Motorola i90c User Manual page 160

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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.
12. COVERAGE AREA – Local Dispatch (BOOST 2WAY), cellular calling,
BOOST MOBILE wireless web services, and respective coverage areas for
these Services are subject to change at any time at the sole discretion of
Company.
13. DEFAULT / TERMINATION - If you breach any representation to
Company or fail to perform any of the promises you made in this Agreement,
you will be in default and Company may, without notice to you, suspend Service
and/or terminate this Agreement, in addition to all other remedies available to
us. You agree to pay all costs including reasonable attorneys fees, collection
fees, and court costs Company may incur in enforcing this Agreement through
any appeals.
14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY -
Company does not assume and shall have no liability for (i) failure to deliver the
Equipment within a specified time period; (ii) unavailability or delays in
delivery of the Equipment or the Services; (iii) damage 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 BOOST MOBILE wireless web services, including but not
limited to the accuracy or utility of any information acquired from the Internet
through BOOST MOBILE 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 WILL THE COMPANY BE
LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES ARISING OUT OF THE SERVICES,
WHETHER CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES ARISING
OUT OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL
NEXTEL, IN CONJUNCTION WITH WHICH THE COMPANY PROVIDES
THE SERVICES, BE LIABLE TO CUSTOMER FOR ANY DAMAGES, OF
boostmobile.com
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