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government mandated, b ut is collected to rec over
Nextel'scosts for complyingwith Federal
CommunicationsCommission("FCC") programs
and mandates. The FPCR fee is subj ect to
adjustment,andN extelwill provide advancenotice
toCustomer through the "NextelNews" section of
Customer's bill or a bil l insert of any signific ant
increasein the FPCR fee.Please consult the
current Nextel pricing ma terials, a sales consult ant
orvisit http://www.Nextel.com for information
regardingthe FPCR feeand the current amountof
thefee. Additionalfees may be added to
Customer's bill to recove rN extel's costs for fun ding
governmentprogramsor initiatives.
EarlyTermination Componentof Rate Structure-
Nextelincurs a significantcost in activatingService
toC ustomer, including a large up-front cost i n
offeringEquipment toCustomer. These costs are
partiallyrecoupedover the length of Customer's
Agreement with Nextel throu gh monthly service
rate charges to Customer, which h ave been
establishedin part forthis purpose. If Customer
breaches this Agreemen t or terminates Ser vice for
anyreason (includingby porting its Phone number
toanother service provider),Customer
understandsandacknowledges that Nextelwill not
receivethe full benefitof its Agreement with
Customer,in part,because Nextel will not continue
torec eive monthly service c harges from Custo mer.
Asa result, Nextel shall incurdamages that are
difficult, if not impossi ble, to determine.
THEREFORE, IN THE CASE OF BREACH OR
EARLYTERMINA TION OF THE AGREEMENT BY
CUSTOMER, CUSTOMER SHALL PAY TO
NEXTEL,AS LIQUIDATED DA MAGES AND NOT
ASA P ENALTY (IN ADDITION TO ALL
AMOUNTSTHENOWEDTONEXTEL),$200
FOR EACH NUMBER ASSIGNED TO
CUSTOMER'SACCOUNT AS A REASONABLE
ESTIMATEOF THE DAMAGESINCURRED BY
NEXTEL.This is intendedto maintain Nextel's
overallrate at an acceptablelevel despite
Customer'searly terminationand will be assessed
without exception unless ot herwise provided in this
Agreementor by applicablelaw.
Failureto Pay - Customer acknowledgesthat time
iso f the essence with r espect to all amoun ts owed
toNextel. IF CUST OMER HAS NOT PAID ITS
MONTHLYINVOICE IN FULL BY THE DUE
DATE, AL ATE PAYMENT CHARGE OF UP TO
1.5%PER MONTH (18% ANNUALLY), OR SUCH
LESSER AMOUNT PERMITTED BY LAW, MAY
BEAPPL IED TO THE TOTAL UNPAID BALANCE
DUEAND OUTSTANDING. THIS LATE
PAYMENT CHARGE IS ASSESSED TO
RECOVERCOSTS FOR CUSTOMER'S FAILURE
TOPAY AND SHALL NOT CONSTITUTE
INTEREST.Nextel'sacceptance of late or partial
payments (even if marked "paid in full "or similar
notations)shall notwaive Nextel's right tocollect