Where the Contract is terminated within the Minimum Period, date of termination will be the date of termination will be the Spend Measurement Date.

BT will apply the Annual Charge unless:

(a) The Contract is terminated and the circumstances set out in clauses 8.77.7 (a) to (c) of the Conditions apply; or

(b) The Contract is terminated because BT has increased the charges or changed the Contract, in either case to the Customer?s significant detriment, and:

(i) the Customer's termination occurs within 3 months of BT notifying the Customer of an increase in charges or a changes to the Contract to the Customer?s significant detriment; and

(ii) the Customer's Contributory Spend on the Spend Measurement Date (which will be the date of termination) is equal to or greater than the Committed Spend on a pro-rata basis.

In all other circumstances the following rules will apply:

• Termination within the first 12 months of the Minimum Period - where on the Spend Measurement Date the Customer's Contributory Spend is less than the Committed Spend due over the Minimum Period, an Annual Charge equal to 20% of the difference between the Customer's Contributory Spend and 80% of the Committed Spend due over the Minimum Period will be applied.
• Termination within the second 12 months of the Minimum Period - where on the Spend Measurement Date the Customer's Contributory Spend for the second 12 months of the Minimum Period is less than the Committed Spend applicable to the second 12 months of the Minimum Period, an Annual Charge equal to 20% of the difference between the Customer?s Contributory Spend for the second 12 months of the Minimum Period and 80% of the Committed Spend applicable to the second 12 months of the Minimum Period will be applied.