Motorola i736 manual Without Limiting the FOREGOING

Nextel® Terms and Conditions of Service

imposed on transactions subject to this Agreement. Customer will be responsible for such charges regardless of whether the Charge is: (a) imposed upon the sale of telecommunications services, other services, equipment, and/or other products; (b) measured by gross receipts from sales made by Company to Customer; (c) imposed upon the Customer or upon the Company; (d) imposed as a per-line or per-unit Charge. Such Charges include, but are not limited to: excise taxes; sales and transaction taxes; gross receipts taxes, utility taxes; universal service assessments; telephone relay service (TRS) assessments; and other regulatory fees and assessments. Customer shall not be responsible for taxes imposed on Company’s net income. If Customer claims an exemption from any such Charge, Customer must provide Company with valid and properly-executed documentation of such exemption before such exemption shall become effective. Customer must provide Company with the Customer’s Primary Place of Use of Company’s Service, as defined by Customer’s residential street address or primary business address.

15.COVERAGE AREA – Local Dispatch (Direct Connect), cellular calling, Nextel Online Services, and respective coverage areas for these Services are subject to change at any time at the sole discretion of Company.

16.LIMITATION AND CONDITION OF LIABILITY; INDEMNITY – Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the Equipment within a specified time period; (ii) availability and delays in delivery of the Equipment, or (iii) damage caused to the Equipment due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, terrorism, war, unusually severe weather conditions or default of Company’s subcontractors whether or not due to any such causes; (iv) the use of Nextel Online Services, including but not limited to the accuracy or utility of any information acquired from the Internet through Nextel Online Services; or Internet Services, Content or Applications whether or not supported by Company; or (v) any action Company takes in its sole discretion to protect Company’s network, systems, and the rights or property of Company, its subscribers, or others from “hacking,” “spamming,” “viruses ” or other acts of third parties that Company believes adversely impact its network or systems.

WITHOUT LIMITING THE FOREGOING, THE

128