Motorola iDEN i860 User Manual page 179

15. INDEMNIFICATION - Customer shall
indemnify, defend, and hold Nextel harmless from
any violation by Customer of any applicable law or
regulation. Customer will further indemnify Nextel
for any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of: (1) information or Content that
Customer submits, posts, transmits or makes
available through the Service; (2) Customer's use
of the Service or Equipment; (3) Customer's
connection to the Service or Equipment; (4)
Customer's violation of this Agreement; or (5)
Customer's violation of any rights of a third party.
16. DISPUTE RESOLUTION - THIS SECTION
PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS
AND CLASS ACTIONS. CUSTOMER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
A COURT. THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND
NEXTEL AGREE TO ARBITRATE ANY CLAIM,
CONTROVERSY OR DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT OR ANY
EQUIPMENT USED IN CONNECTION WITH THE
SERVICE (OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR
NEXTEL MAY BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. CUSTOMER AND
NEXTEL ACKNOWLEDGE THAT THIS
AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE AND THAT THE
FEDERAL ARBITRATION ACT SHALL GOVERN
THE INTERPRETATION AND ENFORCEMENT
OF THIS ARBITRATION PROVISION. TO
INITIATE ARBITRATION, CUSTOMER OR
NEXTEL MUST FIRST SEND A WRITTEN
NOTICE, VIA CERTIFIED MAIL, TO THE OTHER
PARTY INDICATING ITS INTENT TO
ARBITRATE, WHICH NOTICE SHALL INCLUDE:
(1) A DESCRIPTION OF THE FACTS; (2) A
DESCRIPTION OF THE NATURE OF THE
CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE
TO ARBITRATE"). SEND NOTICE TO
ARBITRATE TO: NEXTEL GENERAL COUNSEL,
ARBITRATION OFFICE, 2001 EDMUND HALLEY
DRIVE, RESTON, VIRGINIA 20191. BOTH
PARTIES AGREE TO MAKE REASONABLE
ATTEMPTS TO RESOLVE ANY SUCH DISPUTE;
HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAY COMMENCE. ANY ARBITRATION
170