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<br />(b) For a Default by Company. If Company materially defaults in the performance of any of its duties or obligations
<br />under this Agreement, which default is not substantially cured within thirty (30) days after written notice is given to
<br />Company specifying such default or, with respect to those defaults that cannot reasonably be cured within thirty
<br />(30) days, should Company fail to proceed within thirty (30) days to commence curing the default and thereafter to
<br />proceed with reasonable diligence to substantially cure the default, Customer may, by giving written notice thereof
<br />to Company, terminate this Agreement as of the date of receipt by Company of such notice or as of a future date
<br />specified in such notice of termination.
<br />
<br />4,4 Charges. If Services are terminated in accordance with this Agreement before the end of then current monthly billing cycle,
<br />(i) no credit or refund will be provided for unused airtime; and (ii) any monthly recurring charge will not be prorated to the date of
<br />termination.
<br />
<br />CREDIT REVIEW - This Agreement and Company's acceptance of Purchase Orders shall be contingent upon Company's review
<br />and approval of Customer's creditworthiness. Company may require Customer to update its credit information from time to time,
<br />Customer warrants and represents that all information furnished in connection with Customer's creditworthiness is current,
<br />complete, accurate, and true.
<br />
<br />EQUIPMENT AND INST ALLA TION - If the sale is for cash only, title to the Equipment shall be transferred to the Customer upon
<br />receipt by Company of a cashier's or certified check or other equally secure form of payment in the amount agreed to by the
<br />Parties hereunder. If Equipment is purchased on credit, title to the Equipment shall be transferred to the Customer upon
<br />Company's receipt of payment in full. Customer hereby (i) grants Company a security interest in the Equipment and any
<br />proceeds thereof in the amount of the sales price, (ii) agrees that this Agreement shall constitute a security agreement under the
<br />Uniform Commercial Code, and (iii), upon Company's request, agrees to execute a UCC-1 Financing Statement to be filed with
<br />the appropriate Secretary of State, Company shall not be liable to Customer for delays in delivery or unavailability of Equipment
<br />or any part thereof or for the cancellation of any orders of Equipment by the manufacturer. Customer, at its option, may have the
<br />Equipment installed by Company at Company's standard rates or other rates specifically agreed to between the Parties hereto.
<br />
<br />If Customer purchases the Equipment on a credit basis, installations, repairs, and removal of Equipment must be performed by a
<br />party authorized by Company. Company shall not be liable for any damage to Customer's vehicle(s) or Equipment which may
<br />result from installation of Equipment by any person who is not authorized by Company, If the sale of the Equipment is on a credit
<br />basis and the Customer accepts delivery of the Equipment, the Customer may not return the Equipment or receive a refund or
<br />any amounts paid, and agrees to continue making payments as required under this Agreement until the Equipment sale price is
<br />paid in full.
<br />
<br />CUSTOMER EQUIPMENT - Company is not responsible for the installation, operation, uali of transmission, or, except as may I
<br />be specified elsewhere in this Agreement, maintenance of the Equipment Company reserves right to change or remove
<br />assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business, Customer does not
<br />have any proprietary interest in such codes or numbers, If federal law requires portability of such codes or numbers, Company (
<br />may charge Customer a fee for this service. Federal and state laws make it illegal for third parties to listen in on service;
<br />however, complete privacy cannot be guaranteed.
<br />
<br />8 NEXTEL ONLINE SERVICES - Nextel Online Services, consisting of certain applications such as email, data, information and
<br />other wireless internet services (the "Applications") are part of the Services that can be obtained through Company, Certain
<br />Applications offered by Company or authorized third parties may be compatible with the EqUipment and/or the Service offered by
<br />Company, Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or
<br />will continue to be compatible, with Company's System or any of its Equipment or Service offerings, Such compatibility or
<br />approval from Company of compatibility shall not be construed as an endorsement of a particular Application or a commitment
<br />on the part of Company that Application(s) will continue to be compatible with the System, Equipment or Service for any period of
<br />time, Company reserves the right, in its sole discretion, to disable or discontinue any Application for any reason, Use of Nextel
<br />Online Services requires a wireless internet compatible phone, and is subject to any storage, memory or other Equipment
<br />limitation,
<br />
<br />Only certain internet sites may be accessed, and certain Nextel Online Services may not be available in all Company Service
<br />areas,
<br />
<br />9 APPLICATION CUSTOMER CARE AND SUPPORT - Customer acknowledges and agrees that in most cases, the developer of
<br />an Application is responsible for providing customer care and Application support to all Customers using the Application. In the
<br />event Customer contacts Company customer care with a problem concerning the use of an Application, Customer may be
<br />referred to the Application developer'S customer care, and Company shall have no obligation to support such Application.
<br />
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