have proprietary interests in certain Content. Customer shall not reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner, or permit others to do so, without the prior written consent of Company, Content providers, or others with proprietary interests in such Content, as applicable.
10.RISK OF LOSS: INSURANCE – Upon Customer’s acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder.
11.TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, “Charges”) that are imposed on telecommunications services, other services, and equipment or that are measured by gross receipts from the sale of telecommunications services and/or equipment. Such Charges shall include, but are not limited to: excise taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal service assessments, telephone relay service (TRS) assessments; recoveries or similar charges. Customer shall be
responsible for such Charges regardless of whether the Charge is imposed upon the sale of equipment or services, upon Customer, or upon Company. If any such Charge is determined to be applicable and has not been paid by Customer before Customer accepts delivery of equipment, Customer shall pay Company the full amount of any such Charge no later than ten (10) days after receipt of the invoice therefor.
12.COVERAGE AREA – Local Dispatch (BOOST
13.DEFAULT / TERMINATION - If you breach any representation to Company or fail to perform any of the promises you made in this Agreement, you will be in default and Company may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. You agree to pay all costs including reasonable attorneys fees, collection fees, and court costs Company may incur in enforcing this Agreement through any appeals.
14.LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does not assume and shall have no liability for (i) failure to deliver the Equipment within a specified time period; (ii) unavailability or delays in delivery of the Equipment
