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Nextel® Terms and Conditions of Service

considered delivered on the date reflected in Nextel’s records. To ensure receipt of notice, Customer shall notify Nextel of any changes in Customer’s email or mailing address.

Limitation on Third Party Beneficiaries - This Agreement is not for the benefit of any third party other than the Nextel Associates.

Governing Law - The laws of the state associated with the area code assigned to Customer’s Number will govern this Agreement, without regard to the conflict of laws rules of that state. This Agreement is also subject to applicable federal laws and federal or state regulations or tariffs

Entire Agreement - This Agreement and the policies to which it refers (e.g., return policy, Plan Information, and Payment Forms, to the extent such documentation may be applicable), form the entire Agreement between Customer and Nextel. There are no oral or written agreements between Customer and Nextel other than as set forth in this Agreement. If Customer is a business, Nextel shall not be bound by the terms and conditions included in Customer’s purchase orders or elsewhere, unless expressly agreed to in writing by a duly authorized officer of Nextel. If any provision of this Agreement is found to be illegal or otherwise invalid, the remainder of this Agreement will remain enforceable. If, at any time, Nextel fails to enforce any right or remedy under this Agreement

(including, but not limited to, a waiver of Nextel’s right to written notice under the Agreement), Nextel shall retain the right to enforce such right or remedy at a later time.

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