Motorola i736 - Manual (Page 137)

129
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 IS THE COMPANY LIABLE FOR ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES CAUSED BY ITS
NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR
PROPERTY DAMAGES SUSTAINED BY THE
CUSTOMER OR ANY THIRD PARTIES. Customer
agrees to indemnify, defend, and hold Company
harmless from any Customer violations of FCC rules
and regulations or Customer violation of any
statutes, ordinances or laws of any local, state, or
federal public authority.
17. COMPLETE
AGREEMENT/SEVERABILITY/WAIVER – This
Agreement sets forth all of the agreements between
the parties concerning the Service and purchase of
the Equipment, and there are no oral or written
agreements between them other than as set forth in
this Agreement. Except for changes made by
Company in accordance with Section 1 above, no
amendment or addition to this Agreement shall be
binding upon Company unless it is in writing and
signed by both parties (and, in the case of the
Company, by an officer of the Company). Company
shall not be bound by the terms and conditions in
Customer’s purchase order or elsewhere, unless
expressly agreed to in writing by an officer of the
Company. This Agreement becomes effective when
accepted by the Company. Should any provision of
this Agreement be 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.
18. 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 which are subject to this
Agreement without prior written consent of
Company. Subject to the restrictions contained