Motorola iDEN i700plus User Manual page 123

Nextel Terms and Conditions of Service
of coverage, including deductible information, which is also available by calling Signal at
1-888-352-9182.
12. TAXES, FEES, SURCHARGES & ASSESSMENTS—Customer is responsible for all
federal, state, and local taxes, fees, surcharges, and other assessments (collectively,
"charges") that are imposed on telecommunications services, other services, and
equipment or that are measured by gross receipts from the sale of telecommunication
services and/or equipment. Such charges shall include, but are not limited to: excise taxes;
sales and transaction taxes; utility taxes; regulatory fees and assessments; universal
service assessments, telephone relay service (TRS) assessments; etc. Customer shall be
responsible for such charges regardless of whether the charge is imposed upon the sale of
equipment or services, upon Customer, or upon Company. If any such charge is
determined to be applicable and has not been paid by Customer before Customer accepts
delivery of equipment, Customer shall pay Company the full amount of any such charge
no later than ten (10) days after receipt of the invoice therefor.
13. COVERAGE AREA—Local Dispatch (Direct Connect), cellular calling, Nextel
Wireless Web Services, and respective coverage areas for these Services are subject to
change at any time at the sole discretion of Company.
14. 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; (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, war, unusually severe
weather conditions or default of Company's subcontractors whether or not due to any such
causes; or (iv) the use of Nextel Wireless Web Services, including but not limited to the
accuracy or utility of any information acquired from the Internet through Nextel Wireless
Web Services; or Internet Services, Content or Applications whether or not supported by
Company. 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.
15. 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
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