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Nextel® Terms and Conditions of Service
charges include, but ar e not limited to, a Universal
Service Fund ass essment and a Telep hone Relay
Service fee. Next el also imposes a F ederal
Programs Cost Recovery (“FPCR”) fee that is not a
tax or government mandated, but is kept by Nextel
to recover Nextel’s costs for complying with
Federal Communications Commission (“FCC”)
programs and mandates. T he FPC R fe e is subje ct
to adjustment, an d Nextel will provid e advance
notice to Customer throu gh the “Nextel News”
section of Custom er’s bill or a bill i nsert of any
significant increase in the FPCR fee. Please
consult the current N ext el p rici n g mat eri al s, a sa l es
consultant or visit http://www.Nextel.com for
information regard ing the FPCR fee and the
current amount of the fee. Additional fees may be
added to Customer’s bi ll to recover Nextel’s c osts
for funding government pr ograms or initiatives.
Early Termination Component of Rate Structure -
Nextel incurs a signif i cant c ost i n ac tiva t ing S e rvi ce
to Customer, including a large up-front cost in
offering Equipment to Customer. These costs are
partially recouped over the length of Customer’s
Agreement with Nextel through monthly service
rate charges to Customer, which have been
established in part for this purpose. f Custome r
breaches this Agreement or terminates Ser v ice for
any reason (including by porting its Phone number
to another service provider), Customer
understands and acknowledges that N extel will not
receive the full benefit of its Agreement with
Customer, in part, beca us e Nex t el wi l l not co ntin ue
to receive monthly se rvic e char ges fr om Cus tome r.
As a result, Nextel shall incur damages that are
difficult, if not impos sible, to determine.
THEREFORE, IN THE CASE OF BREACH OR
EARLY TERMINATION OF THE AGREEM ENT BY
CUSTOMER, CUSTOMER SHALL PA Y TO
NEXTEL, AS LIQUIDATED DAMAGE S AND NOT
AS A PENALTY (IN ADDITION TO AL L
AMOUNTS THEN OWED TO NEXTE L), $200
FOR EACH NUMBER ASSIGNED TO
CUSTOMER’S ACCOUNT AS A REASONABLE
ESTIMATE OF THE DAMAGES INCURRED BY
NEXTEL. This is intended to maintain Nextel’s
overall rate at an accept able level despite
Customer’s early termination and will be asses sed
without exception unl es s ot he rw is e pro vi de d in thi s
Agreement or by ap plicable law.
Failure to Pay - Customer acknowledges that time
is of the essence with respect to all amounts owed
to Nextel. IF CUSTOMER HAS NOT PAID ITS
MONTHLY INVOICE IN FULL BY THE DUE
DATE, A LATE PAYMENT CHARGE O F UP TO
1.5% PER MONTH (18% ANNUALLY), OR SUCH
LESSER AMOUNT PERMITTED BY LAW, MAY
BE APPLIED TO THE TOTAL UNPAID BALANC E
DUE AND OUTSTANDING. THIS LATE
PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMER’S FAILURE