177
OR IN A REPRESENTATIVE CAPACITY.
CUSTOMER AND NEXTEL BOTH AGR EE THAT
ANY ARBITRATION WILL BE CONDUCTED ON
AN INDIVIDUAL AND NOT ON A
CONSOLIDATED, CLASS-WIDE OR
REPRESENTATIVE BASIS AND THAT IF
ARBITRATION IS NOT CONDUCTED ON AN
INDIVIDUAL BASIS, THIS SECTION 16 SHALL
BE DEEMED NULL AND VOID. THE
ARBITRATOR MAY AWARD INJUNCTIVE
RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE R ELIEF
WARRANTED BY THAT PARTY’S INDIVIDUAL
CLAIM. IF FOR ANY REASON THE
ARBITRATION CLAUSE SET FORT H IN THIS
AGREEMENT IS DEEMED INAPPLICABL E OR
INVALID, OR TO THE EXTENT THE
ARBITRATION CLAUSE ALLOWS F OR
LITIGATION OF DISPUTES IN COURT,
CUSTOMER AND NEXTEL BOTH WAIV E, TO
THE FULLEST EXTENT ALLOWED BY L AW,
ANY RIGHT TO PURSUE OR PARTICIPA TE AS
A PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIM ON A CLASS OR CONSOLIDATED BASIS
OR IN A REPRESENTATIVE CAPACITY.
17. MISCELLANEOUS - Assignment - Custo mer
may not assign all or any pa rt of this Agreement
(including any of its rights and duties under t he
Agreement) or sell or lease the Servic e to others
without Nextel’s prior written consent. Nextel ma y
assign all or any part of this Agreement to any
successor or any other enti ty capable of
performing Nextel’s obligations under this
Agreement withou t obtaining Customer ’s consent
or providing notice to Customer. Nextel shall be
released from all liability upon assignment of this
Agreement. Cust omer shall continu e to be bound
by the terms of this Agree ment following
assignment.
Nextel Associates – Nextel’s subsid iaries, affiliates
and certain third party service providers (the
“Nextel Associates”) may provide wireless
communication services in support of Nextel from
time to time. All rights and protections afforded to
Nextel by this Agre ement are also aff orded to the
Nextel Associates.
Notice - Notice to Customer shal l be considered
delivered if sent by U.S. Ma il ad dressed to the
most current address on file for Customer
(effective three (3) day s following deposit in U. S.
Mail) or by electronic means such as email or text
messaging (effective immediately upon
transmission). Written notice to Nextel must be
sufficient to iden tify Customer and the Service and
shall be considere d delivered when di rected to
Nextel Customer C are department and received by
Nextel. Oral and electronic notice to Nextel shall