Table of Contents
Advertisement
the other party's costs and expenses incurred in seeking such stay or
compelling arbitration, including attorney's fees.
Notices.
You may get our current address for written notice by calling
PCS Customer Service Solutions. Written notice to you is sent to your
last known address in our invoicing records. Written notice is effective
three days after deposit in the U.S. mail, postage prepaid, and properly
addressed. Unless required by this Agreement or Applicable Laws, (1)
you may notify us by calling PCS Customer Service Solutions, and (2)
we may notify you by leaving a message for you on your PCS Phone,
answering machine or with your answering service. Notice addresses
may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction.
This Agreement is governed by and must
be construed under federal law and the laws of the State of Kansas,
without regard to choice of law principles.
General.
If either of us does not enforce any right or remedy available
under this Agreement, that failure is not a waiver of the right or
remedy for any other breach or failure by the other party. Our waiver
of any requirement in any one instance is not a general waiver of that
requirement and does not amend this Agreement. This Agreement is
subject to any applicable federal and state law (collectively,
"Applicable Laws"). If any part of this Agreement is held invalid or
unenforceable, that part is interpreted consistent with Applicable
Laws as nearly as possible to reflect the original intentions of the
parties and the rest of this Agreement remains in full force and effect.
Section headings are for descriptive purposes only and are not used to
interpret this Agreement. You may not assign this Agreement to any
other person or entity without our prior written approval. This
Agreement (including any referenced documents and attachments)
makes up the entire agreement between you and us and replaces all
prior written or spoken agreements, representations, promises or
understandings between you and us. The provisions of this Agreement
that are contemplated to be enforceable after the termination of this
Agreement survive termination of this Agreement. If there is a conflict,
the Service Plan (including any Term Service Plan) controls over the
Terms.
50
Advertisement
Table of Contents
