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16. COMPLETE
AGREEMENT/SEVERABILITY/WAIVER – This
Agreement sets fo rth all of the agreem ents
between the parties concerning the Services and
purchase of the Equipment, and there are no oral
or written agreemen ts between them other tha n as
set forth in this Agreemen t. No amendment or
addition to this A greement shall be binding upon
this Company unles s it is in writing and s igned by
both parties (and, in the case of the Company, by
an officer of the Company). Should any provision
of this Agreement be found illegal or in
contravention of the law, such provision shall be
considered null an d void but the remain der of this
Agreement shall n ot be affected there by. The
failure of Company, at any time to require the
performance by Custom er of the provisions of this
Agreement shall n ot affect in any way the right to
require such performances at any later time, nor
shall the waiver by Company of a breach of any
provision hereof be taken or held to be a waiver of
compliance with or b reach of any other pr ovision or
a continuing waiv er of such provision .
17. ASSIGNMENT/RESALE/GOVERNING LAW –
This Agreement ma y be freely assigne d by
Company to any successor of it or any other firm or
entity capable of performing its obligations
hereunder, and u pon any such assi gnment,
Company shall be re leased from all ob ligations to
Customer. Customer may not assign this
Agreement, or res ell the services tha t are subject
to this Agreement withou t prior written consent of
Company. Subject to the restrictions contained
herein, this Agreement shall bind and inure to the
benefit of the successors and permitted assigns of
the parties hereto. The laws of the Commonwealth
of Virginia, without application of its conflicts of
laws principles, s hall govern this A greement.
18. NOTICE REGARDING USE OF SERVICE
FOR 911 OR OTHER EMERGENCY CALLS – The
Service provided hereunder does not interact with
911 and other emergency services in the same
manner as landline telephone service. Depending
on the circumstances of a particular call, the
Service provided hereunder may not be able to
identify your location to emergency services and
you may not always be connected to the
appropriate emergency services provider.
Additionally, the provision of 911 or other
emergency services may be conditioned on
payment of amounts to the governmental
authorities who im plement or coordin ate access to
such services, an d Customer agrees th at
Company may apportion and pass through such
amounts to Custom er, which shall be paid by
Customer when due, in c onnection with
Customer’s access to such 911 or other
emergency services, where available.
CUSTOMER AGREES TO HOLD COMPANY AND
NEXTEL HARMLESS AGAINST ANY AND ALL