Nextel Terms and Conditions of Service

10.NO WARRANTY (SERVICE)—Company makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose to customer in connection with its use of the service. In no event shall company be liable for incidental or consequential damages to the full extent the same may be disclaimed by law. Customer acknowledges that service interruptions will occur from time to time and agrees to hold company harmless for all such interruptions.

11.NO WARRANTY (EQUIPMENT)—Company makes no warranties or representations of any kind, statutory, expressed or implied, to customer or any other purchaser of equipment activated on the service. Without limiting the foregoing, company specifically makes no express or implied warranties of merchantability or fitness for a particular purpose. Customer hereby waives all other warranties, guarantees, conditions or liabilities, express or implied, arising by law or otherwise. In no event shall company be liable for consequential, special or incidental damages, whether or not occasioned by company negligence and including, without limitation, liability for any loss or damage resulting from the interruption or failure in the operation of any equipment activated on the service. There are no warranties which extend beyond the description contained herein. Customer assumes the entire risk as to the quality and performance of the equipment. If the equipment proves defective, the costs of all necessary servicing and repair will be borne by the customer.

12.NEXTEL BUSINESS NETWORKS—There is no group call available on the Nextel Business Networks. There is no pooling of Nextel Direct Connect minutes between companies on the Nextel business networks. It is possible that participants on the Nextel Business Network could determine the private identification numbers of customer’s units and be able to private call those units. It is also possible that users of customer units could determine the private identification numbers of other Nextel Business Network participants and private call them.

© 2000 Nextel Communications, Inc. All rights reserved. Nextel, the Nextel logo, Nextel Worldwide, Nextel Direct Connect, Nextel Nextday and Nextel Business Networks are trademarks and/or service marks of Nextel Communications, Inc.

MOTOROLA, the Stylized M Logo and all other trademarks indicated as such herein are trademarks of Motorola, Inc. * Reg. U.S. Pat. & Tm. Off. * 2000 Motorola, Inc. All rights reserved. Manufactured under one or more of the U.S. patents listed in the User’s Guide.

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