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rightto change orremoveassignedcodes and/ornumberswhen suchchangeisreasonably
necessary in the conduct of its business. Customer does not have any proprietary interest
in such codes or numbers. Although Federal and state laws may make it illegal for third
parties to listen in on service, complete privacy cannot be guaranteed. Company shallnot
be liable to Customer or to any third party for any eavesdropping on or interception of
communications from Company’sSystem.
4. DEPOSITS – Company has the right, exercisable in its sole discretion at any time or
from time to time, to require Customer to make a deposit to guarantee payment of sums
due hereunder, including Service charges. Customer hereby grants Company, as
applicable, a security interest in such deposits, to secure the payment of all sums due
hereunderas well astheperformanceof all otherpayment obligationsCustomermay have
to the Company whether now existing or hereafter rising. Upon termination of Service,
Company may apply the depositagainst any outstanding Service charges of Customer or
any other amount owed to Company.Company reserves the right to interruptServicesif
Service appears to have excessive charges, payments are delinquent, or any unusual
calling patterns are observed on Customer’s account. Such interruption may be done to
protect Customer or Company as the Company determines in its sole discretion, but in no
event shall the Company be liable to the Customer or to any third party by reason of
interrupting or failing to cause an interruption of Service.
5. RATES, CHARGES, AND PAYMENT – Company shall issue invoices for Service.
Monthly Access charges shall be invoiced in advance. Airtime and long distance charges
shall be invoiced in arrears. Customer agrees to pay Company, on a timely basis, for
charges by Company for Service. Customer acknowledges thatchargeable time for
telephone calls and Nextel Direct Connect call transmissions originated by a unit begin
when a connection is established with Company facilities. A new Nextel Direct Connect
call is initiated by a call participant if that participant responds more than six (6) seconds
after the other party finishes its Nextel Direct Connect transmission. Customer accepts
responsibility for Airtime charges from incoming telephone calls to its mobile unit from
the time that Customer responds to the call. If Customer disputes any Service charges,
Customer mustpay the entire amount setforth in the invoice by the due date andsubmit a
written explanation within forty five (45) days from the date Company charges Customer
for the disputed Service. IfCompany determines that an error was made with respect to
any disputed Service charges, Company shall creditCustomer’s account in the amount of
the error. If Customer does notpay the amount in dispute owed to Company, Company
may exercise any remediesit may haveunder this Agreement for non-paymentof Service
charges.Company reservestherightto modifyany andallelementsof theServicecharges
at any time and each such modification shall be effective immediately upon the
Company’s communication thereof to Customer,unless the Company’s communication
indicates a later effective date with respect to such modification. Payments which are not
received within thirty (30) days from the date of Company’s communication thereof to
Customer, Customer shall be subject to late paymentcharges of 1.5% ofthe disputed
Service charges (or the maximum interest rate permitted by law). The late payment
charge is for costs related to the non-timely paymentand shall not be deemed an interest
payment. If the parties have agreed that payments are to be made in installments, or on
credit, Customer shall be responsible for paying amounts due as agreed. IfCustomer does
not make all payments when they are due, such failure shall be a default under this
Agreement and Company shall be entitled to exercise any remedies it may have under this
Agreement or at law or in equity. If the sale of the Equipment is on a credit or installment
basis and the Customer accepts delivery of the Equipment, the Customer may not return