120
Nextel®Termsand Conditionsof Service
CONSOLIDATED,CLAS S-WIDE OR
REPRESENTATIVE BASIS AND THAT IF
ARBITRATIONIS NOT CONDUCTED ON AN
INDIVIDUALBASIS, T HIS SECTION 16 SHALL
BEDEEM ED NULLA ND VOID. THE
ARBITRATORMAY AWARD INJUNCTIVE
RELIEFONLY IN FAVOROF THE IN DIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTEDBY THATPARTY'S INDIVIDUAL
CLAIM.IF FOR ANYREASON THE
ARBITRATIONCLAUSE SET FORTH IN THIS
AGREEMENT IS DEEMED INAPPLICABLE OR
INVALID, OR TO THE EXTENT THE
ARBITRATION CLAUSE ALLOWS FOR
LITIGATIONOF DISPUTES IN COURT,
CUSTOMER AND NEXTEL BOTH WAIVE, TO
THEF ULLEST EXTENT ALLOWED BY LAW,
ANYRIGHT TO PURSUE OR PARTICIPATE AS
APLA INTIFF OR AS A CLASS MEMBER IN ANY
CLAIMON A CL ASS OR CONSOLIDATED BASIS
ORI N A REPRESENTATIVE CAPACITY.
17.MISCELLANEOUS - Assignment- Customer
maynot assign all or anypart of this Agreement
(including any of its rights and d uties under the
Agreement) or sell or lease the Service to oth ers
without Nextel's prior written consent. Next el may
assign all or any part of this Agreem ent to any
successoror any other entitycapable of
performingNextel'sobligations under this
Agreementwithout obtainingCustomer's consent
orproviding notice to Customer.Nextel shall be
releasedfrom all liabilityupon assignment of this
Agreement. Customer s hall continue to be bound
bythe terms of this Agreementfollowing
assignment.
NextelAssociates - Nextel'ssubsidiaries, affiliates
andc ertain third party service providers (the
"NextelAssociates")may provide wireless
communicationservicesin support of Nextel from
time to time. All rights and protections afforde d to
Nextel by this Agreement are also af forded to the
NextelAssociates.
Notice- Notice to Customershall be considered
deliveredif sent by U.S.Mail addressed to the
most current address on file for C ustomer
(effectivethree (3) daysfollowing deposit inU.S.
Mail) or by electronic means suc h as email or text
messaging(effectiveimmediately upon
transmission).WrittennoticetoNextelmustbe
sufficient to identify Custome r and the Service and
shallbe considered deliveredwhen directed to
NextelCustomerCare department and receivedby
Nextel. Oral and electron ic notice to Nextel shal l be
considereddeliveredon the date reflected in
Nextel'sre cords. To ensure receipt of notice,
Customershall notify Nextelof any changes in
Customer'semail or mailingaddress.