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Nextel® Terms and Conditions of Service

13.DISCLAIMER OF WARRANTIES - NEXTEL MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT CONCERNING CUSTOMER'S SERVICE OR THE EQUIPMENT. NEXTEL DOES NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY ON ITS BEHALF, AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT(S). ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY NEXTEL EMPLOYEES, AGENTS OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY NEXTEL OF ANY KIND. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR USE OF THE SERVICE AND THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT SERVICE MAY NOT BE ERROR-FREE AND THAT INTERRUPTIONS WILL LIKELY OCCUR FROM TIME TO TIME. NEXTEL DOES NOT MANUFACTURE THE EQUIPMENT AND ANY STATEMENT REGARDING THE EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

14.LIMITATION OF LIABILITY AND REMEDIES FOR BREACH - Nextel shall not be liable for: (1) any deficiency in the Service, including, but not limited to, mistakes, omissions, interruptions (including, among others, interruptions caused by Equipment or facilities failure or shortages), errors, failures to transmit, delays or defects, network problems, lack of coverage or network capacity, dropped calls, inability to access the Service or inability to place or receive calls or problems of unauthorized access; (2) the unavailability or any failure or delay in delivery of the Equipment or the cancellation of any orders of Equipment by the manufacturer; (3) any suspension or termination of Service by Nextel or any other action taken by Nextel in its sole discretion intended to protect the Nextel wireless network, systems, and the rights or property of Nextel, its Customers, or others from "hacking," "spamming," "viruses" or other potential harms that Nextel believes may adversely impact its network or systems; (4) the availability or use of Wireless Data Services, including but not limited to, the compatibility or use of Online Applications or Content, whether or not supported by Nextel, or any contact with third parties through the use of Wireless Data Services; (5) any damage or personal injury allegedly caused by use of the Equipment or Service; (6) any other damage due directly or indirectly to causes beyond Nextel's control, including, but not limited to, any act or

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