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Nextel Terms and Conditions of Service
Equipmentwithin a specified time period; (ii) availability and delays in delivery of the
Equipment; (iii) damage caused to the Equipment due directly or indirectly to causes
beyond the control of Company, including, but not limited to acts of God, acts of the
public enemy, acts of the government, acts orfailure to act of the Customer, its agents,
employees or subcontractors, fires,floods,epidemics,quarantine restrictions, corrosive
substances in the air orother hazardous environmentalconditions, strikes, freight
embargoes, inability to obtain materials or services, commotion, war, unusually severe
weather conditions or default ofCompany’ssubcontractorswhetheror notdueto anysuch
causes; or(iv) the use of Nextel Online Services,including but notlimited to the accuracy
or utility of any information acquired from the Internet through Nextel Online Services; or
Internet Services,Content or Applications whether or notsupported by Company.
Without limiting the foregoing, the Company’s sole liability for Service disruption,
whether caused by the negligence of the Company or otherwise, is limited to a credit
allowance not exceeding anamount equal to the proportionate charge to the Customer for
the period of Service disruption. EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT IS THE COMPANY LIABLE FOR
ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES. Customer agrees to
indemnify,defend, and hold Company harmless from any Customer violations of FCC
rules and regulations or Customer violation of any statutes, ordinances or laws of any
local, state, or federal public authority.
15. COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets
forth all of the agreements between the parties concerningthe Serviceand purchase of the
Equipment, and there are no oral or written agreements between them other than as set
forth in this Agreement. No amendment or addition to this Agreement shall be binding
upon this Company unless it is in writing and signed by both parties (and, in the case of
the Company, by an officer of the Company). Company shall not be bound by the terms
andconditionsinCustomer’s purchase order or elsewhere, unless expressly agreed to in
writing by anofficer of the Company. This Agreement becomes effective when accepted
bythe Company. Shouldany provisionof thisAgreement beillegalor in contravention of
the law, such provision shall be considered null and void but the remainder of this
Agreement shallnot be affected thereby. The failure of Company,at any time to require
the performance by Customer of the provisions of this Agreement shallnot affect in any
way the right to require such performances at any later time nor shall the waiver by
Company of a breach ofany provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or a continuing waiver of such
provision.
16. ASSIGNMENT/RESALE/GOVERNING LAW – This Agreement may be freely
assigned by Company to any successor of it or any other firm or entity capable of
performing its obligations hereunder, and upon any such assignment, Company shall be
released from all obligations to Customer. Customermay not assign thisAgreement, or
resell the services which are subject to this Agreement without prior written consent of
Company. Subject to the restrictions contained herein, thisAgreement shall bind and
inure to the benefit of the successors and permitted assigns of the parties hereto. This
Agreementshall be governed by the laws of the Commonwealth of Virginia.
17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS– TheServiceprovidedhereunderdoesnot interactwith911 andotheremergency
services in the same manner as landline telephone service. Depending on the