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Nextel® Terms and Conditions of Service

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 will not support services provided by other wireless carriers, except for those services provided by an entity operating compatible iDEN equipment or in connection with roaming to certain countries outside of the United States. NEXTEL SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGE TO THE EQUIPMENT) RESULTING FROM INSTALLATION OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY. UPON CUSTOMER’S ACCEPTANCE OF DELIVERY OF THE EQUIPMENT, ALL RISK OF LOSS, DAMAGE, THEFT, OR DESTRUCTION TO THE EQUIPMENT SHALL BE BORNE BY THE CUSTOMER. NO LOSS, DAMAGE, THEFT, OR DESTRUCTION OF THE EQUIPMENT, IN WHOLE OR IN PART, SHALL IMPAIR CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF SERVICE CHARGES DUE UNDER THE AGREEMENT.

Insurance - Customer may purchase Direct Protect insurance (“Direct Protect”) to protect Customer against loss, theft, incidental damage or accidents involving Customer’s Equipment. However, Direct Protect is not available for certain Equipment. Customer acknowledges that Direct Protect insurance is provided by The Signal Telecommunications Insurance Services (“Signal”) and not by Nextel. If Customer selects Direct Protect coverage, Customer will be assessed a monthly charge, which Nextel will remit to Signal on Customer’s behalf. Any requests for information or claims regarding Direct Protect shall be directed to Signal. Customer acknowledges that a summary of coverage is available at www.nextel.com, which information is also available by calling Signal at 1-888-352-9182.

Lost or Stolen Equipment - If Customer’s Equipment is lost or stolen, Customer agrees to:

(1)notify Nextel within two calendar days by calling Nextel’s Customer Care department; (2) provide Nextel with any documentation and information that it requests; and (3) otherwise cooperate with Nextel in the investigation of such incident.

13.DISCLAIMER OF WARRANTIES - NEXTEL MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,

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