71
General Terms and Conditions
to any successor or any other entity capable of performing Nextel's
obligations under this Agreement without obtaining Customer's consent
or providing notice to Customer. Nextel shall be released from all liability
upon assignment of this Agreement. Customer shall continue to be
bound by the terms of this Agreement following assignment.
Nextel Associates - Nextel's subsidiaries, affiliates and certain third party
service providers (the "Nextel Associates") may provide wireless
communication services in support of Nextel from time to time. All rights
and protections afforded to Nextel by this Agreement are also afforded to
the Nextel Associates.
Notice - Notice to Customer shall be considered delivered if sent by U.S.
Mail addressed to the most current address on file for Customer
(effective three (3) days following deposit in U.S. Mail) or by electronic
means such as email or text messaging (effective immediately upon
transmission). Written notice to Nextel must be sufficient to identify
Customer and the Service and shall be considered delivered when
directed to Nextel Customer Care department and received by Nextel.
Oral and electronic notice to Nextel shall be considered delivered on the
date reflected in Nextel's records. To ensure receipt of notice, Customer
shall notify Nextel of any changes in Customer's email or mailing
address.
Limitation on Third Party Beneficiaries - This Agreement is not for the
benefit of any third party other than the Nextel Associates.
Governing Law - The laws of the state associated with the area code
assigned to Customer's Number will govern this Agreement, without
regard to the conflict of laws rules of that state. This Agreement is also
subject to applicable federal laws and federal or state regulations or
tariffs
Entire Agreement - This Agreement and the policies to which it refers
(e.g., Return Policy, Plan Information, and Payment Forms, to the extent
such documentation may be applicable), form the entire Agreement
between Customer and Nextel. There are no oral or written agreements
between Customer and Nextel other than as set forth in this Agreement.
If Customer is a business, Nextel shall not be bound by the terms and
conditions included in Customer's purchase orders or elsewhere, unless
expressly agreed to in writing by a duly authorized officer of Nextel. If any
provision of this Agreement is found to be illegal or otherwise invalid, the
remainder of this Agreement will remain enforceable. If, at any time,
Nextel fails to enforce any right or remedy under this Agreement
(including, but not limited to, a waiver of Nextel's right to written notice
under the Agreement), Nextel shall retain the right to enforce such right
or remedy at a later time.
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