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time to require the performance by Customer of the
provisions of this Agr eement shall not affect in any
way the right to r equire such perform ances 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 breach of any
other provision or a continuing waiver of such
provision.
17. ASSIGNMENT/RESALE/GOVERNING LAW –
This Agreement ma y be freely assigned by
Company to any successor of it or any other firm or
entity capable of performing its obligations
hereunder, and up on any such assignme nt,
Company shall be re leased from all oblig ations to
Customer. Customer may not assign this
Agreement, or resell the servi ces that are subject to
this Agreement without p rior written consent of
Company. Subject to the restrictions contained
herein, this Agreement shall b ind 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 conf licts of laws
principles, shall g overn this Agreeme nt.
18. NOTICE REGARDING USE OF SERVICE FOR
911 OR OTHER EMERGENCY CALLS – The
Service provided hereu nd er do es not interact with
911 and other emergency se rvices in the same
manner as landline telephone service. Depending
on the circumstan ces of a particular cal l, the Service
provided hereunder may not be abl e to identify your
location to emergency services and you may not
always be connecte d to the appropriate emergency
services provider. Additionally, the provision of 911
or other emergency services may be co nd iti one d on
payment of amounts to t he go ver n ment al au thor i tie s
who implement or coordinate access to such
services, and Customer ag rees that Company may
apportion and pass through such amounts to
Customer, which sh all be paid by Cust omer when
due, in connection with Customer’s access to such
911 or other emergency serv ic e s, whe re available.
CUSTOMER AGREES TO HOLD COMPANY AND
NEXTEL HARMLESS AGAINST ANY AND ALL
CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF
ACTION (INCLUDING ALL ACTIONS BY THIRD
PARTIES) ARISING OUT OF THE USE O R
ATTEMPTED USE OF THE COMPANY’S
SERVICE TO ACCESS 911 OR OTHER
EMERGENCY SERVICES.
19. NO WARRANTY (SERVICE) – NEITHER
COMPANY NOR NEXTEL MAKES ANY
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE TO
CUSTOMER IN CONNECTION WITH ITS USE OF
THE SERVICE. IN NO EVENT SHALL C OMPANY
OR NEXTEL BE LIABLE FOR INCIDEN TAL,
CONSEQUENTIAL OR OTHER INDIRECT