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<br />~SSIGNMENT/RESALE/GOVERNING LAW - This Agreement may be freely assigned by Company to any successor of it or any
<br />other firm or entity capable of performing its obligations hereunder, whereupon Company shall be released from all obligations to
<br />Customer. Customer may not assign this Agreement or resell the services that are subject to this Agreement without the prior
<br />written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of
<br />the successors and assigns of the Parties hereto. This Agreement shall be governed by the laws of the State in which this
<br />Agreement is executed byeulllfJi:lIIY.
<br />~ ~c;.C-\-I~.
<br />
<br />NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS - (a) The Service provided hereunder
<br />does not interact with 911 and other emergency services in the same manner as landline telephone service. Depending on
<br />Customer's location and the circumstances and conditions of a particular call, the Service provided hereunder may not be able to
<br />identify Customer's telephone number and/or location to emergency services, and Customer may not always be connected to the
<br />appropriate emergency services provider. Company is deploying wireless Enhanced 911 ("E911") service to help public safety
<br />authorities locate Customers and other users of the Service who make 911 calls. However, E911 is not available in all areas,
<br />and even in those areas where it is implemented, inherent limitations in this advanced wireless technology prevent it from being
<br />100% reliable. Accordingly, Company agrees to provide Customer with E911 service, where available, and Customer
<br />acknowledges that E911 service is not available in all areas and is not completely reliable.
<br />
<br />(b) Customer hereby consents to Company's disclosure of Customer information, including but not limited to Customer name,
<br />address, telephone number, and location, to governmental and quasi-govemmental institutions such as emergency service
<br />providers and law enforcement agencies, where Company deems it necessary to respond to an exigent circumstance.
<br />
<br />NO WARRANTY (SERVICE) - COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
<br />LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO
<br />CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT SERVICE
<br />DISRUPTIONS WILL OCCUR FROM TIME TO TIME AND, SUBJECT ONL Y TO SECTION 18, AGREES TO HOLD COMPANY
<br />HARMLESS FOR ALL SUCH DISRUPTIONS.
<br />
<br />NO WARRANTY (EQUIPMENT) - COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,
<br />STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF EQUIPMENT. COMPANY
<br />DOES NOT MANUFACTURE ANY EQUIPMENT, WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY
<br />MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br />THERE ARE NO WARRANTIES BEYOND THOSE CONTAINED IN ANY WARRANTIES CUSTOMER RECEIVES DIRECTLY
<br />FROM THE EQUIPMENT MANUFACTURER; CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES,
<br />CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL
<br />COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OTHER INDIRECT DAMAGES OR ANY OTHER
<br />LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT
<br />SOLD OR LEASED HEREUNDER, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE. IF THE EQUIPMENT
<br />PROVES DEFECTIVE, UNLESS OTHERWISE AGREED BY COMPANY, ANY COSTS OF NECESSARY SERVICING AND
<br />REPAIR WILL BE BORNE BY CUSTOMER.
<br />
<br />CERTAIN TERMS AND CONDITIONS REGARDING NEXTEL BUSINESS NElWORKS - If Customer chooses to join a Nextel
<br />Business Network (as defined below), Customer acknowledges that there is no Group Call (Le, the use of Nextel Direct Connect
<br />between three or more users on the same fleet within a service area) available on the Nextel Business Networks (Nextel Direct
<br />Connect fleets within a service area shared with other Nextel customers), In addition, here is no pooling of Nextel Direct Connect
<br />minutes between companies on the Nextel Business Networks. It is possible that participants on the Nextel Business Network
<br />could determine the private identification numbers of Customer's units and be able to Private Call those units. It is also possible
<br />that users of Customer's units could determine the private identification numbers of other Nextel Business Network participants
<br />and Private Call them,
<br />
<br />PERSONAL LIABLE ACCOUNTS - Employees of Customer shall be eligible hereunder for the pricing for Equipment and rates
<br />for Services, offered to Customer hereunder, upon establishing a "Personal Liable Account" with Company. Although this
<br />Agreement makes such pricing available to Personal Liable Accounts, the provision of Services or Equipment by Company to
<br />Employees of Customer under Personal Liable Accounts is not governed by this Agreement. Customer is not liable for any
<br />charges for Services or Equipment under Personal Liable Accounts, Company may from time to time offer promotions or referral
<br />incentives to Customer in exchange for Customer's assistance in marketing such programs; restrictions and length of promotions
<br />will be as specified in Company promotional materials. Acceptance by Company of an employee's Personal Liable Account shall
<br />be contingent upon such employee signing a copy of Company's standard Subscriber Agreement, then in effect, and Company's
<br />approval of such employee's credit application.
<br />
<br />~
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