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whether personally identifying inform ation, or
“customer proprietar y network information”
(“CPNI”) within th e meaning of 47 U.S. C. § 222
and its implementi ng regulations (“CP NI
Regulations”) that Nextel collects, possesses or
develops about Customer t o: (1) pro vi de Cust omer
with Equipment, Servic e, or customer support; (2)
conduct marketing acti vities in accordance with
applicable law (Customer may opt out of any such
marketing by contacting Nextel); (3) enable
Customer to switc h to a new service pr ovider
(either Nextel or anoth er se r v ic e pro vider) while
retaining the same phone number; (4) provide
handset-based or network-based ge ographic
information services via Nextel-provided or third
party software ap plications; (5) com ply with
applicable law; or (6) respond to emergencies.
Customer acknowle dges that any info rmation that
identifies Customer (e.g., Customer’s name an d
Number) and calls made by Customer may appear
on the equipment or bill of a person or party that
receives Customer’s call . Ne xtel ma y ac ce ss, us e,
disclose, record or monitor any communications to
or from Customer or any oth er pe rson to protect
Nextel’s rights or prope rty or those of other
customers, as permitted by law.
Geographic Information Services - Consistent with
the foregoing, Cust omer ack nowle dges a nd ag rees
that Nextel or a t hird party applicat ion service
provider may access, use, and disclose to third
parties the geographic location of Customer’ s
Equipment to prov ide Customer with any
geographic information service which Customer
accesses through the S ervice or Equipment. If
Customer utilizes any such service and there are
additional users on Custo mer ’ s ac cou nt, Cust om er
shall clearly, conspicuously, and regularly notify all
individual users of the Service that location
information (i.e. , the geographic coor dinates of the
Equipment) may be accessed, used, or disclosed
in connection with the Service. For any geogra phic
information service that is governed by the CPNI
regulations or a s imilar law, Nextel will provide
Customer with a separate noti ce and op portu nity to
consent to the access, use, and disclosure of
geographic informa tion. CUSTOMER SHALL
HOLD HARMLESS AND INDEMNIFY N EXTEL
AGAINST ANY AND ALL CLAIMS, LOSSES ,
EXPENSES, DEMANDS, ACTIONS, OR C AUSES
OF ACTION (INCLUDING ALL ACTIONS BY
THIRD PARTIES) ARISING OUT OF A BREACH
OF CUSTOMER’S OBLIGATION TO NOTIFY
USERS AS SET FORTH IN THIS SEC TION OR
CUSTOMER’S USE OF ANY GEOGRAPHI C
INFORMATION SERVICE OR LOCAT ION
INFORMATION.
12. EQUIPMENT - Customer shall provide Nextel
with an initial payment in the amount required by
Nextel, to be applied tow ards any amount owed to
Nextel one (1) year from the effective date of the