Motorola I860 User Guide - Page 177

Against Any Third Party As A Result Of, Give Effect, In Whole Or In Part,

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WITHOUT LIMITING THE FOREGOING, NEXTEL'S SOLE LIABILITY FOR SERVICE DISRUPTION, WHETHER CAUSED BY THE NEGLIGENCE OF NEXTEL OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE OF NOT MORE THAN THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DISRUPTION. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT SHALL NEXTEL BE LIABLE FOR ACTUAL DAMAGES OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGE SUSTAINED BY CUSTOMER OR ANY THIRD PARTIES. IF CUSTOMER IS PROVIDED WITH A CREDIT ALLOWANCE UNDER THIS SECTION, NEXTEL SHALL BE SUBROGATED TO ANY AND ALL RIGHTS THAT CUSTOMER MAY HAVE AGAINST ANY THIRD PARTY AS A RESULT OF CUSTOMER'S LOSS OR EXPENSE, INCLUDING BUT NOT LIMITED TO, ANY RIGHT CUSTOMER MAY HAVE UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS SECTION 14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS MAY NOT RECOGNIZE OR GIVE EFFECT, IN WHOLE OR IN PART, TO WARRANTY DISCLAIMERS AND/OR LIMITATIONS OF REMEDIES FOR BREACH; AND THEREFORE, TO THE EXTENT THAT THE DISCLAIMER SET FORTH IN SECTION 13 AND THE LIMITATION OF REMEDIES IN SECTION 14 ARE NOT PERMITTED BY APPLICABLE LAW, THEY WILL NOT APPLY TO CUSTOMER OR SHALL ONLY APPLY TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. 15. INDEMNIFICATION - Customer shall indemnify, defend, and hold Nextel harmless from any violation by Customer of any applicable law or regulation. Customer will further indemnify Nextel for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) information or Content that Customer submits, posts, transmits or makes available through the Service; (2) Customer's use of the Service or Equipment; (3) Customer's connection to the Service or Equipment; (4) Customer's violation of this Agreement; or (5) Customer's violation of any rights of a third party. 16. DISPUTE RESOLUTION - THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS 167

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167
WITHOUT LIMITING THE FOREGOING,
NEXTEL'S SOLE LIABILITY FOR SERVICE
DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS
LIMITED TO A CREDIT ALLOWANCE OF NOT
MORE THAN THE PROPORTIONATE CHARGE
TO CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET
FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT SHALL NEXTEL BE LIABLE FOR
ACTUAL DAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS,
PERSONAL INJURIES OR PROPERTY DAMAGE
SUSTAINED BY CUSTOMER OR ANY THIRD
PARTIES. IF CUSTOMER IS PROVIDED WITH A
CREDIT ALLOWANCE UNDER THIS SECTION,
NEXTEL SHALL BE SUBROGATED TO ANY AND
ALL RIGHTS THAT CUSTOMER MAY HAVE
AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER
MAY HAVE UNDER THE TELEPHONE
CONSUMER PROTECTION ACT. THIS SECTION
14 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
UNDER CERTAIN CIRCUMSTANCES, SOME
JURISDICTIONS MAY NOT RECOGNIZE OR
GIVE EFFECT, IN WHOLE OR IN PART, TO
WARRANTY DISCLAIMERS AND/OR
LIMITATIONS OF REMEDIES FOR BREACH;
AND THEREFORE, TO THE EXTENT THAT THE
DISCLAIMER SET FORTH IN SECTION 13 AND
THE LIMITATION OF REMEDIES IN SECTION 14
ARE NOT PERMITTED BY APPLICABLE LAW,
THEY WILL NOT APPLY TO CUSTOMER OR
SHALL ONLY APPLY TO THE EXTENT
PERMITTED BY SUCH APPLICABLE LAW.
15. INDEMNIFICATION - Customer shall
indemnify, defend, and hold Nextel harmless from
any violation by Customer of any applicable law or
regulation. Customer will further indemnify Nextel
for any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of: (1) information or Content that
Customer submits, posts, transmits or makes
available through the Service; (2) Customer's use
of the Service or Equipment; (3) Customer's
connection to the Service or Equipment; (4)
Customer's violation of this Agreement; or (5)
Customer's violation of any rights of a third party.
16. DISPUTE RESOLUTION - THIS SECTION
PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS