Suspensions

Upon termination of your Service, NEXOGY may release to Customer’s new service provider the telephone number that Customer ported to NEXOGY 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, NEXOGY 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, NEXOGY 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 NEXOGY all fees and costs incurred by NEXOGY in collecting such amounts, including, but not limited to, collection costs and attorney's fees and costs. In addition, in the event NEXOGY terminates any Service and/or this Agreement pursuant to this paragraph, Customer shall pay NEXOGY within five (5) business days of termination all amounts owed to NEXOGY for the balance of the Term or respective term. In the event NEXOGY suspends or terminates a Service or this Agreement pursuant to this paragraph, Customer shall pay NEXOGY the price set by NEXOGY for phones, equipment, hardware or products financed or leased by NEXOGY to Customer, all third party charges paid or incurred by NEXOGY 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 NEXOGY 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 NEXOGY 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 NEXOGY is entitled to under this Agreement or applicable law.

2. In the event of termination of this Agreement by Customer, Customer shall payNEXOGY within five (5) business days all amounts owed toNEXOGY for the balance of the Term or respective term, the price set by NEXOGY for phones, equipment, hardware or products financed or leased by NEXOGY to Customer and all other amounts paid or owed to third parties by NEXOGY, 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 NEXOGY’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 NEXOGY for all fees and costs incurred by NEXOGY 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 NEXOGY 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 NEXOGY is not responsible for any claim or damages as a result of this non-accessibility.

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