DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. CUSTOMER ACKNOWLEDGES THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, AND AGREES TO HOLD COMPANY AND NEXTEL HARMLESS FOR ALL SUCH INTERRUPTIONS.

20.NO WARRANTY (EQUIPMENT) – NEITHER COMPANY NOR NEXTEL MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR NEXTEL MAKES ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST COMPANY AND NEXTEL ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL COMPANY, OR NEXTEL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY THEIR NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR

OTHERWISE PROVIDED HEREUNDER. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN.

CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY CUSTOMER.

21.DEFINITIONS – For purposes of this Agreement: 1) “Call Credit Validity Period” means the number of days, from the date of call credit activation until the date of call credit expiration, set out in the relevant rate plan; 2) “RE-BOOST Card” means the Boost Mobile card containing additional call credits which may be purchased from participating outlets or the voucher number and expiration date provided to customers when additional call credits are purchased without a card being provided, as applicable; 3) “Grace Period” means the 60 day period commencing on the date of Call Credit expiration, and ending on the date of account cancellation.

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