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or the Services; (iii) damage du e dir ectly or indire ctly
to causes beyond the control of Com pany, including,
but not limited to acts o f God, acts of the publ ic
enemy, acts of the government, acts or failu re to act
of the Customer, its agents, employees or
subcontractors, fires, floods, epidemics, quarantine
restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes, freight
embargoes, inability to obtain materials or services,
commotion, war, unusually severe weather
conditions or default of Com p any’s subcontractors
whether or not due to any such causes; or (iv) the
use of BOOST MOBILE Wireless Web Services,
including but not limited to the accuracy or utility of
any information acquir ed from the Internet thro ugh
BOOST MOBILE Wireless Web Ser vic es; or I ntern et
Services, Content o r Applications whet her or not
supported by Company . Without limiting the
foregoing, the Company’s sole liability for Service
disruption, whether caused by the neglig ence of the
Company or otherwise, is limited to a credit
allowance not exce eding an amount equal to the
proportionate charge to the Customer for the period
of Service disruption. EXCEPT AS OTHERWISE
SET FORTH IN THE PRECEDING SE NTENCE, IN
NO EVENT WILL THE COMPANY BE LIABL E FOR
ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT DAMAGES
ARISING OUT OF THE SERVICES, WHETHER
CAUSED BY ITS NEGLIGENCE OR OTHERWISE,
NOR FOR ECONOMIC LOSS, PERSON AL
INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD
PARTIES ARISING OUT OF THE SER VICES.
UNDER NO CIRCUMSTANCES WILL NEXTEL, IN
CONJUNCTION WITH WHICH THE COMPANY
PROVIDES THE SERVICES, BE LIABLE T O
CUSTOMER FOR ANY DAMAGES, OF AN Y KIND
WHATSOVER, REGARDLESS OF THE FORM OF
ACTION OR CAUSE OF ACTION, ARISING OUT
OF THE SERVICES. CUSTOMER IRR EVOCABLY
WAIVES ANY CLAIM YOU MIGHT OTHERW ISE
HAVE AGAINST NEXTEL ARISING O UT OF THE
SERVICES AND COVENANTS NOT TO MAKE OR
BRING ANY CLAIM OF ANY KIND AGAINS T
NEXTEL ARISING OUT OF THE SER VICES.
Customer agrees to indemnify, defend , and hold
Company and Nextel harmless from any Customer
violations of FCC rule s and regulations or Custo mer
violation of any statutes, ordinances or laws of any
local, state, or federal public authority. The terms of
this Section 14 will survive any termination or
expiration of this Agreement
15. RESOLUTION OF DISPUTES -. PL EASE
READ THIS SECTION CAREFULLY. IT AFFECTS
RIGHTS THAT YOU MAY OTHERWISE HA VE. IT
PROVIDES FOR RESOLUTION OF MOST
DISPUTES THROUGH ARBITRATION INSTEAD
OF COURT TRIALS AND CLASS ACTIONS.
ARBITRATION IS FINAL AND BINDING AND