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Nextel
®
Terms and Conditions of Service
not limited to, a Universal Service Fund
assessment and a Telephone Relay Service fee.
Nextel also imposes a Federal Programs Cost
Recovery ("FPCR") fee that is not a tax or
government mandated, but is kept by Nextel to
recover Nextel's costs for complying with Federal
Communications Commission ("FCC") programs
and mandates. The FPCR fee is subject to
adjustment, and Nextel will provide advance notice
to Customer through the "Nextel News" section of
Customer's bill or a bill insert of any significant
increase in the FPCR fee. Please consult the
current Nextel pricing materials, a sales consultant
or visit http://www.Nextel.com for information
regarding the FPCR fee and the current amount of
the fee. Additional fees may be added to
Customer's bill to recover Nextel's costs for
funding government programs or initiatives.
Early Termination Component of Rate Structure -
Nextel incurs a significant cost in activating Service
to Customer, including a large up-front cost in
offering Equipment to Customer. These costs are
partially recouped over the length of Customer's
Agreement with Nextel through monthly service
rate charges to Customer, which have been
established in part for this purpose. If Customer
breaches this Agreement or terminates Service for
any reason (including by porting its Phone number
to another service provider), Customer
understands and acknowledges that Nextel will not
109
receive the full benefit of its Agreement with
Customer, in part, because Nextel will not continue
to receive monthly service charges from Customer.
As a result, Nextel shall incur damages that are
difficult, if not impossible, to determine.
THEREFORE, IN THE CASE OF BREACH OR
EARLY TERMINATION OF THE AGREEMENT BY
CUSTOMER, CUSTOMER SHALL PAY TO
NEXTEL, AS LIQUIDATED DAMAGES AND NOT
AS A PENALTY (IN ADDITION TO ALL
AMOUNTS THEN OWED TO NEXTEL), $200
FOR EACH NUMBER ASSIGNED TO
CUSTOMER'S ACCOUNT AS A REASONABLE
ESTIMATE OF THE DAMAGES INCURRED BY
NEXTEL. This is intended to maintain Nextel's
overall rate at an acceptable level despite
Customer's early termination and will be assessed
without exception unless otherwise provided in this
Agreement or by applicable law.
Failure to Pay - Customer acknowledges that time
is of the essence with respect to all amounts owed
to Nextel. IF CUSTOMER HAS NOT PAID ITS
MONTHLY INVOICE IN FULL BY THE DUE
DATE, A LATE PAYMENT CHARGE OF UP TO
1.5% PER MONTH (18% ANNUALLY), OR SUCH
LESSER AMOUNT PERMITTED BY LAW, MAY
BE APPLIED TO THE TOTAL UNPAID BALANCE
DUE AND OUTSTANDING. THIS LATE
PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMER'S FAILURE
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