User's Manual

89
16. COMPLETE
AGREEMENT/SEVERABILITY/WAIVER – This
Agreement sets forth all of the agreements
between the parties concerning the Services and
purchase of the Equipment, and there are no oral
or written agreements between them other than as
set forth in this Agreement. No amendment or
addition to this Agreement shall be binding upon
thisCompanyunlessitisinwritingandsignedby
both parties (and, in the case of the Company, by
an officer of the Company). Should any provision
of this Agreement be found illegal or in
contravention of the law, such provision shall be
considered null and void but the remainder of this
Agreement shall not be affected thereby. The
failure of Company, at any time to require the
performance by Customer of the provisions of this
Agreement shall not affect in any way the right to
require such performances at any later time, nor
shall the waiver by Company of a breach of any
provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or
a continuing waiver of such provision.
17. ASSIGNMENT/RESALE/GOVERNING LAW –
This Agreement may be freely assigned by
Company to any successor of it or any other firm or
entity capable of performing its obligations
hereunder, and upon any such assignment,
Company shall be released from all obligations to
Customer. Customer may not assign this
Agreement, or resell the services that are subject
to this Agreement without prior written consent of
Company. Subject to the restrictions contained
herein, this Agreement shall bind and inure to the
benefit of the successors and permitted assigns of
the parties hereto. The laws of the Commonwealth
of Virginia, without application of its conflicts of
laws principles, shall govern this Agreement.
18. NOTICE REGARDING USE OF SERVICE
FOR 911 OR OTHER EMERGENCY CALLS – The
Service provided hereunder does not interact with
911 and other emergency services in the same
manner as landline telephone service. Depending
on the circumstances of a particular call, the
Service provided hereunder may not be able to
identify your location to emergency services and
you may not always be connected to the
appropriate emergency services provider.
Additionally, the provision of 911 or other
emergency services may be conditioned on
payment of amounts to the governmental
authorities who implement or coordinate access to
such services, and Customer agrees that
Company may apportion and pass through such
amounts to Customer, which shall be paid by
Customer when due, in connection with
Customer’s access to such 911 or other
emergency services, where available.
CUSTOMER AGREES TO HOLD COMPANY AND
NEXTEL HARMLESS AGAINST ANY AND ALL