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16. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY - Company
does not assume and shall have no liability under the Agreement for (i) failure to
deliver the Equipment within a specified time period; (ii) availability and delays in
delivery of the Equipment, or (iii) damage caused to the Equipment due directly or
indirectly to causes beyond the control of Company, including, but not limited to
acts of God, acts of the public enemy, acts of the government, acts or failure to act
of the Customer, its agents, employees or subcontractors, fires, floods, epidemics,
quarantine restrictions, corrosive substances in the air or other hazardous
environmental conditions, strikes, freight embargoes, inability to obtain materials or
services, commotion, terrorism, war, unusually severe weather conditions or default
of Company's subcontractors whether or not due to any such causes; (iv) the use of
Nextel Online Services, including but not limited to the accuracy or utility of any
information acquired from the Internet through Nextel Online Services; or Internet
Services, Content or Applications whether or not supported by Company; or (v) any
action Company takes in its sole discretion to protect Company's network, systems,
and the rights or property of Company, its subscribers, or others from "hacking,"
"spamming," "viruses " or other acts of third parties that Company believes
adversely impact its network or systems. WITHOUT LIMITING THE
FOREGOING, THE COMPANY'S SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE NEGLIGENCE OF THE
COMPANY OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE
NOT EXCEEDING AN AMOUNT EQUAL TO THE PROPORTIONATE
CHARGE TO THE CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING
SENTENCE, IN NO EVENT IS THE COMPANY LIABLE FOR ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES. Customer
agrees to indemnify, defend, and hold Company harmless from any Customer
violations of FCC rules and regulations or Customer violation of any statutes,
ordinances or laws of any local, state, or federal public authority.
17. COMPLETE AGREEMENT/SEVERABILITY/WAIVER - This Agreement
sets forth all of the agreements between the parties concerning the Service and
purchase of the Equipment, and there are no oral or written agreements between
them other than as set forth in this Agreement. Except for changes made by
Company in accordance with Section 1 above, no amendment or addition to this
Agreement shall be binding upon Company unless it is in writing and signed by
both parties (and, in the case of the Company, by an officer of the Company).
Company shall not be bound by the terms and conditions in Customer's purchase
order or elsewhere, unless expressly agreed to in writing by an officer of the
Company. This Agreement becomes effective when accepted by the Company.
Should any provision of this Agreement be illegal or in contravention of the law,
such provision shall be considered null and void but the remainder of this
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
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