8.
contractors, or users or third parties including, without limitation, the Customer’s employees or other
members of the public. The Charges may include: (a) non-recurring or one-time Charges that are
payable when the Service with which they are associated has been performed; (b) recurring Charges
which are not dependent on usage (which may be billed in advance); or (c) usage Charges billed after
cach usage cycle associated with the Service. [f an entity other than Consolidated Communications (e.g.,
another carrier or a supplier) imposes charges on Consolidated Communications in connection with the
Service, those charges, along with any applicable Charges, will be imposed on Customer, including,
without limitation, any early termination charges, all of which shall be included in the definition of
“Charges” hereunder.
Taxes and Surcharges.
6.1 Consolidated Communications’ Charges are exclusive of the following charges: (a) all applicable
federal, state, local, and foreign sales, use, excise, utility, gross receipts, value added or other taxes
(“Taxes”); and (b) all applicable surcharges, including, but not limited to, charges to recover
amounts Consolidated Communications is required or permitted by a governmental or quasi-
governmental authority to collect from others or pay to others in support of statutory or regulatory
funds or programs (“Surcharges”). Examples of Surcharges include, but, are not limited to,
Universal Service funding, license tax, permit fees, or franchise fees.
6.2 Consolidated Communications may elect to impose and collect such Taxes and/or Surcharges,
unless otherwise constrained by court order or applicable Laws. Customer agrees to pay all Taxes
and Surcharges imposed. If Customer provides Consolidated Communications with a duly
authorized exemption certificate, Consolidated Communications will exempt Customer in
accordance with applicable Laws, effective on the date Consolidated Communications receives the
certificate.
6.3. Any adjustment to, or imposition of, Taxes and Surcharges under this Section 6 may be made
without prior notice to Customer.
Billing and Payment. Consolidated Communications will invoice Customer monthly for Charges,
Taxes and Surcharges. Payments will be due thirty (30) days from the invoice date unless a different due
date appears on the invoice. Payments received after the due date may be subject to a late payment
charge of 1.5% per month or the maximum rate permitted by applicable Laws, whichever is lower, on all
overdue amounts until Customer’s account is current. Should Customer have a billing dispute, Customer
must provide notice to Consolidated Communications in writing within thirty (30) days of the invoice
date with an explanation of the disputed invoiced amount or else Customer will waive the right to
dispute the amount set forth on the invoice. In the event Customer timely disputes an invoiced amount,
Customer shall pay the undisputed portion of the invoice in accordance with this Section 7. If
Consolidated Communications determines that a disputed charge was billed correctly, payment is due
from Customer within five (5) days after Consolidated Communications advises Customer that the
dispute is denied. Customer shall pay the disputed amount by such date or commence Dispute
Resolution procedures under Section 16. Late payment charges on previously disputed amounts will
begin, as set forth above, following the expiration of the five (5) day period. Consolidated
Communications may assign unpaid delinquent charges to a collection agency for action. If
Consolidated Communications resorts to legal action to recover invoiced amounts due, Customer agrees
to reimburse Consolidated Communications for all expenses incurred to recover such monies (including
attorneys’ fees, court costs, and, if permitted under applicable Laws, amounts paid to third party
collection agencies), Customer authorizes Consolidated Communications to conduct a credit search
which Consolidated Communications will use to determine the credit worthiness of Customer, in its sole
discretion. Consolidated Communications may terminate this Agreement if, in the sole opinion of
Consolidated Communications, the results of such search are deemed unacceptable.
Service Termination by Customer. If Customer terminates the Service subsequent to the execution of
this Agreement by both parties, Customer shall pay all applicable Charges, Taxes and Surcharges for
