Nextel comm i58sr manual 184

completeness or utility of Content obtained through Nextel Online Services. Company, Content providers and others have proprietary interests in certain Content. Customer shall not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company, Content providers, or others with proprietary interests in such Content, as applicable.

10.RISK OF LOSS: INSURANCE – Upon Customer’s acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder. If the Equipment is purchased on an installment basis, or on credit, Customer agrees to maintain, for the term of this Agreement, at its own expense, comprehensive public liability and property damage insurance with respect to its use of the Equipment in an amount not less than the replacement value of the Equipment, naming Company as co-insured, with all losses payable to Company. Certificates, evidencing proof of such policy and payment of premiums, shall be delivered to Company prior to delivery or installment of the Equipment. Customer shall prepay such premiums as required and shall furnish Company with proof of such payment at the beginning of the Payment Term and upon the expiration of any Certificate. Any and all amounts received by the Company under any such policy shall be applied by Company against the amount of the Equipment Sales Price and any related charges or fees secured hereby. Failure to provide or maintain the insurance required above is a breach of the Agreement for which the Company shall be entitled to exercise any remedies it may have under this Agreement.

11.PROPERTY DAMAGE INSURANCE – If Customer selects Direct Protect insurance protection, Company will remit the monthly charge for the insurance which appears on Customer’s bill to The Signal Telecommunications Insurance Services (“Signal”) on Customer’s behalf. Customer acknowledges that insurance protection is offered by the Signal, not Company, and that any requests for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges having received a summary of coverage, including deductible information, which is also available by calling Signal at 1-888-352-9182.

12.TAXES, FEES, SURCHARGES & ASSESSMENTS – Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, "Charges") that are imposed on telecommunications services, other services, and equipment or that are measured by gross receipts from the sale of telecommunication services and/or equipment. Such Charges shall include, but are not limited to: excise taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal service assessments, telephone relay service (TRS) assessments; recoveries or similar charges. Customer shall be responsible for such Charges regardless of whether the Charge is imposed upon the sale of equipment or services, upon Customer, or upon Company. If any such Charge is determined to be applicable and has not been paid by Customer before Customer accepts delivery of equipment, Customer shall pay Company the full amount of any such Charge no later than ten (10) days after receipt of the invoice therefor.

13.COVERAGE AREA – Local Dispatch (Direct Connect), cellular calling, Nextel Online Services, and respective coverage areas for these Services are subject to change at any time at the sole discretion of Company.

14.LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the

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