95
Agreement, this Agreement shall go vern. IN
CONSIDERATION OF THE PAYMENTS AND
THE MUTUAL COVENANTS AND CONDITIONS
SET FORTH IN THIS AGREEMENT, NEXTEL
AND CUSTOMER AGREE AS FOLLOWS:
1. ACCEPTANCE OF THIS AGREEMENT -
Customer will have acc epted and be bound by this
Agreement if Custome r (1) provides Nextel wi th a
written or electronic s ignature; (2) otherwise
indicates electronically t hat Customer accepts; or
(3) activates Service t hrough the Equipment.
Creditworthiness of Customer - Customer must
complete a credit appli cation (“Credit Applicat ion”)
before Service may be provided to Custome r. THIS
AGREEMENT SHALL NOT BE EFFECTIVE
UNTIL NEXTEL APPROVES CUSTOMER’S
CREDIT APPLICATION AND OTHERWISE
ACCEPTS THE AGREEMENT. Customer
acknowledges that Nextel will rely on the credit
information furnished by Customer (“Credit
Information”) and Cu stomer’s credit history to
determine whether to pr ovi de S e rvic e to Cus t ome r.
Customer consents to Nextel’s requests for and
verification of Customer’s bank references and
authorizes Nextel to assess Customer’s
creditworthiness from time to time by contac ting
standard commercial credit re ference services.
Customer represents and warrants that all C redit
Information is current, complete and accurate.
Nextel may require Cu stomer to update its C redit
Information from time to time, an d Customer
agrees to notify Nextel immedi ately of any change
to its Credit Information. NEXTEL MAY, AT ANY
TIME, TERMINATE THE SERVICE OF ANY
CUSTOMER THAT DOES NOT PROVIDE
CURRENT, COMPLETE AND ACCURATE
CREDIT INFORMATION. Nextel may, at any time
in its sole discretion, place restrictions on
Customer’s use of Service, incl udin g but not limit ed
to, a limitation on the amount of charges Customer
may incur with respect to any N umber. In this
event, Nextel shall provide r easonable notice to
Customer. Customer ac knowledges that Next el
may provide Customer’s payment hi story a nd oth er
billing/charge information regarding the Service or
Equipment to any credit reporting agency or
industry clearinghouse .
Deposits - Nextel may, at any time in its sole
discretion, require a deposit (“Deposit”) from
Customer to be held as a guarantee of payment.
Customer grants to Nextel a se curi t y in te rest in any
Deposit to secure all current o r future amounts
owed to Nextel. The Deposit may b e mixed with
other funds and will not earn interest, except as
required by applicable law. Customer may not use
the Deposit to pay Customer’s b ills or to extend
payment. Nextel may, at any time, determine that
Customer’s Deposit is insuffici en t an d, up on notic e
to Customer, require an increase in the Deposit to