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Services. Company, Content providers and others have proprietary interests in certain
Content. Customer shall not, nor permit others, to reproduce, broadcast, distribute, sell,
publish, commercially exploit or otherwise disseminate such Content in any manner
without 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, or destruction 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 prepay such premiums as required and shall furnish Company
with proof of such payment at the beginning of the Payment Term and upon the expiration
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 Equipment Sales 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 DAMAGE INSURANCE—If Customer selects Direct Protect insurance
protection, Company will remit the monthly charge for the 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
insurance shall be directed to Signal. Customer acknowledges having received a summary
of coverage, including deductible information, which is 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 that are 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; etc. Customer shall be
responsible for such charges regardless of whether the charge is imposed upon the sale of
equipment or services, upon Customer, or upon Company. If any such charge is
determined to be applicable and has not been paid by Customer before Customer accepts
delivery of equipment, Customer shall pay Company the full amount of any such charge
no later than ten (10) days after receipt of the invoice therefor.
13. COVERAGE AREA—Local Dispatch (Direct Connect), cellular calling, Nextel
Wireless Web Services, and respective coverage areas for these Services are subject to
change at any time at the sole discretion of Company.
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
Equipment within a specified time period; (ii) availability and delays in delivery of the