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Nextel® Terms and Conditions of Service

retaining the same phone number; (4) list Customer's contact information (e.g., name, address, and Number) in a telephone or subscriber directory, or include such information in a directory assistance service; (5) provide handset-based or network-based geographic information services via Nextel-provided or third party software Applications; (6) comply with applicable law; or (7) respond to emergencies. Customer acknowledges that any information that identifies Customer (e.g., Customer's name and Number) and calls made by Customer may appear on the Equipment or bill of a person or party that receives Customer's call. Nextel may access, use, disclose, record or monitor any communications to or from Customer or any other person to protect Nextel's rights or property or those of other customers, as permitted by law.

Geographic Information Services - Consistent with the foregoing, Customer acknowledges and agrees that Nextel or a third party application service provider may access, use, and disclose to third parties the geographic location of Customer's Equipment to provide Customer with any geographic information service which Customer accesses through the Service or Equipment. If Customer utilizes any such service and there are additional users on Customer's account, Customer shall clearly, conspicuously, and regularly notify all individual users of the Service that location

information (i.e., the geographic coordinates of the Equipment) may be accessed, used, or disclosed in connection with the Service. For any geographic information service that is governed by the CPNI regulations or a similar law, Nextel will provide Customer with a separate notice and opportunity to consent to the access, use, and disclosure of geographic information. CUSTOMER SHALL HOLD HARMLESS AND INDEMNIFY NEXTEL AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING OUT OF A BREACH OF CUSTOMER'S OBLIGATION TO NOTIFY USERS AS SET FORTH IN THIS SECTION OR CUSTOMER'S USE OF ANY GEOGRPAHIC INFORMATION SERVICE OR LOCATION INFORMATION.

12.EQUIPMENT - Customer shall provide Nextel with an initial payment in the amount required by Nextel, to be applied towards any amount owed to Nextel one (1) year from the effective date of the Agreement. Customer acknowledges that Nextel is not responsible for the Equipment or its installation. Nextel is not responsible for the operation, quality of transmission, or, unless separate maintenance arrangements have been made between Nextel and Customer, for maintenance of the Equipment. Customer further acknowledges that Equipment purchased from Nextel is not compatible with and

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