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Nextel Terms and Conditions of Service

19.NO WARRANTY (EQUIPMENT) – COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED HEREUNDER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY CUSTOMER.

20.CERTAIN TERMS AND CONDITIONS REGARDING NEXTEL BUSINESS NETWORKS – There is no Group Call available on the Nextel Business Networks. There is no pooling of Nextel Direct Connect minutes between companies on the Nextel Business Networks. It is possible that participants on the Nextel Business Network could determine the private identification numbers of Customer’s units and be able to Private Call those units. It is also possible that users of Customer’s units could determine the private identification numbers of other Nextel Business Network participants and Private Call them.

21.NEXTEL ONLINE "GOLD" SERVICES - Nextel Online "Gold" Services are those Internet and data Services offered in conjunction with a Service plan using the suffix "Gold"; e.g. PacketStream Gold or PowerApps Gold. Company may charge an activation fee for each IP address for these Services. These services may be used only with mobile clients for Internet/intranet access and Internet e-mail via a standard HTML browser or proprietary client software for Public Wireless Web Service Providers and related mail clients. It may also be used with software for proxy applications, for dispatch applications, for POP3 email access, and for other use specifically approved by Nextel. These Internet and data Services may not be substituted for a private line or frame relay connection, or be used for streaming data feeds. Company reserves the right to deny service, without notice, to any Customer whose usage adversely impacts Company’s network, Systems or other subscribers’ use of Services.

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