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PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. CUSTOMER AND NEXTEL BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL AND NOT ON A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION 16 SHALL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, CUSTOMER AND NEXTEL BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

17.MISCELLANEOUS - Assignment - Customer may not assign all or any part of this Agreement (including any of its rights and duties under the Agreement) or sell or lease the Service to others without Nextel’s prior written consent. Nextel may assign all or any part of this Agreement to any successor or any other entity capable of performing Nextel’s obligations under this Agreement without obtaining Customer’s consent or providing notice to Customer. Nextel shall be released from all liability upon assignment of this Agreement. Customer shall continue to be bound by the terms of this Agreement following assignment.

Nextel Associates – Nextel’s subsidiaries, affiliates and certain third party service providers (the “Nextel Associates”) may provide wireless communication services in support of Nextel from time to time. All rights and protections afforded to Nextel by this Agreement are also afforded to the Nextel Associates.

Notice - Notice to Customer shall be considered delivered if sent by U.S. Mail addressed to the most current address on file for Customer (effective three (3) days following deposit in U.S. Mail) or by electronic means such as email or text messaging (effective immediately upon transmission). Written notice to Nextel must be sufficient to identify Customer and the Service and

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