User's Manual

87
14. LIMITATION AND CONDITION OF LIABILITY;
INDEMNITY - Company does not assume and
shallhavenoliabilityfor(i)failuretodeliverthe
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 ANY KIND WHATSOVER, REGARDLESS OF
THE FORM OF ACTION OR CAUSE OF ACTION,
ARISING OUT OF THE SERVICES. CUSTOMER
IRREVOCABLY WAIVES ANY CLAIM YOU
MIGHT OTHERWISE HAVE AGAINST NEXTEL
ARISING OUT OF THE SERVICES AND
COVENANTS NOT TO MAKE OR BRING ANY
CLAIM OF ANY KIND AGAINST NEXTEL
ARISING OUT OF THE SERVICES. Customer
agrees to indemnify, defend, and hold Company
and Nextel harmless from any Customer violations
of FCC rules and regulations or Customer violation