between the month to month rate and the one (1) year rate for the number of months the Service was provided.
c. Customer and Company agree that if Customer chooses to disconnect all or any portion of the Service, Customer will incur no cancellation liability provided thirty (30) days written notice of cancellation is given to the Local Exchange Carrier by Customer (or such longer time if required by a Local Exchange Carrier). If Customer does not give the required thirty (30) or ninety (90) day written notice, Customer will be liable for cancellation charges imposed by the Local Exchange Carrier.
15. OBSOLETE CONTRACT NO. 15
15.01 Services Provided - Obsolete Contract No. 15 provides for WilNet Bandwidth on Command ("WBOC") Service.
15.02 Service Commitment Period - To receive Obsolete Contract No. 15, Customer must commit in writing to a Service Commitment Period of three (3) years. Upon mutual agreement by Customer and the Company, the agreement may be extended.
15.03 Minimum Revenue Commitment/Discounts
a. By the thirty-first (31) month of the Service Commitment Period, Customer must maintain $50,000 per month in WBOC Service Charges ("Minimum Monthly Commitment"). For months one (1) through thirty (30) of the Service Commitment Period, Customer must meet the Minimum Monthly Commitments shown below and will receive a discount of thirty percent (30%) applied to the monthly WBOC Charges. Customer's private line interexchange Service charges will aggregate toward Customer's Minimum Monthly Commitment.
Month Min. Monthly Comm.
1 18 $ 0
19 24 $10,000
25 30 $30,000
31 36 $50,000
In the event Customer does not meet the Minimum Monthly Commitments shown above, Customer will receive the standard discount rate associated with the actual monthly WBOC charges.
b. The minimum monthly WBOC Service commitment ("Service Commitment") will be $250 per Customer location per city. The Service Commitment will be aggregated for all Customer locations so that in any given month, Customer will have satisfied its Service Commitment if actual charges equal or exceed an average of $250 per Customer location.
15.04 Credits
a. Provided that the Customer has no amounts past due for Service provided by the Company, Company shall waive installation and other non-recurring charges for Company provided Service. In addition, Company will waive local access company installation charges for the first ten (10) circuits ordered under this Obsolete Contract Option 15.
b. Company will grant Customer a credit ("Allowance Credit") for any material failure to meet the Technical Standards described in Company Tariff FCC No. 4. The Allowance Credit will be computed as 5% of the monthly cost of the affected Service for each hour (or portion thereof) of interruption of Service, with credit available up to ten (10) hours per day for not more than two (2) days in any month. In no event will the Allowance Credit exceed the amount of monthly charges for WBOC Service. No Allowance Credit will be granted if Company personnel are denied access to Customer premises to remedy an interruption. When an interruption is attributable solely to the Local Access provider, the Allowance Credit will be applied only to the Local Access charges.
15.05 Classifications, Practices and Regulations
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff FCC No. 4 shall apply.
b. In the event that WBOC Service base rates decrease within the first two (2) years of the Service Commitment Period, the Customer may obtain the new base rates by submitting a new Service Order for WBOC Service subject to a Service Commitment period equal to or greater than the Service Commitment Period of the Original Service. In the event that WBOC Service base rates decrease after completion of two years of the Service Commitment Period, Customer may obtain the new base rates by submitting a new Service order for WBOC Service subject to a Service Commitment period equal to or greater than one (1) year.
c. If Customer cancels WBOC service prior to expiration of the Service Commitment Period, Customer shall be liable for a termination charge equal to 25% of the monthly Commitment for the unexpired portion of the Service Commitment Period, ("Termination Charge"). The Termination Charge shall be payable in four (4) equal installments over the calendar year following the cancellation.
16. OBSOLETE CONTRACT NO. 16
16.01 Services Provided - Obsolete Contract No. 16 provides for WilNet Bandwidth on Command ("WBOC") Service.
16.02 Service Commitment Period - To receive Obsolete Contract No. 16, Customer must commit in writing to a Service Commitment Period of three (3) years.
16.03 Minimum Revenue Commitment - Customer must maintain $4,500 in WBOC usage charges per each three (3) month period of the Service Commitment Period ("Quarterly Commitment"). In the event actual usage charges are less than the Quarterly Commitment, the Customer will be billed the difference between actual usage and the Quarterly Commitment.
16.04 Classifications, Practices and Regulations - Except as otherwise provided, the rates and regulations set forth in Company Tariff FCC No. 4 shall apply.
16.05 Credits -
a. All installation charges are waived for WBOC Service provided under this Obsolete Contract No. 16.
b. The Quarterly Commitment will be credited $1,500 in the first three (3) month period ("First Quarter") of the Service Commitment Period, resulting in a Quarterly Commitment of $3,000 for the First Quarter only.
17. OBSOLETE CONTRACT NO. 17
17.01 Services Provided - Obsolete Contract No. 17 provides for WilNet Bandwidth on Command ("WBOC") Service.
17.02 Service Commitment Period - To receive Obsolete Contract No. 17, Customer must commit in writing to a Service Commitment Period of five (5) years. Company must notify Customer in writing not less than twelve (12) months before the scheduled expiration of the initial term that the Company will not extend the agreement. If Customer is not so notified, Customer may extend the terms of this Obsolete Contract No. 17 for successive periods of one year ("One-Year Extensions"), unless Customer notifies Company not less than 120 days preceding the expiration of any then current term.
17.03 Minimum Revenue Commitment/Discounts/Rates
a. Commencing with the initial Service Commitment Period and each month thereafter through the expiration of the initial Service Commitment Period and any One-Year Extensions, Customer will pay the greater of (i) $5,000 each month ("Minimum Revenue Commitment"), or (ii) actual WBOC usage charges net of all discounts.
b. The following discounts will apply to WBOC usage charges:
Total Monthly Percentage
Charges Discount
$0 - $ 9,999 0.0%
$10,000 - $24,999 10.0%
$25,000 - $49,999 12.5%
$50,000 - $99,999 17.5%
$100,000 + 22.5%
c. Following are the hourly and monthly usage charges for WBOC Service:
64 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 10.00 0.0000 75.00 0.0000
1 - 50 11.25 0.0188 85.83 2.1250
51 100 11.25 0.0188 145.35 1.0000
101- 350 26.25 0.0075 184.73 0.6000
351- 500 26.25 0.0075 280.80 0.3250
501 60.00 0.0030 280.00 0.3250
128 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 15.00 0.0000 125.00 0.0000
1 - 50 16.87 0.1125 163.05 4.0375
51 100 16.87 0.1125 276.16 1.8875
101- 350 39.38 0.0113 350.98 1.1375
351- 500 39.38 0.0113 533.53 0.6000
501 90.00 0.0045 533.53 0.6000
192 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 20.00 0.0000 187.50 0.0000
1 - 50 22.50 0.0015 244.59 6.0625
51 100 22.50 0.0015 414.25 2.8375
101- 350 52.50 0.0150 526.46 1.7125
351- 500 52.50 0.0150 800.28 0.9125
501 120.00 0.0060 800.28 0.9125
256 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 25.00 0.0000 250.00 0.0000
1 - 50 26.25 0.0438 308. 7.6625
51 100 26.25 0.0438 523.26 3.5750
101- 350 61.25 0.0175 665.01 2.1625
351- 500 61.25 0.0175 1010.88 1.1500
501 140.00 0.0070 1010.88 1.1500
c. Following are the hourly and monthly usage charges for WBOC Service:
384 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 30.00 0.0000 375.00 0.0000
1 - 50 34.20 0.0570 450.55 11.1750
51 100 34.20 0.0570 763.09 5.2125
101- 350 78.75 0.0225 969.81 3.1500
351- 500 78.75 0.0225 1474.20 1.6750
501 180.00 0.0090 1474.20 1.6750
512 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 35.00 0.0000 500.00 0.0000
1 - 50 37.80 0.0630 583.56 14.4750
51 100 37.80 0.0630 988.38 6.7625
101- 350 87.50 0.0250 1256.13 4.0750
351- 500 87.50 0.0250 1909.44 2.1625
501 200.00 0.0100 1909.44 2.1625
768 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 40.00 0.0000 625.00 0.0000
1 - 50 45.00 0.0750 823.86 20.4250
51 100 45.00 0.0750 1395.36 9.5375
101- 350 105.00 0.0300 1773.36 5.7625
351- 500 105.00 0.0300 2695.68 3.0625
501 240.00 0.0120 2695.68 3.0625
1.5 Kbps HOURLY USAGE RATES MONTHLY USAGE RATES
Hourly Hourly Monthly Monthly
Mileage Fixed Per Mile Fixed Per Mile
0 50.00 0.0000 1250.00 0.0000
1 - 101 60.00 0.1000 1312.50 8.7500
101- 250 140.00 0.0400 1687.50 8.7500
251- 500 320.00 0.0150 1687.50 7.1250
501 60.00 0.0030 280.00 7.1250
17.04 Classifications, Practices and Regulations -
a. Except as otherwise provided, the rates and regulations set forth in Company Tariff FCC No. 4 shall apply.
b. In the event of a decrease in WBOC Service base rates, the Customer may obtain the new base rates by submitting a new Service Order for WBOC Service subject to a Service Commitment period equal to or greater than the Service Commitment Period of the Original Service. In the event that the Customer elects to obtain a reduction in charges ("Account Adjustment") on more than one occasion within any consecutive twelve (12) month period, Customer will pay an administrative fee of $5,000 for each additional Account Adjustment.
c. A per session charge of $100.00 will apply for the use of the static video bridge and audio bridge for multipoint sessions, in addition to other WBOC charges.
d. A per hour charge of $15.00 per hour will apply for out-of-band return audio transmission service for each continental U.S. site included in a multipoint session by the audio conference bridge.
e. A facility assurance charge of $25.00 will apply on a per site basis for session which include the WBOC Facility Assurance ancillary service function.
17.05 City Availability - Upon written notice from the Customer received by the Company no later than March 1, 1991, Company will provide WBOC Service to Customer locations in Alaska. Company will charge the Customer non-recurring charges for the software modifications and hardware of $12,500 Software and $27,011 Hardware. Software including modifications will at all times remain the exclusive property of the Company; ownership of the hardware will revert to the Customer upon the expiration or termination of Service provided under this Obsolete Contract No. 17.
III. OBSOLETE CONTRACT PROVISIONS
1. OBSOLETE CONTRACT PROVISIONS
1.01 Applicability - One or more of the following Obsolete Contract Provisions may apply to Private Line Services or Message Telecommunications Services, as the case may be, to the extent said provision(s) are set forth in Customer's respective agreement.
a. In the event Customer orders Service for a term greater than month-to-month and notifies Company that the Service will be provided to the Government, and after ordering said Service, the Customer provides proof, in writing, that the Government has canceled such Service, Customer shall not be liable for any cancellation charges except to the following extent: Customer shall reimburse Company any actual non-recoverable costs incurred by Company to the extent Customer is entitled to reimbursement from the Government pursuant to Federal Acquisition Regulation 252.237-7412 or any successor regulation.
b. Following Start of Service, the cancellation charge shall be an amount equal to one (1) month's Interexchange Service charge for the Service in question (unless Company has waived the installation charges) less monthly Interexchange Service charges for such Service actually provided to Customer. In the event Company has waived the installation charges for certain Service, the cancellation charge will be equal to six (6) months' Interexchange Service charges; provided, Customer shall have the option of repaying the waived installation charges.
c. Following Start of Service, the cancellation charge shall be an amount equal to three (3) month's Interexchange Service charge for the Service in question (unless Company has waived the installation charges) less monthly Interexchange Service charges for such Service actually provided to Customer through the effective date of such cancellation (but in no event less than zero).
d. Prior to Start of Service, the cancellation charge shall be an amount equal to one (1) month's Interexchange Service charge for the Services in question plus all non-recurring charges which would have otherwise been due (e.g., installation) upon Start of Service and any actual costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation which are verified by Company.
e. In the event Customer cancels Service within the first one hundred and eighty (180) days of its existence, Customer shall pay Company the difference between the charges taking into account the One-Year Discounts and the charges taking into account the Month-to-Month discounts for the period of time the Service was in existence.
f. When Start of Service for any Interexchange or Ancillary Service is delayed (due solely to the fault of Company) for more than twenty- seven (27) or thirty (30) days (as set forth in Customer's respective agreement) following the Requested Start Date, Customer shall have the right to cancel the Service without incurring any cancellation charge if Start of Service is not subsequently achieved on or before three (3) business days (Monday through Friday excluding national holidays) following written notice to Company.
g. Provided Customer's Interexchange Service has been in effect for four (4) months and said Service is specifically identified as "Qualified for V.F. Network Configuration", Customer may cancel said Service without incurring any cancellation liability subject to the following conditions:
(1) Customer's aggregate Monthly Interexchange Service is at least $10,000 or $22,000 (as set forth in Customer's respective agreement) in the billing periods immediately preceding and immediately following the date of cancellation.
(2) The canceled Service is subject to a Service Commitment Period not greater than one (1) year, two (2) years or three (3) years (as set forth in Customer's respective agreement).
(3) Customer provides written notice to Company not less than thirty (30) working days in advance of the effective date of cancellation.
h. In the event any provisions of the Agreement are not met, Customer may, upon thirty (30) days written notice at the end of the first six-month period of the Agreement or at the end of any subsequent six-month period of the term of the Agreement, cancel the Agreement. Customer may also cancel the Agreement, at its discretion, at the end of the first thirty-six (36) months of the Agreement or at the end of any subsequent thirty-six month period of the term.
i. Monthly recurring charges for Interexchange Service during any automatic extension of the Agreement shall be at the Service Charges in effect at the time the Service Commitment Period expires.
j. In the event Customer renews its Agreement for an additional one-year Service Commitment Period, Company agrees to waive an amount equal to Customer's Monthly Interexchange Service charges on all Service in existence at the end of the original Service Commitment Period.
k. Customer may cancel all or a portion of the Service ("Canceled Service") without being subject to any cancellation charge under the following conditions:
(1) The aggregate of Customer's current monthly Interexchange Service charges before and after such cancellation are at least $6,000 or $8,1000 (as the case may be).
(2) The canceled Service ("Canceled Service") has been in existence for at least six (6) months.
(3) Customer provides Company notice, in writing, at least thirty (30) days in advance of the effective date of such cancellation.
(4) Customer submits an Order for other Service subject to a Service Commitment Period equal to or greater than the Service Commitment Period of the canceled Service ("Replacement Service").
(5) The Replacement Service is subject to Company's current published pricing or such other pricing as may be mutually agreed to by the parties.
(6) The Interexchange Service charges for the Replacement Service are at least equal to the Interexchange Service charges for the Canceled Service.
l. After a Service Order is accepted by Company, Customer may cancel all or a portion of the Service described therein if Customer provides written notification thereof to Company thirty (30) days in advance of the effective date of cancellation. In such case, Customer shall pay to Company all charges for Service provided through the effective date of such cancellation plus a cancellation charge determined as follows: (i) if the Service Commitment Period for the canceled Interexchange Service is one (1) year or less, then the cancellation charge shall be an amount equal to the balance of the monthly Interexchange Service charges (then in effect at the time of cancellation) for such canceled Interexchange Service that otherwise would have become due for the unexpired balance of the Service Commitment Period (but in no event less than zero); (ii) if the Service Commitment Period for the canceled Interexchange Service is longer than one (1) year and such cancellation becomes effective prior to completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to the balance of the monthly Interexchange Service charges (then in effect at the time of cancellation) for such canceled Interexchange Service that otherwise would have become due for the unexpired portion of first year of the Service Commitment Period plus ten percent (10%) of the balance of such monthly Interexchange Service charges for the remainder of the Service Commitment Period beyond the first year; and, (iii) if the Service Commitment Period for the canceled Interexchange Service is longer than one (1) year and such cancellation becomes effective after completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to ten percent (10%) of the balance of the monthly Interexchange Service charges (then in effect at the time of cancellation) for such canceled Interexchange Service that otherwise would have become due for the unexpired portion of the Service Commitment Period.
m. After a Service Order is accepted by Company, Customer may cancel all or a portion of the Service described therein if Customer provides written notification thereof to Company thirty (30) days in advance of the effective date of cancellation. In such case, Customer shall pay to Company all charges for Service provided the effective date of such cancellation plus a cancellation charge determined as follows: (i) if the Service Commitment Period for the canceled Interexchange Service is month-to-month then the cancellation shall be equal to one (1) month's Interexchange Service charge for the Service in question (unless Company has waived the installation charges less monthly Interexchange Service charges for such Service actually provided to Customer through the effective date of such cancellation (but in no event less than zero), (ii) if the Service Commitment Period for the canceled Interexchange Service is greater than month-to-month and the cancellation becomes effective prior to the completion of the first year, then the cancellation charge shall be an amount equal to the percentage set forth below corresponding with the then-current monthly Interexchange charges billed to Customer:
$ 0 - $24,999 80% of remaining first year charges
$25,000 - $34,999 40% of remaining first year charges
$35,000 - $50,000 20% of remaining first year charges
$50,000+ 10% of remaining first year charges
and, (iii) if the Service Commitment Period for the canceled Interexchange Service is greater than month-to-month and the cancellation becomes effective after completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to five percent (5%) of the balance of the monthly Interexchange Service charges (then in effect at the time of cancellation) for such canceled Interexchange Service that otherwise would have become due for the unexpired portion of the Service Commitment Period if the then-current monthly Interexchange Service charges are between $0 and $49,999 and $0 if the then-current monthly Interexchange Service charges are equal to or greater than $50,000.
n. The discount provided to Customer shall remain in effect throughout the Service Commitment Period including any extension thereof.
o. In the event (i) Customer notifies Company that the Service is to be provided between certain of Customer's facilities (ii) the Service Commitment Period is not greater than three (3) years and the Service has been in place for at least one (1) year, and (iii) Customer closes one or more of such facilities or reduces its work force at one or more of such facilities by at least fifteen percent (15%), and Customer notifies Company in writing of such event, Customer may cancel said Service without incurring any cancellation liability.
p. In the event Customer fails to pay Company's invoice in full on or before thirty (30) days after the Due Date, Customer shall also pay a late fee in the amount of the lesser of one percent (1%) or the maximum lawful rate under applicable state law.
q. In the event a Customer's business location(s) are closed or divested for business reasons and Interexchange Service to said location(s) is no longer required by Customer, Customer may cancel the Interexchange Service to said location(s) without incurring any cancellation liability provided Customer notifies Company, in writing, at least thirty (30) days prior to the effective date of cancellation. The notice must include evidence acceptable to Company that Customer's location(s) were (i) closed, (ii) sold to an entity which is not owned by, affiliated with, or under the operation or control of Customer, or (iii) sold to an entity which does not own or have a controlling interest in Customer.
r. Customer who purchases WilNet Bandwidth on Command ("WBOC") Service in Tampa, Florida or Sterling Forest, New Jersey may share local access of facilities among other users of WBOC Service. The cost of the shared facilities per customer location will be as follows:
Tampa, FL $350.00
Sterling Forest, NJ $600.00
s. Charges for WilNet Bandwidth on Command ("WBOC") Service shall not aggregate with charges for Company-provided private line interexchange Service for purposes of determining a Customer's aggregate discount level.