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Customer’s Deposit is in su ffi ci en t and, up on notic e
to Customer, require a n increase in the Deposit to
the extent permitted by l aw. In this event,
Customer must either fur nish the increased
Deposit to Nextel within a reasonable time of its
receipt of notice or terminate the Agreement during
this period without in curring any liability for early
termination. If Customer does not furnish Nextel
with the increased Dep os it a mount o r ter m in ate th e
Agreement and pay to Nextel all amou nts
Customer owes to Nexte l in a timely manner,
Nextel may terminate the Agreement and
Customer shall be liable to Nextel fo r early
termination in accordance with Section 7 below.
Nextel will apply the Deposit against any amount
owed to Nextel at the en d of the first billing cycl e
following the date that is one year fr om when
Nextel received the depo sit (“Application Date”) ,
or, if earlier, upon termination of the Agreement or
such other time a s required by law. Ne xtel will
return the Deposit (or any remaining balance) to
Customer within ninety (90) days (or such short er
period as may be required by l aw) a fte r te r minat i on
of the Agreement. After the Application Date and
upon Customer’s request, Nextel will return to
Customer within thirty (30) days of such request
any balance remaining on the Deposit. Deposits
will be returned to Custom er, in whole or in part, at
Customer’s last known ad dres s. I f r eq uir ed by law ,
Nextel will forwa rd to appropriate st ate authorities
any remaining balance that the postal service is
unable to deliver to Customer.
2. AGREEMENT TERM - The term of this
Agreement for ea ch Number has been p rovided to
the Customer and shall begin on the date
Customer accepts the Agreement in acc ordance
with Section 1 above, and, except as provided
elsewhere in this Agreement, shall end thirty (30)
days after either N ext el o r C ust ome r g iv es n otic e of
its intent to terminate. CUS TOMER MAY BE
REQUIRED TO COMMIT TO A FIXED ONE OR
TWO-YEAR MINIMUM TERM (“MINIMUM
TERM”), DEPENDING ON: (1) THE SERVICE
PLAN OR SERVICE FEATURES SELECTED ; (2)
THE EQUIPMENT PURCHASE PRICE PAID BY
CUSTOMER; OR (3) CUSTOMER’S
PARTICIPATION IN A PROMOTION .
CUSTOMER MAY ALSO BE REQUIRED TO
COMMIT TO A NEW MINIMUM TERM IF
CUSTOMER CHANGES SERVICE PLANS OR
UPGRADES EQUIPMENT DURING ANY
EXISTING TERM OR MINIMUM TERM. IF
CUSTOMER IS SUBJECT TO A MINIMUM TERM,
CUSTOMER SHALL PURCHASE SERVICE FOR
THE FULL TERM AND, UNLESS OTHERWISE
PROVIDED IN THIS AGREEMENT, PAY
DAMAGES TO NEXTEL (AS DISCUSSED IN
SECTION 7 BELOW) IF THE AGREEMENT IS