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right to change or remove assigned codes and/or numbers when such change is reasonably
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 shall not
be liable to Customer or to any third party for any eavesdropping on or interception of
communications from Company’s System.
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
hereunder as well as the performance of all other payment obligations Customer may have
to the Company whether now existing or hereafter rising. Upon termination of Service,
Company may apply the deposit against any outstanding Service charges of Customer or
any other amount owed to Company. Company reserves the right to interrupt Services if
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 is responsible to pay Company, on a timely basis,
for charges by Company for Service. Customer acknowledges that chargeable 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 must pay the entire amount set forth in the invoice by the due date and submit a
written explanation within forty-five (45) days from the date on the invoice. If Company
determines that an error was made on Customer’s invoice, Company shall credit
Customer’s account in the amount of the error. If Customer does not pay the amount in
dispute, Company may exercise any remedies it may have under this Agreement for non-
payment of Service charges. Company reserves the right to modify any and all elements of
the Service charges 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 the invoice, shall
be subject to late payment charges as set forth in this Agreement. 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. If Customer 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 the Equipment or receive
a refund or any amounts paid and agrees to continue making payments as required under
this Agreement until the Equipment sale price is paid in full.
6. NONPAYMENT/BREACH—A late payment charge of 1.5% (or the maximum interest
rate permitted by law) per month may be applied to Customer’s account if monthly