Motorola iDEN i90c User Manual page 199

Nextel Terms and Conditions of Service
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; recoveries or similar
charges. 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
Online 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 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.
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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