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Boost MobileTM Terms and Conditions of Service

14.LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does not assume and shall have no liability for (i) failure to deliver the Equipment within a specified time period; (ii) unavailability or delays in delivery of the Equipment or the Services; (iii) damage due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure 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 Company’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 acquired from the Internet through BOOST MOBILE Wireless Web Services; or Internet Services, Content or Applications whether or not supported by Company. Without limiting the foregoing, the Company’s sole liability for Service disruption, whether caused by the negligence of the Company or otherwise, is limited to a credit allowance not exceeding an amount equal to the proportionate charge to the Customer for the period of Service

disruption. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT WILL THE COMPANY BE LIABLE 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, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES ARISING OUT OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL NEXTEL, IN CONJUNCTION WITH WHICH THE COMPANY PROVIDES THE SERVICES, BE LIABLE TO CUSTOMER FOR ANY DAMAGES, OF ANY KIND WHATSOVER, REGARDLESS OF THE FORM OF ACTION OR CAUSE OF ACTION, ARISING OUT OF THE SERVICES. CUSTOMER IRREVOCABLY WAIVES ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST NEXTEL ARISING OUT OF THE SERVICES AND COVENANTS NOT TO MAKE OR BRING ANY CLAIM OF ANY KIND AGAINST NEXTEL ARISING OUT OF THE SERVICES. Customer agrees to indemnify, defend, and hold Company and Nextel harmless from any Customer violations of FCC rules and regulations or Customer violation

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