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Nextel® Terms and Conditions of Service

charges include, but are not limited to, a Universal Service Fund assessment and a Telephone Relay Service fee. Nextel also imposes a Federal Programs Cost Recovery (“FPCR”) fee that is not a tax or government mandated, but is kept by Nextel 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 up-front cost in offering Equipment to Customer. These costs are partially recouped over the length of Customer’s Agreement with Nextel through monthly service rate charges to Customer, which have been established in part for this purpose. If Customer breaches this Agreement or terminates Service for any reason (including by porting its Phone number to another service provider), Customer understands and acknowledges that Nextel will not

receive the full benefit of its Agreement with Customer, in part, because Nextel will not continue to receive monthly service charges from Customer. As a result, Nextel shall incur damages that are 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

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