Nextel i200plus User Manual page 168

Agreement shall not be affected thereby. The failure of Company, at any time to require
the performance by Customer of the provisions of this Agreement shall not affect in any
way the right to require such performances at any later time nor shall the waiver by
Company of a breach of any provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or a continuing waiver of such
provision.
16. ASSIGNMENT/RESALE/GOVERNING LAW—This Agreement may be freely
assigned by Company to any successor of it or any other firm or entity capable of
performing its obligations hereunder, and upon any such assignment, Company shall be
released from all obligations to Customer. Customer may not assign this Agreement, or
resell the services which are subject to this Agreement without prior written consent of
Company. Subject to the restrictions contained herein, this Agreement shall bind and
inure to the benefit of the successors and permitted assigns of the parties hereto. This
Agreement shall be governed by the laws of the State or Commonwealth in which this
Agreement is executed by the Company.
17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS—The Service provided hereunder does not interact with 911 and other
emergency services in the same manner as landline telephone service. Depending on the
circumstances of a particular call, the Service provided hereunder may not be able to
identify your location to emergency services and you may not always be connected to the
appropriate emergency services provider. Additionally, the provision of 911 or other
emergency services may be conditioned on payment of amounts to the governmental
authorities who implement or coordinate access to such services, and Customer agrees that
Company may apportion and pass through such amounts to Customer, which shall be paid
by Customer when due, in connection with Customer's access to such 911 or other
emergency services, where available. CUSTOMER AGREES TO HOLD COMPANY
HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING
OUT OF THE USE OR ATTEMPTED USE OF THE COMPANY'S SERVICE TO
ACCESS 911 OR OTHER EMERGENCY SERVICES.
18. 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,
CONSEQUENTIAL OR OTHER INDIRECT 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.
19. NO WARRANTY (EQUIPMENT)—COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT
LIMITING THE FOREGOING, COMPANY SPECIFICALLY MAKES NO EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST
COMPANY, 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 SOLD OR OTHERWISE PROVIDED
HEREUNDER. 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. UNLESS
OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES
DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL
BE BORNE BY CUSTOMER.
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