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Nextel
®
Terms and Conditions of Service
omission of any carrier or service provider other
than Nextel; or (7) acts of God, acts of public
enemies, acts of the government, acts or failure to
act of Customer, its agents, employees or
subcontractors, fires, floods, epidemics, quarantine
restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes,
freight embargoes, inability to obtain materials or
services, commotion, war, terrorism, unusually
severe weather conditions or default of Nextel's
subcontractors.
WITHOUT LIMITING THE FOREGOING,
NEXTEL'S SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS
LIMITED TO A CREDIT ALLOWANCE OF NOT
MORE THAN THE PROPORTIONATE CHARGE
TO CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET
FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT SHALL NEXTEL BE LIABLE FOR
ACTUAL DAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS,
PERSONAL INJURIES OR PROPERTY DAMAGE
SUSTAINED BY CUSTOMER OR ANY THIRD
PARTIES. IF CUSTOMER IS PROVIDED WITH A
CREDIT ALLOWANCE UNDER THIS SECTION,
NEXTEL SHALL BE SUBROGATED TO ANY AND
ALL RIGHTS THAT CUSTOMER MAY HAVE
AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER
MAY HAVE UNDER THE TELEPHONE
CONSUMER PROTECTION ACT. THIS
SECTION 14 SHALL SURVIVE TERMINATION
OF THIS AGREEMENT.
UNDER CERTAIN CIRCUMSTANCES, SOME
JURISDICTIONS MAY NOT RECOGNIZE OR
GIVE EFFECT, IN WHOLE OR IN PART, TO
WARRANTY DISCLAIMERS AND/OR
LIMITATIONS OF REMEDIES FOR BREACH;
AND THEREFORE, TO THE EXTENT THAT THE
DISCLAIMER SET FORTH IN SECTION 13 AND
THE LIMITATION OF REMEDIES IN SECTION 14
ARE NOT PERMITTED BY APPLICABLE LAW,
THEY WILL NOT APPLY TO CUSTOMER OR
SHALL ONLY APPLY TO THE EXTENT
PERMITTED BY SUCH APPLICABLE LAW.
15. INDEMNIFICATION - Customer shall
indemnify, defend, and hold Nextel harmless from
any violation by Customer of any applicable law or
regulation. Customer will further indemnify Nextel
for any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of: (1) information or Content that
Customer submits, posts, transmits or makes
available through the Service; (2) Customer's use