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Boost Mobile® Terms and Conditions of Service

16.COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets forth all of the agreements between the parties concerning the Services and purchase of the Equipment, and there are no oral or written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall be binding upon this Company unless it is in writing and signed by both parties (and, in the case of the Company, by an officer of the Company). Should any provision of this Agreement be found illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time, nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision or a continuing waiver of such provision.

17.ASSIGNMENT/RESALE/GOVERNING LAW – This Agreement may be freely assigned by Company to any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any such assignment, Company shall be released from all obligations to Customer. Customer may not assign this

Agreement, or resell the services that are subject to this Agreement without prior written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties hereto. The laws of the Commonwealth of Virginia, without application of its conflicts of laws principles, shall govern this Agreement.

18.NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS – The Service provided hereunder does not interact with

911and other emergency services in the same manner as landline telephone service. Depending on the circumstances of a particular call, the Service provided hereunder may not be able to identify your location to emergency services and you may not always be connected to the appropriate emergency services provider. Additionally, the provision of 911 or other emergency services may be conditioned on payment of amounts to the governmental authorities who implement or coordinate access to such services, and Customer agrees that Company may apportion and pass through such amounts to Customer, which shall be paid by Customer when due, in connection with Customer’s access to such 911 or other emergency services, where available.

CUSTOMER AGREES TO HOLD COMPANY AND NEXTEL HARMLESS AGAINST ANY AND ALL

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