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completeness or utility of Content obtained through Nextel Online Services. Company,
Content providers and others have proprietary interests in certainContent. Customer shall
not, nor permit others, to reproduce,broadcast, distribute, sell, publish, commercially
exploit or otherwise disseminate such Contentin any mannerwithout the prior written
consent of Company, Content providers, or others with proprietary interests in such
Content, as applicable.
10. RISK OF LOSS: INSURANCE – Upon Customer’s acceptance of delivery of the
Equipment, all risk of loss,damage, theft, ordestruction to the Equipment shall be borne
by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole
or part, shall impair the obligations of Customer hereunder, including, without limitation,
responsibility for the payment of Service Charges due hereunder. If the Equipment is
purchased on an installment basis, or on credit, Customer agrees to maintain, for the term
of this Agreement, at its own expense, comprehensive public liability and property
damage insurance with respect to its use of the Equipment in an amount not less than the
replacement value of the Equipment, naming Company as co-insured, with all losses
payable to Company. Certificates,evidencing proof of such policy and payment of
premiums, shall be delivered to Company prior to delivery or installment of the
Equipment. Customer shall prepaysuchpremiums as required andshallfurnish Company
withproof ofsuchpayment atthe beginningof the Payment Termand upon theexpiration
of any Certificate. Any and all amounts received by the Company under any such policy
shall be applied by Company against the amount of the EquipmentSales Price and any
related charges or fees secured hereby. Failure to provide or maintain the insurance
required above is a breach of the Agreement for which the Company shall be entitled to
exercise any remedies it may have under this Agreement.
11. PROPERTY DAMAGEINSURANCE – IfCustomerselectsDirect Protect insurance
protection, Company will remit the monthly charge forthe insurance which appears on
Customer’s bill to The Signal Telecommunications Insurance Services (“Signal”)on
Customer’s behalf. Customer acknowledges that insurance protection is offered by the
Signal, not Company, and that any requests for information or claims regarding the
insuranceshallbe directedto Signal. Customeracknowledgeshavingreceived asummary
ofcoverage,including deductible information, whichis also available by calling Signal at
1-888-352-9182.
12. TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for
all federal, state,and local taxes, fees,surcharges, and other assessments (collectively,
"Charges") that are imposed on telecommunications services,other services,and
equipment or thatare measured by gross receipts from the sale of telecommunication
services and/or equipment. Such Charges shall include, but are not limited to: excise
taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal
service assessments, telephone relay service (TRS) assessments; recoveries or similar
charges. Customershallbe responsible forsuch Chargesregardlessof whethertheCharge
is imposed upon the sale of equipment or services, upon Customer, or upon Company. If
any such Charge is determinedto beapplicable and has not beenpaid by Customerbefore
Customer accepts delivery ofequipment, Customer shall payCompany the fullamount of
any such Charge no later than ten (10) days after receipt of the invoice therefor.
13. COVERAGE AREA – Local Dispatch (DirectConnect), cellular calling, Nextel
Online Services,and respective coverage areas for these Services are subject to change at
any time at the sole discretion ofCompany.
14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does
not assume and shall have no liability under the Agreement for (i) failure to deliver the