Motorola I710 User Guide - Page 131

COMMIT TO A NEW MINIMUM TERM IF, Minimum Term, depending on the Service Plan

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to Customer, require an increase in the Deposit to the extent permitted by law. In this event, Customer must either furnish the increased Deposit to Nextel within a reasonable time of its receipt of notice or terminate the Agreement during this period without incurring any liability for early termination. If Customer does not furnish Nextel with the increased Deposit amount or terminate the Agreement and pay to Nextel all amounts Customer owes to Nextel in a timely manner, Nextel may terminate the Agreement and Customer shall be liable to Nextel for early termination in accordance with Section 7 below. Nextel will apply the Deposit against any amount owed to Nextel at the end of the first billing cycle following the date that is one year from when Nextel received the deposit ("Application Date"), or, if earlier, upon termination of the Agreement or such other time as required by law. Nextel will return the Deposit (or any remaining balance) to Customer within ninety (90) days (or such shorter period as may be required by law) after termination of the Agreement. After the Application Date and upon Customer's request, Nextel will return to Customer within thirty (30) days of such request any balance remaining on the Deposit. Deposits will be returned to Customer, in whole or in part, at Customer's last known address. If required by law, Nextel will forward to appropriate state authorities any remaining balance that the postal service is unable to deliver to Customer. 2. AGREEMENT TERM - The term of this Agreement for each Number has been provided to the Customer and shall begin on the date Customer accepts the Agreement in accordance with Section 1 above, and, except as provided elsewhere in this Agreement, shall end thirty (30) days after either Nextel or Customer gives notice of its intent to terminate. Customer may be required to commit to a fixed one or two-year minimum term ("Minimum Term"), depending on the Service Plan selected by Customer. IF CUSTOMER SELECTS A SERVICE PLAN OR FEATURE OR PARTICIPATES IN A PROMOTION THAT REQUIRES A MINIMUM TERM, CUSTOMER SHALL PURCHASE SERVICE FOR THE FULL TERM AND, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, PAY DAMAGES TO NEXTEL (AS DISCUSSED IN SECTION 7 BELOW) IF THE AGREEMENT IS TERMINATED BEFORE COMPLETION OF THE MINIMUM TERM. CUSTOMER MAY BE REQUIRED TO COMMIT TO A NEW MINIMUM TERM IF CUSTOMER CHANGES SERVICE PLANS, PARTICIPATES IN A PROMOTION, OR UPGRADES EQUIPMENT DURING ANY EXISTING TERM OR MINIMUM TERM. Customer 123

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123
to Customer, require an increase in the Deposit to
the extent permitted by law.
In this event,
Customer must either furnish the increased
Deposit to Nextel within a reasonable time of its
receipt of notice or terminate the Agreement during
this period without incurring any liability for early
termination.
If Customer does not furnish Nextel
with the increased Deposit amount or terminate the
Agreement and pay to Nextel all amounts
Customer owes to Nextel in a timely manner,
Nextel may terminate the Agreement and
Customer shall be liable to Nextel for early
termination in accordance with Section 7 below.
Nextel will apply the Deposit against any amount
owed to Nextel at the end of the first billing cycle
following the date that is one year from when
Nextel received the deposit
(“Application Date”),
or, if earlier, upon termination of the Agreement or
such other time as required by law.
Nextel will
return the Deposit (or any remaining balance) to
Customer within ninety (90) days (or such shorter
period as may be required by law) after termination
of the Agreement.
After the Application Date and
upon Customer’s request, Nextel will return to
Customer within thirty (30) days of such request
any balance remaining on the Deposit.
Deposits
will be returned to Customer, in whole or in part, at
Customer’s last known address.
If required by law,
Nextel will forward to appropriate state authorities
any remaining balance that the postal service is
unable to deliver to Customer.
2. AGREEMENT TERM - The term of this
Agreement for each Number has been provided to
the Customer
and shall begin on the date
Customer accepts the Agreement in accordance
with Section 1 above, and, except as provided
elsewhere in this Agreement, shall end thirty (30)
days after either Nextel or Customer gives notice of
its intent to terminate.
Customer may be required
to commit to a fixed one or two-year minimum term
(“Minimum Term”), depending on the Service Plan
selected by Customer.
IF CUSTOMER SELECTS
A SERVICE PLAN OR FEATURE OR
PARTICIPATES IN A PROMOTION THAT
REQUIRES A MINIMUM TERM, CUSTOMER
SHALL PURCHASE SERVICE FOR THE FULL
TERM AND, UNLESS OTHERWISE PROVIDED
IN THIS AGREEMENT, PAY DAMAGES TO
NEXTEL (AS DISCUSSED IN SECTION 7
BELOW) IF THE AGREEMENT IS TERMINATED
BEFORE COMPLETION OF THE MINIMUM
TERM.
CUSTOMER MAY BE REQUIRED TO
COMMIT TO A NEW MINIMUM TERM IF
CUSTOMER CHANGES SERVICE PLANS,
PARTICIPATES IN A PROMOTION, OR
UPGRADES EQUIPMENT DURING ANY
EXISTING TERM OR MINIMUM TERM.
Customer