Suspensions

Upon termination of your Service, LD TELECOM may release to Customer’s new service provider the telephone number that Customer ported to LD TELECOM from Customer’s previous service provider and used in connection with the Services if the new service provider is able to accept the number, Customer’s account is completely current through termination and Customer requests the transfer in writing upon termination of its Service.

1. Either party may terminate any Service and/or this Agreement in the event the other party commits a material breach of this Agreement and such breach remains uncured for twenty (20) days following receipt of written notice from the non-breaching party specifying the breach. Also, LD TELECOM may terminate any Service and/or this Agreement immediately and without notice if Customer makes any assignments of assets or business for the benefit of creditors, or a trustee or receiver is appointed to conduct its business or affairs. In addition, LD TELECOM may immediately suspend any Service and/or terminate any Service and/or this Agreement in the event that Customer fails to pay any amounts due to LD TELECOM or Customer violates any of its obligations set forth in Section 4 or 5 of this Agreement. If any Service is suspended or the Agreement terminated due to non-payment, Customer shall pay to LD TELECOM all fees and costs incurred by LD TELECOM in collecting such amounts, including, but not limited to, collection costs and attorney's fees and costs. In addition, in the event LD TELECOM terminates any Service and/or this Agreement pursuant to this paragraph, Customer shall pay LD TELECOM within five (5) business days of termination all amounts owed to LD TELECOM for the balance of the Term or respective term. In the event LD TELECOM suspends or terminates a Service or this Agreement pursuant to this paragraph, Customer shall pay LD TELECOM the price set by LD Telecom for phones, equipment, hardware or products financed or leased by LD TELECOM to Customer, all third party charges paid or incurred by LD TELECOM as a result of the termination or suspension and arising out of this Agreement, including without limitation the Data Service Termination Fee set forth on Exhibit A and charged if the Data Service is terminated on or before the Installation Date (there may be additional fees charged by third parties for termination of the Data Service), and all other amounts paid or owed to third parties by LD TELECOM in connection with the purchase, lease or providing of phones, hardware, equipment or products to Customer as a result of this Agreement. Customer shall also pay for all fees and costs incurred by LD TELECOM in collecting the foregoing amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies LD TELECOM is entitled to under this Agreement or applicable law.

2. In the event of termination of this Agreement by Customer, Customer shall pay LD TELECOM within five (5) business days all amounts owed to LD TELECOM for the balance of the Term or respective term, the price set by LD Telecom for phones, equipment, hardware or products financed or leased by LD TELECOM to Customer and all other amounts paid or owed to third parties by LD TELECOM, including without limitation the Data Service Termination Fee set forth on Exhibit A and charged if the Data Service is terminated on or before the Installation Date (there may be additional fees charged by third parties for termination of the Data Service) and all other amounts in connection with the purchase, lease or providing of phones, hardware, equipment or products to Customer as a result of this Agreement, except that, without limiting LD TELECOM’S rights under paragraph 8(a) above, in the event Customer terminates only the Data Service for any reason, Customer shall only pay the Data Service Termination Fee set forth on Exhibit A. Customer shall also pay LD TELECOM for all fees and costs incurred by LD TELECOM in collecting such amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies LD TELECOM is entitled to under this Agreement or applicable law.

3. Customer acknowledges and understands that Service suspension or termination under this Agreement will prevent Customer from using the Services including access to 911 dialing and LD TELECOM is not responsible for any claim or damages as a result of this non-accessibility.

4. At any time, Customer may request from LD TELECOM specific third party charges or fees LD TELECOM has paid or may be responsible for in the event of termination of this Agreement. Third party charges incurred by LD TELECOM, including without limitation the Data Service Termination Fee set forth on Exhibit A, may change from time to time pursuant to LD TELECOM’s agreement with the third party provider(s)