117
WITHOUTLIMITING THE FOREGOING,
NEXTEL'S SOLE LIABILITY FOR SERVICE
DISRUPTION,WHETHER CAUSE D BY THE
NEGLIGENCEOF NEXTELOR OTHERWISE, IS
LIMITEDTO A CREDITALLOWANCE OFNOT
MORETHAN T HE PROPORTIONATE CHARGE
TOCUSTO MER FOR THE PERIOD OF SERVICE
DISRUPTION.EXCEPT AS OTHERWISE SET
FORTHIN THE PRECEDING SE NTENCE, INNO
EVENT SHALL NEXTEL BE LIABLE FOR
ACTUALDAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL,SPECIAL OR OTHER INDI RECT
DAMAGESCAUSED BY ITSNEGLIGENCE OR
OTHERWISE,NOR FOR ECONOMIC LOSS,
PERSONAL INJURIES OR PROPERTY DAMAGE
SUSTAINEDBY CUST OMER OR ANY THIRD
PARTIES.IF CUSTOMER IS PROVIDEDWITH A
CREDITALLOWANCE UNDER THIS SECTION,
NEXTELSHALL B ESU BROGATED TO ANY AND
ALLRIGHTS THAT CUSTOMER MAY HAVE
AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUTNOT LIMITED TO, ANY RIGHT CUSTOMER
MAYHAVE UNDER THE TELEPHONE
CONSUMERPRO TECTION ACT. THIS SECT ION
14 SHALL SURVIVE TERMINATION OF T HIS
AGREEMENT.
UNDERCERTAIN C IRCUMSTANCES, SOME
JURISDICTIONSMAY NOT RECOGNIZE OR
GIVEEFFECT, IN WHOLE OR INPART, TO
WARRANTYDISCLAIMERS A ND/OR
LIMITATIONSOFREMEDIES FORBREACH;
ANDTHEREFORE, TOTHE E XTENT THAT THE
DISCLAIMER SET FORTH IN SECTION 13 AND
THELIM ITATION OF REMEDIES IN SECTION 14
ARENO T PERMITTED BY APPLICABLE LAW,
THEYW ILL NOT APPLY TO CUSTOMER OR
SHALLONLY APPLYTO THE EXTENT
PERMITTED BY SUCH APPLICABLE LAW.
15.INDEMNIFICATION - Customershall
indemnify,defend, andhold Nextel harmless from
anyviolation by Customerof any applicable lawor
regulation. Customer will furth er indemnify Nextel
forany claim or demand, includingreasonable
attorneys'fees, madeby any third party due to or
arisingout of: (1) informationor Content that
Customersubmits, posts,transmits or makes
availablethrough theService; (2) Customer'suse
ofthe Service or Equipment;(3) Customer's
connectionto the Serviceor Equipment; (4)
Customer's violation of t his Agreement; or (5 )
Customer'sviolationof any rights of a third party.
16.D ISPUTE RESOLUTION - THIS SECTION
PROVIDESFORTHE RESOLUTION OF MOST
DISPUTESOR CLAIMS THROUGH
ARBITRATIONINSTEAD OF COURTTRIALS