government mandated, but is collected to recover Nextel's costs for complying with Federal Communications Commission ("FCC") programs and mandates. The FPCR fee is subject to adjustment, and Nextel will provide advance notice to Customer through the "Nextel News" section of Customer's bill or a bill insert of any significant increase in the FPCR fee. Please consult the current Nextel pricing materials, a sales consultant or visit http://www.Nextel.com for information regarding the FPCR fee and the current amount of the fee. Additional fees may be added to Customer's bill to recover Nextel's costs for funding government programs or initiatives.
Early Termination Component of Rate Structure - Nextel incurs a significant cost in activating Service to Customer, including a large
difficult, if not impossible, to determine.
THEREFORE, IN THE CASE OF BREACH OR EARLY TERMINATION OF THE AGREEMENT BY CUSTOMER, CUSTOMER SHALL PAY TO NEXTEL, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY (IN ADDITION TO ALL AMOUNTS THEN OWED TO NEXTEL), $200
FOR EACH NUMBER ASSIGNED TO CUSTOMER'S ACCOUNT AS A REASONABLE ESTIMATE OF THE DAMAGES INCURRED BY NEXTEL. This is intended to maintain Nextel's overall rate at an acceptable level despite Customer's early termination and will be assessed without exception unless otherwise provided in this Agreement or by applicable law.
Failure to Pay - Customer acknowledges that time is of the essence with respect to all amounts owed to Nextel. IF CUSTOMER HAS NOT PAID ITS MONTHLY INVOICE IN FULL BY THE DUE DATE, A LATE PAYMENT CHARGE OF UP TO 1.5% PER MONTH (18% ANNUALLY), OR SUCH LESSER AMOUNT PERMITTED BY LAW, MAY BE APPLIED TO THE TOTAL UNPAID BALANCE DUE AND OUTSTANDING. THIS LATE PAYMENT CHARGE IS ASSESSED TO RECOVER COSTS FOR CUSTOMER'S FAILURE TO PAY AND SHALL NOT CONSTITUTE INTEREST. Nextel's acceptance of late or partial payments (even if marked "paid in full" or similar notations) shall not waive Nextel's right to collect
133