05-104 I
JULY,2007
IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 05-104
PASSED: APRIL 13, 2005
SUBJECT: AGREEMENT WITH NEXTEL WEST CORP. FOR CELLULAR
PHONE SERVICES
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SIGNED .-71
IgiWIlsOnJOnese WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
Resolution No.05-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH NEXTEL WEST CORP.
FOR CELLULAR PHONE SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Nextel West
Corp., for cellular phone services, a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 13, 2005
Adopted: April 13, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
e- 3�
Resolution No.05-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH NEXTEL WEST CORP.
FOR CELLULAR PHONE SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Nextel West
Corp., for cellular phone services, a copy of which is attached hereto and made a part hereof by
reference.
Ed Schock, Mayor
Presented: April 13, 2005
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Dolonna Mecum, City Clerk
r
Government Contract `
AGREEMENT
BETWEEN 4111)
THE CITY OF ELGIN
AND
NEXTEL WEST CORP.
AGREEMENT#N4004120804
THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT(hereinafter the"Agreement") is made this 1st day of
December, 2004 (hereinafter the "Effective Date") by and between Nextel West Corp. d/b/a Nextel
Communications, a Delaware corporation with an office at 27755 Stansbury Boulevard, Farmington Hills, Michigan
48334 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") , the City Of Elgin, Illinois, a
municipal corporation, located at located at 150 Dexter Court, Elgin, Illinois 60120 (hereinafter"Customer"). Nextel
and Customer are sometimes referred to herein individually as a"Party" or collectively as the"Parties."
WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the "System(s)"),
together with affiliated companies as a nationwide network, in certain geographic areas throughout the United
States, and provides cellular phone ("Phone"), BlackBerry®, radio equipment and all other related equipment or
devices used in connection with Customer's service (collectively, the"Equipment");
WHEREAS, Customer's services may include, but are not limited to, wireless calling, Direct Connect®walkie-talkie
services, Nationwide Direct Connect®walkie-talkie services, Group Connects"' walkie-talkie services, wireless web
services including email services ("Nextel Online® Services"), mobile messaging services, including two-way
messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the
"Service(s)"); and
WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s)
or email address(es)(collectively, the"Number(s)")assigned to Customer's account(s);
NOW THEREFORE, the Parties hereby agree as follows:
1. Equipment and Services. Nextel will provide to any orders received after the expiration of the
Customer the Equipment and Services at the prices Agreement. If Nextel continues to provide Service
identified in Attachment A to this Agreement or as and/or fulfills orders placed after the expiration of this
otherwise incorporated by reference into this Agreement, the Parties understand and expressly
Agreement or agreed to by the Parties. agree that the terms and conditions of this
Agreement shall govern all such Equipment and
2. Term. (a) The initial term ("Term") of this Service and Customer agrees to pay for all such
Agreement shall begin on the Effective Date and be Equipment and Services or Nextel may terminate
effective for a period of one year, unless sooner Service immediately.
terminated in accordance with any applicable
provision set forth herein. The Term may be 3. Purchase Orders. Any Purchase Orders shall be
extended upon the mutual written agreement of the subject to this Section and shall describe the
Parties for up to two consecutive one-year periods. Equipment and Services being purchased; the
quantity to be purchased; the delivery destinations;
(b) In the event that this Agreement expires but the requested delivery dates and any other
Customer desires to continue existing Service and/or information required by this Agreement. Nextel shall
place orders for new Equipment or Service, Nextel accept all Purchase Orders consistent with the terms
may continue to provide Service and/or may fulfill of this Agreement that are submitted in accordance
such orders at Nextel's sole discretion, but Nextel with this Section. The terms and conditions of this
shall have no obligation to provide Service or to fulfill Agreement relating to the purchase of Services and
1
Contract#N4004120804
, Government Contract
Equipment shall be deemed incorporated into and rate plan that becomes part of this Contract, including
made a part of each Purchase Order. Any terms and monthly service charges, usage charges, taxes,
conditions appearing in a Purchase Order or in any assessments and any additional fees or charges
acknowledgment or acceptance of a Purchase Order imposed on Customer in this Contract or on Nextel
that are inconsistent with, or in addition to (except as and associated with the Service or the Equipment.
required by law) the terms and conditions of this Customer is responsible for all charges or purchases
Agreement shall be null and void. associated with Customer's number and Equipment
whether or not Customer was the user of the Service
4. Payment. (a) Billing. Customer is responsible to or authorized its use.
pay Nextel, within thirty (30) calendar days from the
date of Customer's receipt of Nextel's invoice for (c) Service Charges. Customer shall pay all charges
Equipment or Service(s) provided by Nextel to for Services selected by Customer as indicated on
Customer. This shall include, without limitation, the invoice of this Contract as part of Customer's rate
interconnect fees and additional charges, as reflected plan, and any additional Services selected by
within Nextel's Other Fees and Assessments section Customer. Customer's rate plan will be offered at the
referenced herein. If Customer has multiple account rates and subject to the conditions set forth in the
numbers, Customer will identify with its payment the rate plan information provided to Customer at the
specific amounts being paid for each account time of sale. CUSTOMER'S RATE PLAN
number. The day of the month on which Customer INFORMATION SHALL BE CONSIDERED PART OF
receives an invoice may vary and is subject to THIS CONTRACT. Rates charged to Customer
change. Service charges will be invoiced to include monthly access charges and may include
Customer in advance, and usage charges will be activation and other fees associated with features
invoiced in arrears. Unless otherwise specified in such as voicemail and caller identification. Monthly
Customer's rate plan, any unused minutes or other access charges shall begin once Customer's Service
allotted Services under Customer's rate plan will not is activated, which may occur before Customer
be carried over to any other billing cycle. If receives the Equipment.
Customer's Service is terminated for any reason
(including if Customer's Number is ported) before the (d) Usage Charges. Depending on the rate plan
rend of any billing cycle, no credit or refund will be selected, Customer may incur usage charges for
provided for unused minutes or other allotted Services such as: wireless calling, Direct Connect®,
Services and any monthly service charge will not be Nationwide Direct Connect®, Group Connects"'
prorated to the date of termination. On occasion, Mobile Messaging, Nextel Online®Services and other
Customer may be billed for Services in a month other Services that may be offered from time to time.
than the month in which Customer used the Service. Usage charges may vary depending on how, where
The creation of new cell sites, Nextel's and when Customer uses the Service. Customer
implementation of new billing technology, delays in may be assessed long distance charges (including
the reporting of international or other roaming international calling) or other charges for "toll-free"
charges between carriers, and other similar events calls to 800, 866, 877, 888 and other toll-free
may result in such delayed billing. Nextel may bill numbers. Customer also may be charged for the
Customer on behalf of third party providers of Online use of special Services such as 411 services or call-
Applications that are accessed by Customer through forwarding. Airtime charges will be assessed for the
the Equipment. Online Applications are defined entire period during which a call or Direct Connect®
herein as Nextel Online® Services consist of transmission is connected to the Nextel network. A
applications such as email, data, information and wireless call connection begins approximately when
other wireless Internet services ("Online Customer presses the button to initiate an outgoing
Applications"). Nextel may retain a percentage of call or the phone starts ringing for an incoming call
these charges before providing the balance to the and ends approximately when the first party
third party provider of such Online Application. terminates the call. Customer shall be responsible
for all charges for incoming wireless calls that are
(b) Payment. Customer shall pay in full all charges answered. A Direct Connect® or Group Connects"'
for Services provided under this Contract and any transmission occurs approximately when Customer
2
rik Contract#N4004120804
Government Contract
presses the button to initiate a transmission and ends FOR NEXTEL ONLINE® SERVICES IS ROUNDED
approximately six (6) seconds after completion of a TO THE NEAREST ONE-TENTH (1/10) OF A
communication (i.e., when Customer or another KILOBYTE.
participant releases the button) to which no
participant responds. Customer initiates a new Direct (e) Failure to Pay. Customer acknowledges that time
Connect® or Group ConnectSM transmission if is of the essence with respect to all amounts owed to
Customer responds more than six (6) seconds after Nextel. Nextel's acceptance of late or partial
the other participant completes a communication. payments (even if marked "paid in full" or similar
Nationwide Direct Connect® calls use the Direct notations) shall not waive Nextel's right to collect the
Connect® minutes in your rate plan and incur an full amount due under this Contract, plus any
additional access charge. Airtime charges for Direct additional amounts charged under this paragraph. .
Connect® or Group Connect® transmissions or Customer understands that in the event of
Nationwide Direct Connect® access are charged to nonpayment of charges or any other breach of the
the customer that initiates the transmission and, terms and conditions of this Contract, in addition to
unless a rate plan includes unlimited transmissions or any other remedies Nextel may have, Nextel may
access, are calculated by multiplying the duration of temporarily or permanently terminate Service to
the transmission (including the six (6) second period Customer.
referred to above) by the applicable rate and the
number of participants. Customer will not be charged (f) Disputed Charges. To dispute any charge,
for sending or receiving call alert transmissions ("Call Customer must pay all undisputed amounts when
Alerts"), but will be deemed to have initiated a new due and submit a written notice to Nextel within
Direct Connect® transmission if Customer responds ninety (90) days of the problem or before the end of
to a Call Alert, even if Customer responds within six the third billing cycle after the date upon which the
(6) seconds of receiving the Call Alert. Text and problem occurred, whichever occurs later.
numeric messaging will be charged on a per CUSTOMER WAIVES THE RIGHT TO DISPUTE
message basis; however, Customer may elect to ANY CHARGES FOR WHICH TIMELY NOTICE IS
purchase a certain number of messages for a fixed NOT PROVIDED TO NEXTEL. Nextel shall resolve
monthly price. Any messages in excess of all disputed charges in its reasonable sole discretion, "111)
Customer's allotted messages will be charged at the and in accordance with the terms and provisions of
per message rate. Depending on the rate plan, this agreement, including, but not limited to all
Customer may be charged on a per kilobyte basis applicable rate plans. If Nextel determines that an
(one megabyte equals 1024 kilobytes and one error was made on Customer's invoice, Nextel will
kilobyte equals 1024 bytes), for Customer's use of credit Customer's account in the amount of the error.
Nextel Online® Services. Kilobytes may be used for, If Nextel determines that a disputed charge was
without limitation, browsing the Internet, accessing validly assessed upon Customer, Nextel will notify
Nextel Online® Applications and for reading, sending Customer and Customer must furnish the amount to
and responding to email. Airtime minutes allotted to Nextel within a reasonable period of time; or, if
Customer under Customer's rate plan may be used in authorized by Customer, Nextel may instead charge
connection with certain Nextel Online Services. Customer's credit card or debit card by any amount
CUSTOMERS ARE CHARGED AT LEAST ONE (1) that was validly assessed. If Customer fails to pay
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS any undisputed amount or, after a reasonable period
AND AT LEAST SIX (6) SECONDS OF AIRTIME of time, fails to pay any amount determined by Nextel
FOR ALL DIRECT CONNECT® TRANSMISSIONS, to have been validly assessed upon Customer,
REGARDLESS OF LENGTH. AFTER THE INITIAL Nextel may exercise any remedies available to Nextel
MINUTE, AIRTIME CHARGES FOR WIRELESS under this Contract for non-payment, including
CALLING ARE ROUNDED-UP AND BILLED TO THE termination of the Contract. Customer may elect to
NEXT SECOND OR TO THE NEXT MINUTE, resolve the dispute by bringing suit in the Circuit
DEPENDING ON CUSTOMER'S RATE PLAN. Court of Kane County, Illinois. In the event of
AFTER SIX (6) SECONDS, DIRECT CONNECT® Customer's bringing of such suit, Nextel shall submit
TRANSMISSIONS ARE ROUNDED-UP AND to the jurisdiction of the aforementioned Circuit Court,
BILLED TO THE NEXT SECOND. DATA USAGE and shall not terminate Customer's service pursuant
3
Contract#N4004120804
•
• Government Contract
to this agreement pending the outcome of such responsibility for the payment of service charges due
litigation. Customer hereby acknowledges that under this Agreement.
Customer has read the explanation of rates and
charges set forth herein and understands that these 8. Use of Service. (a) Unlawful Use Prohibited.
rates and charges may be assessed upon Customer, Customer shall not use the Service or the Equipment
to the extent applicable. in any unlawful manner (including, but not limited to,
use in any aircraft or motor vehicle where prohibited
5. Rate Plans. Nextel will make available to by law, ordinance, or regulation), or in a manner that
Customer the National Shared Minute family of rate may be abusive, harassing, threatening or fraudulent.
plans and the Government Local Shared rate plans Customer is solely responsible for all content
for the life of this Agreement and affirm that discounts transmitted using the Service or the Equipment and
will remain fixed as stated herein. Nextel reserves shall not use the Service or Equipment to
the right to change, discontinue or introduce communicate any (1) harassing, threatening,
promotional rate plans on a quarterly basis. defamatory, pornographic or obscene messages; (2)
Customer may utilize such new or revised unsolicited commercial messages; or (3) unsolicited
promotional rate plans under the terms and commercial and/or bulk text or SMS messages.
conditions of this Agreement. Customer shall not use the Service or Equipment in a
manner that could result in damage or risk to the
6. Taxes and Fees. Customer shall pay all business, reputation, properties, or services of Nextel
applicable federal, state, and local taxes and fees or to Nextel's subscribers, third parties or to the
("Taxes")that are imposed on transactions subject to public generally (e.g., Customer shall not attempt to
this Agreement. Customer must provide Nextel with gain unauthorized access to the Service or any
valid and properly executed tax exemption account on the Service, use the Service to infringe
certificates before any such exemption shall become the copyright of another, or upload or transmit any
effective. Customer shall be responsible for all Taxes "virus", "worm" or other malicious code). Customer
regardless of whether Taxes are: (1) measured by shall not modify, disassemble, deinstall or alter the
gross receipts. from sales made to Customer; (2) Equipment in any manner, except in accordance with
imposed as a per-line or per-unit charge; or (3) the use instructions accompanying the Equipment.
rimposed upon Customer or Nextel. Taxes include, Customer may not resell or lease the Service or the
but are not limited to, the following:federal, state, and Equipment to any other person or party.
local excise taxes, sales and transaction taxes, gross
receipts taxes, utility taxes, and other taxes and fees. (b) Change in Service/Number. A change in the
Customer shall not be responsible for Taxes imposed Service or Equipment may require additional
on Nextel's net income or property. Customer shall programming or Equipment or changes to Numbers
provide Nextel with the Primary Place of Use (i.e., assigned to Customer. Customer may be assessed
Customer's residential street address or primary a programming fee in connection with any change
business address) for each unit activated on requested by Customer. Nextel may, at any time,
Customer's account, and notify Nextel of changes in change or remove any Number assigned to
any such address. Nextel is not required by law to Customer when such change is reasonably
collect certain Taxes. Taxes are subject to change necessary in the conduct of Nextel's business.
without notice. Customer acknowledges that Customer has no
proprietary or ownership rights or interest in
7. Shipment; Risk of Loss. Equipment shall be Customer's Number(s) and cannot acquire such
shipped F.O.B. destination. Upon Customer's rights or interest through usage, publication or
acceptance of delivery of the Equipment, all risk of otherwise. Customer may not assign its Number to
loss, damage, theft, or destruction to the Equipment any other Equipment and shall not program any other
shall be borne by the Customer. No loss, damage, Number into its Equipment. In the event that wireless
theft, or destruction of the Equipment, in whole or in number portability becomes available in Customer's
part, shall impair Customer's obligations under this Service Area, Customer may request that its Phone
Agreement, including, without limitation, Customer's number(s) be ported to another service provider.
Upon such request, all amounts then owed to Nextel
4
rk Contract#N4004120804
•
Government Contract ' •
(including damages for early termination and any (d) Network Security. Nextel may take any action that
amounts that appear on the final invoice) shall it deems necessary to (1) protect its network, its
become immediately due and payable, and rights or the rights of its customers and third parties;
Customer's failure to provide timely payment to or (2) optimize or improve its network, its Services
Nextel could delay facilitation of Customer's request. and the Equipment. Customer acknowledges that
such action may include, without limitation, employing
(c) Nextel Online®Services. Nextel Online® Services methods, technologies, or procedures to filter or
consist of applications such as email, data, block messages sent through Nextel Online®
information and other wireless Internet services Services. Nextel may, in its sole and absolute
("Online Applications"). Customer acknowledges that discretion, at any time, filter "spam" or prevent
no guarantee or assurance exists that the Online "hacking," "viruses" or other potential harms without
Applications will be compatible, or, if currently regard to any Customer preference.
compatible, will continue to be compatible, with
Nextel's network or with Customer's Equipment or (e) Application Support. Nextel is often not the
Service. Nextel does not -endorse any Online developer of Online Applications that are accessible
Application, even if currently compatible with Nextel's through Nextel Online® Services. Therefore, if
network or with Customer's Equipment or Service. Customer contacts Nextel's Customer Care
Nextel may, at any time in its sole discretion, disable department regarding use of an Online Application,
or discontinue any Online Application for any reason. Customer may be referred to the customer care
Use of Nextel Online® Services requires Internet department of the developer of the Online
compatible Equipment, and is subject to applicable Application, and Nextel shall not be obligated to
storage, memory or other Equipment limitations. support any such Online Application.
Only certain Internet sites may be accessed by
Customer, and certain Nextel Online® Services may (f) Service Availability. Service is generally available
not be available in all areas where Service is to Customer when Customer is within the operating
provided. Customer may, from time to time, access range of the Nextel network or within the range of a
through Nextel Online® Services statements, provider with which Nextel has a reciprocal service
opinions, graphics, photos, music, services and other arrangement ("Service Area"). CUSTOMER'S Alli)
information ("Content"), including Content provided SERVICE AREA IS SUBJECT TO CHANGE AT ANY
by third parties. Customer acknowledges that Nextel TIME IN NEXTEL'S SOLE DISCRETION. Service
offers no guarantee or assurance regarding the quality and availability within Customer's Service
accuracy, completeness, appropriateness or utility of Area is also affected by conditions Nextel does not
the Content. Customer also acknowledges that control, including the Equipment, problems
Nextel does not publish and is in no way responsible associated with interconnecting carriers, power
for any Content that is provided by third parties. failures, "viruses", obstructions such as buildings or
Customer also may establish contact with third trees, tunnels, atmospheric, geographic or
parties through Nextel Online® Services. Nextel is topographical conditions and other conditions.
not responsible for the actions of third parties Service also may be limited or temporarily
contacted by Customer, whether such contact was unavailable due to System capacity limitations or
initiated by Customer or was brought about through system repairs or modifications. Nextel also may be
an embedded link on the Equipment. Content required during public safety emergencies or when
providers and others have proprietary interests in System capacity is otherwise limited to limit access to
certain Content. Customer shall not, and will not the Nextel network for those customers that are not•
permit others, to reproduce, broadcast, distribute, then using the Service and connected to the network
sell, publish, commercially exploit or otherwise in order to facilitate communications by public safety
disseminate any Content in any manner without the organizations such as police and fire departments. In
prior written consent of Nextel, the Content providers, this event, customers that have priority access
or others with proprietary interests in such Content, Service will be given access to the Nextel network
as applicable. before Nextel's non-priority access customers.
Nextel will not complete calls to 900, 976 or similar
numbers for pay-per-call services. Caller
5
Contract#N4004120804
. Government Contract
identification information may not be available for all unavailability of the Service during periods of
"incoming calls. International calling may be blocked. scheduled or unscheduled network maintenance.
(g) Equipment. Customer acknowledges that Nextel (ii) For any claims not related to Service Disruption
is not responsible for the operation, quality of involving bodily injury or death or damage to tangible
transmission, or, unless separate maintenance personal or real property caused by the intentional
arrangements have been made between Nextel and tortuous conduct, unlawful conduct, and gross
Customer, for maintenance of the Equipment. negligence of Nextel, its employees or agents,
Customer further acknowledges that Equipment Nextel's entire liability is limited to reasonable costs
purchased from Nextel is not compatible with and will of defense and proven direct damages.
not support services provided by other wireless
carriers, except for those services provided by an (iii) For claims of infringement of patents, copyrights
entity operating compatible iDEN equipment or in or other intellectual property, the remedies set forth in
connection with roaming to certain countries outside Section 11, Intellectual Property Indemnification,
of the United States. NEXTEL SHALL NOT BE herein.
LIABLE FOR ANY DAMAGES (INCLUDING
DAMAGE TO THE EQUIPMENT) RESULTING (iv) For any other type of claim in any manner related
FROM INSTALLATION OF ANY EQUIPMENT BY to this Agreement (whether in contract, tort,
CUSTOMER OR ANY THIRD PARTY. negligence, strict liability, and whether such claims
are based upon tort, statute or otherwise), Nextel's
9. Indemnification. Nextel will defend, indemnify and entire liability shall be limited to reasonable costs of
hold harmless the Customer against all claims, defense and proven direct damages, not to exceed
actions, damages, costs, and liabilities (including per claim (or in the aggregate during any twelve (12)
reasonable attorney's fees), and all liability to third month period) the total payments made by Customer
parties arising from or in connection with any death, under this Agreement.
bodily injury or damage to tangible personal or real
property caused or incurred by the intentional (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY
tortuous conduct, unlawful conduct, and gross CONSEQUENTIAL, SPECIAL, INCIDENTAL,
eir-negligence of Nextel's employees, subcontractors, or INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
agents while upon the premises of or controlled by NOR FOR LOST PROFITS, LOSS OF BUSINESS,
Customer. To receive the foregoing indemnities, LOSS OF DATA, LOSS OF USE, OR LOST
Customer must promptly notify Nextel in writing of a SAVINGS OR INCREASED COST OF
claim or suit and provide reasonable cooperation (at OPERATIONS, SUSTAINED BY CUSTOMER OR
Nextel's expense) and full authority to defend or ANY THIRD PARTIES IN CONNECTION WITH THIS
settle the claim or suit. Nextel shall have no AGREEMENT, WHETHER OR NOT SUCH
obligation to indemnify the Customer under any DAMAGES ARE FORESEEN OR UNFORESEEN.
settlement made without Nextel 's written consent.
(c) Nothing herein is intended expressly or implicitly
10. Limitation of Liability. (a) Nextel's entire liability to benefit any person who is not a named party to this
under this Agreement for any loss or damage caused contract or to provide any third party (including any
by a material breach by Nextel, its employees or user of the Equipment or Service) with any remedy,
agents related to Nextel's performance hereunder claim, liability, reimbursement, cause of action, or
shall be as follows: other right or privilege. This entire Limitation of
Liability provision shall survive termination of this
(i) For any claims whatsoever arising from or related Agreement.
to service disruption, regardless of the cause
("Service Disruption"), Nextel's sole liability is limited 11. Intellectual Property Indemnification. (a) If
to a credit allowance equal to the proportionate Customer promptly notifies Nextel in writing of a third
charge to Customer for the period of the Service party claim against Customer that any Nextel
Disruption. Service Disruptions do not include Equipment or Service provided under the Agreement,
or any material provided by Nextel which is included
6
rilik Contract#N4004120804
Government Contract t
in or used in the development or provision of the CONTENT, AND/OR APPLICATIONS. CUSTOMER
Equipment or Service, infringes a U.S. patent, ACKNOWLEDGES THAT SERVICE DISRUPTIONS
copyright, trade secret, or trademark of any third WILL OCCUR FROM TIME TO TIME AND,
party, Nextel shall defend such claim at its expense SUBJECT ONLY TO THE LIMITATION OF
and shall pay any costs or damages that may be LIABILITY PROVISION SET FORTH BELOW,
finally awarded against Customer. Nextel shall not AGREES TO WAIVE ANY AND ALL CLAIMS,
indemnify Customer, however, if the claim of ACTIONS, SUITS, DEMANDS AND JUDGMENTS,
infringement is caused by: (1) misuse or INCLUDING WITHOUT LIMITATION ANY CLAIMS
unauthorized modification of the Equipment or FOR INDEMNIFICATION, AGAINST NEXTEL
Service by Customer; (2) failure to use corrections or ARISING FROM OR RELATED TO ALL SUCH
enhancements made available to Customer by SERVICE DISRUPTIONS.
Nextel; (3) use of the Equipment or Service in
combination with any product or information not (b) Equipment: NEXTEL DOES NOT
owned or developed by Nextel, unless the claim MANUFACTURE ANY EQUIPMENT. EXCEPT FOR
would have arisen solely from the use of the ANY WARRANTIES THE CUSTOMER RECEIVES
Equipment or Service without combination with such FROM THE EQUIPMENT MANUFACTURER,
product or information; (4)Customer's distribution, NEXTEL MAKES NO WARRANTIES OR
marketing, or use for the benefit of third parties of the REPRESENTATIONS OF ANY KIND, STATUTORY,
Equipment or Service; or (5) information, direction, EXPRESS OR IMPLIED, TO CUSTOMER OR TO
specification, or materials provided by Customer. ANY OTHER PURCHASER OF THE EQUIPMENT,
(b) If any Equipment or Service is found to be INCLUDING ANY EXPRESS OR IMPLIED
infringing, Nextel shall, at its expense and option, WARRANTIES OF MERCHANTABILITY OR
either (i)procure the right for Customer to continue FITNESS FOR A PARTICULAR PURPOSE.
using it, (ii)replace it with a non-infringing equivalent, CUSTOMER HEREBY WAIVES ALL OTHER
(iii) modify it to make it non-infringing, or (iv)direct WARRANTIES, GUARANTEES, CONDITIONS, OR
the return of the Equipment and refund of the fees LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
and expenses paid for such Equipment and Service LAW OR OTHERWISE RELATED TO THE
and any Equipment and Service that are dependent EQUIPMENT. EXCEPT FOR ANY WARRANTIES
thereon, less a reasonable amount for Customer's THE CUSTOMER RECEIVES FROM THE
use of the Equipment and Service up to the time of EQUIPMENT MANUFACTURER, THERE ARE NO
return. To receive the foregoing indemnities, WARRANTIES THAT EXTEND BEYOND THE
Customer must promptly notify Nextel in writing of a DESCRIPTION CONTAINED IN THE
claim or suit and provide reasonable cooperation and MANUFACTURER'S WARRANTIES APPLICABLE
full authority to defend or settle the claim or suit. TO A GIVEN ITEM OF EQUIPMENT. IF THE
(c) THE FOREGOING PROVISIONS OF THIS EQUIPMENT PROVES DEFECTIVE, ANY COSTS
SECTION STATE THE ENTIRE LIABILITY AND OF NECESSARY SERVICING AND REPAIR WILL
OBLIGATION OF NEXTEL AND ANY OF ITS BE BORNE BY THE CUSTOMER UNLESS
LICENSORS, AND THE EXCLUSIVE REMEDY OF OTHERWISE AGREED BY NEXTEL IN WRITING.
THE CUSTOMER, WITH RESPECT TO ANY IN NO EVENT SHALL NEXTEL BE LIABLE FOR
ACTUAL OR ALLEGED INFRINGEMENT OF ANY ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
U.S. PATENT, COPYRIGHT, TRADE SECRET, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
TRADEMARK OR OTHER INTELLECTUAL NOR FOR LOST PROFITS, LOSS OF BUSINESS,
PROPERTY RIGHT BY THE EQUIPMENT AND/OR LOSS OF DATA, LOSS OF USE, OR LOST
SERVICES OR ANY PART THEREOF. SAVINGS OR INCREASED COST OF
12. Warranties Disclaimed. (a) Service, Content, OPERATIONS, SUSTAINED BY CUSTOMER OR
Applications: NEXTEL MAKES NO WARRANTIES, ANY THIRD PARTIES ARISING FROM OR
EXPRESS OR IMPLIED, INCLUDING WITHOUT RELATED TO THE INTERRUPTION OR FAILURE
LIMITATION, ANY IMPLIED WARRANTY OF IN THE OPERATION OF ANY EQUIPMENT,
MERCHANTABILITY OR FITNESS FOR A WHETHER OR NOT SUCH DAMAGES ARE
PARTICULAR PURPOSE TO CUSTOMER IN FORESEEN OR UNFORESEEN.
CONNECTION WITH ITS USE OF THE SERVICE,
7
Contract#N4004120804
• Government Contract
(c) UNDER CERTAIN CIRCUMSTANCES, SOME part for this purpose. If Customer breaches this
ro.JURISDICTIONS MAY NOT RECOGNIZE OR GIVE Agreement or terminates Service for any reason
EFFECT TO, IN WHOLE OR IN PART, WARRANTY (including by porting its Phone number to another
DISCLAIMERS. THEREFORE, TO THE EXTENT service provider), Customer understands and
THAT THE DISCLAIMER OF WARRANTIES SET acknowledges that Nextel will not receive the full
FORTH HEREIN IS NOT PERMITTED BY benefit of its Agreement with Customer, in part,
APPLICABLE LAW, IT WILL NOT APPLY TO because Nextel will not continue to receive monthly
CUSTOMER OR SHALL ONLY APPLY TO THE service charges from Customer. As a result, Nextel
EXTENT PERMITTED BY SUCH APPLICABLE shall incur damages that are difficult, if not
LAW. impossible, to determine. THEREFORE, IN THE
CASE OF CUSTOMER'S BREACH OR EARLY
13. Termination. (a) Customer may terminate this TERMINATION WITHIN THE FIRST TWELVE (12)
Agreement for convenience, in whole or in part, upon MONTHS OF THIS AGREEMENT, CUSTOMER
at least thirty (30) days prior written notice. If SHALL PAY TO NEXTEL (IN ADDITION TO ALL
Customer terminates all or part of this Agreement for AMOUNTS THEN OWED TO NEXTEL) THE SUM
convenience, Customer must pay Nextel all fees and OF TWO HUNDRED DOLLARS ($200.00) FOR
charges for all Services, work done, and preparations EACH NUMBER ASSIGNED TO CUSTOMER'S
made (including reasonable startup and ACCOUNT AS A REASONABLE ESTIMATE OF
implementation costs that were to be amortized over THE DAMAGES INCURRED BY NEXTEL. This is
future payments) for the terminated portions of the intended to maintain Nextel's overall rate at an
Agreement, including reasonable settlements with acceptable level despite Customer's early termination
subcontractors, reasonable costs of settling the and will be assessed without exception unless
terminated work, and a reasonable allowance for otherwise provided in this Agreement or by applicable
profit for Equipment and/or Service already provided law.
to and accepted by Customer.
(e) Nextel will not pay or accept any liability for
(b) In the event either Party breaches a material excess reprocurement costs (costs of cover). In the
rok provision or obligation under this Agreement, then the event Nextel is determined to be in breach of a
non-defaulting Party may terminate the Agreement if material obligation under this Agreement and Nextel
the defaulting Party does not remedy the breach fails to remedy such breach within a minimum of
within the "Cure Period." The Cure Period shall be a thirty (30) days from the date of Customer's delivery
minimum of thirty (30) days from the date that the of written notice thereof, Customer's sole remedy will
non-defaulting Party provides written notice ("Cure be to terminate this Agreement.
Notice") of such breach to the defaulting Party, and
provides such defaulting Party with an opportunity to 14. Force Majeure. Notwithstanding anything to the
cure. contrary contained in this Agreement (including, but
not limited to, installation, delivery and liquidated
(c) Customer shall provide Nextel with reasonable damages), neither Party shall be liable for loss or
notice of any lack of allocable funds or appropriation damage or be deemed to be in breach of the
of funds relating to this Agreement. Customer shall Agreement due to such Party's failure or delay of
be responsible for payment of fees and charges performance, wholly or in part, if such failure or delay
incurred for services provided prior to the date the is due to causes beyond a Party's reasonable control
Agreement is terminated for any such lack of or beyond the reasonable control of its
allocable or appropriation of funds. subcontractors or agents whether foreseen or
unforeseen, including, but not limited to, acts of God,
(d) Nextel incurs a significant cost in activating fire, flood, explosion, vandalism, or unusually severe
Service to Customer, including a large up-front cost weather; any law, order, regulation or request of the
in offering Equipment to Customer. These costs are United States government or of any government
partially recouped over the length of Customer's having jurisdiction or of any agency, commission,
Agreement with Nextel through monthly service rate court or other instrumentality of any one or more of
charges to Customer,which have been established in such governments; national emergencies; acts of civil
8
elPk Contract#N4004120804
Government Contract
or military authority; riots; wars; strikes, terrorist acts; information about the Customer, compared to the
criminal or malicious acts of third parties, lockouts, information available to them if Customer's
work stoppages or other such labor difficulties; loss Equipment was GPS-enabled. The information
or interruption of electrical power or other public available to emergency service providers may also
utility; cable cuts; transmission tower damage; or acts be limited if Customer's number or numbers are in
or omissions of the local exchange company or other the process of being ported. Customer
third party beyond the reasonable control of a Party. acknowledges that E911 service is not available in all
Any failure or delay of performance resulting areas, is not completely reliable and is further limited
therefrom that a Party has been unable to avoid or when using non-GPS enabled Equipment or during
overcome by the exercise of due diligence shall the number porting process. CUSTOMER AGREES
extend performance accordingly or excuse TO WAIVE ANY AND ALL CLAIMS, ACTIONS,
performance, in whole or in part, as may be SUITS, DEMANDS AND JUDGMENTS, INCLUDING
reasonable. WITHOUT LIMITATION ANY CLAIMS FOR
INDEMNIFICATION, AGAINST NEXTEL ARISING
15. Privacy; Notice Regarding Emergency Calls; OUT OF THE USE OR ATTEMPTED USE OF
Customer Information. (a) Privacy. Wireless systems NEXTEL'S SERVICE TO ACCESS 911 OR OTHER
use radio channels to transmit communications that EMERGENCY SERVICES. Customer consents to
may be accidentally or intentionally intercepted. Nextel's disclosure of Customer information to
Although federal and state laws may make it illegal governmental and public safety authorities in
for third parties to listen in on Customer's Service, response to emergencies. This information may
privacy cannot be guaranteed. NEXTEL SHALL NOT include, but is not limited to, Customer's name,
BE LIABLE TO CUSTOMER OR TO ANY THIRD address, Number, and the location of the user of the
PARTY FOR EAVESDROPPING ON OR Service at the time of call.
INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE (c) Access, Use and Disclosure of Customer
EQUIPMENT. Information and Communications. Customer
acknowledges and agrees that Nextel may access,
(b) 911 or Other Emergency Calls. The Service does use, and disclose to third parties, any information
not interact with 911 and other emergency services in whether personally identifying information, or
the same manner as non-wireless or landline "customer proprietary network information" ("CPNI")
telephone services. Depending on Customer's within the meaning of 47 U.S.C. § 222 and its
location, the type of Equipment being used, the type implementing regulations ("CPNI Regulations") that
of equipment being utilized by any applicable Nextel collects, possesses or develops about
emergency services provider, and the circumstances Customer to: (1) provide Customer with Equipment,
and conditions of a particular call, Customer's phone Service, or customer support; (2) conduct marketing
number and/or location may not be identifiable to activities in accordance with applicable law
emergency services providers and Customer may not (Customer may opt out of any such marketing by
be connected to the appropriate emergency services contacting Nextel); (3) enable Customer to switch to
provider. In certain circumstances, a 911 call may be a new service provider (either Nextel or another
routed to a state patrol dispatcher. Nextel is service provider) while retaining the same phone
deploying wireless Enhanced 911 ("E911") number; (4) list Customer's contact information (e.g.,
compatible Equipment that meets applicable Federal name, address, and Number) in a telephone or
Communications Commission ("FCC") requirements subscriber directory, or include such information in a
and that is designed to help public safety authorities directory assistance service; (5) provide handset-
locate users of the Service who make 911 calls. based or network-based geographic information
However, E911 service that is compatible with the services via Nextel-provided or third party software
FCC technical requirements is not available in all Applications; (6) comply with applicable law; or (7)
areas, and even in those areas where it is available, respond to emergencies. Customer acknowledges
it is not entirely reliable. Moreover, if Customer's that any information that identifies Customer (e.g.,
Equipment is not GPS-enabled, emergency services Customer's name and Number) and calls made by
personnel may have much less precise location Customer may appear on the Equipment or bill of a
9
Contract#N4004120804
• Government Contract
person or party that receives Customer's call. Nextel the possession of the receiving Party at the time of its
rmay access, use, disclose, record or monitor any disclosure and is not otherwise subject to obligations
communications to or from Customer or any other of confidentiality; (b) is or becomes publicly known,
person to protect Nextel's rights or property or those through no wrongful act or omission of the receiving
of other customers, as permitted by law. Party; (c) is received without restriction from a third
party free to disclose it without obligation to the
(d) Geographic Information Services. Consistent with disclosing Party; (d) is developed independently by
the foregoing, Customer acknowledges and agrees the receiving Party without reference to the
that Nextel or a third party application service Confidential Information; or (e) is require to be
provider may access, use, and disclose to third disclosed by statute, regulation, court or government
parties the geographic location of Customer's order, or otherwise by law.
Equipment to provide Customer with any geographic
information service which Customer accesses 16. Order of Precedence. Customer's Solicitation for
through the Service or Equipment. If Customer Cellular Phone Services and Nextel's proposal
utilizes any such service and there are additional submitted in response to Customer's Solicitation are
users on Customer's account, Customer shall clearly, hereby incorporated by reference. In the event of an
conspicuously, and regularly notify all individual users inconsistency or conflict between or among the
of the Service that location information (i.e., the provisions of this Agreement, the inconsistency or
geographic coordinates of the Equipment) may be conflict shall be resolved by giving precedence to the
accessed, used, or disclosed in connection with the following documents as follows: (i) this Agreement,
Service. For any geographic information service that including attachments; (ii) Nextel's proposal; and (iii)
is governed by the CPNI regulations or a similar law, Customer's solicitation. In the event of inconsistency
Nextel will provide Customer with a separate notice among the main body of this Agreement and the
and opportunity to consent to the access, use, and Attachments, the order of precedence shall be the
disclosure of geographic information. CUSTOMER main body of this Agreement and the Attachments in
AGREES TO WAIVE ANY AND ALL CLAIMS, alphabetical or numerical order.
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR
rCAUSES OF ACTION (INCLUDING ALL ACTIONS 17. Disputes. Any dispute arising between the
BY THIRD PARTIES) AGAINST NEXTEL ARISING Parties relating to this Agreement, which is not
OUT OF A BREACH OF CUSTOMER'S resolved by mutual agreement of the Parties, will be
OBLIGATION TO NOTIFY USERS AS SET FORTH promptly submitted in writing to the other Party in
IN THIS SECTION OR CUSTOMER'S USE OF ANY accordance with the Notice requirements of the
GEOGRPAHIC INFORMATION SERVICE OR Agreement. The Parties shall designate individuals
LOCATION INFORMATION. with authority to resolve the dispute and such
individuals shall work diligently and in good faith to
(e) Confidential Information. Commencing on the resolve the dispute within thirty (30) days. In the
Effective Date of this Agreement and continuing for a event the Parties are unable to resolve the dispute
period of three (3) years from the termination of this within thirty (30) days, either Party may refer the
Agreement, each Party shall protect as confidential, dispute to a court of competent jurisdiction or, if both
and shall not disclose to any third party, any Parties agree, to mediation, arbitration or other
Confidential Information received from the disclosing alternative dispute resolution method. Each Party
Party or otherwise discovered by the receiving Party shall continue to perform its obligations under the
during the Term of this Agreement, including but not Agreement pending final resolution of the dispute.
limited to, the pricing and terms of this Agreement, Except as otherwise provided under the Agreement,
and any information relating to the disclosing Party's Customer and Nextel shall each bear its own costs
technology, business affairs, and marketing or sales and expenses incurred in connection with dispute
plans (collectively the "Confidential Information"). resolution pursuant to this Agreement. In addition,
The Parties shall use Confidential Information only for Customer and Nextel shall share equally all third
the purpose of this Agreement. The foregoing party costs in connection with any attempt to resolve
restrictions on use and disclosure of Confidential disputes pursuant to this Agreement, unless
Information do not apply to information that: (a) is in otherwise agreed.
10
Contract#N4004120804
Government Contract
be in writing and either transmitted via overnight
18. Assignment. Neither Party may assign this courier, facsimile with correct answerback, electronic
Agreement or any rights hereunder, without the prior mail, hand delivery or certified or registered mail,
written consent of the other Party, which consent postage prepaid and return receipt requested to the
shall not be unreasonably withheld, except that Parties at the following addresses. Notices will be
Nextel may assign this Agreement to any parent, deemed to have been given when received.
subsidiary or affiliate of Nextel or to any purchaser of
all or substantially all its assets upon written Customer:
notification to Customer. Subject to the restrictions City of Elgin
contained herein, this Agreement shall bind and inure 160 Dexter Court
to the benefit of the successors and assigns of the Elgin, IL. 60120
Parties hereto. Attn: Gail Cohen, Purchasing Manager
19. Independent Contractor. Nextel is and shall Nextel:
perform these services as an independent contractor Nextel Communications
and as such, shall have and maintain complete 2001 Edmund Halley Drive
control over all of its employees, agents and Mail Stop A2-5
operations. Neither Nextel nor anyone employed by Reston, VA 20191
it shall be, represent, act, purport to act or be Attn: Rexford R. Gile 3`c,CPCM
deemed to be the agent, representative, employee or Senior Contracts Manager
servant of Customer. The Parties understand and
agree that this Agreement is not intended to create and Customer shall ensure that a contemporaneous copy
does not create a joint venture, partnership, or agency of all notices under this Section is sent to: Vice
relationship. Each Party shall be conclusively President & Assistant General Counsel — Public
deemed to be an independent contractor and not Sector, Nextel Communications, 2001 Edmund
under the control or supervision of the other Party, Halley Drive, Reston,VA 20191.
except as it pertains to the quality control over the
use of the other Party's trademarks. 23. Publicity. Neither Party shall: (a) use any service
mark or trademark of the other Party; or (b) refer to
20. Governing Law. This Agreement shall be the other Party in connection with any advertising,
governed by the laws of the State of Illinois without promotion, press release or publication unless it
regard to its choice of law principles. obtains the other Party's prior written approval.
21. Severability; Waiver; Headings. If any portion of 24. No Third Party Beneficiary. It is expressly
this Agreement is held or determined to be invalid or understood and agreed that enforcement of the terms
unenforceable, the remaining provisions will not be and conditions of this Agreement, and all rights of
affected thereby. The failure of a Party to object to, or action relating to such enforcement, shall be strictly
to take affirmative action with respect to, any conduct reserved to Nextel and Customer, and nothing
of the other Party which is in violation of the terms of contained in this Agreement shall give or allow,
this Agreement shall not be construed as a waiver of expressly or implicitly, any such claim or right of action
the violation or breach or of any future violation, to benefit any person who is not a named party to this
breach, or wrongful conduct. Any waiver, in whole or Agreement to provide any third person on such
in part, of any provision hereof shall not be construed Agreement, including but not limited to subcontractors,
as a waiver of any other provision hereof, or as a consultants, and suppliers. It is the express intention of
future waiver of any subsequent breach by a Party. Nextel and Customer that any party or person other
The headings of sections of this Agreement are for than Nextel and Customer receiving services or
the convenience of the Parties only and shall not be benefits under this Agreement shall be deemed to be
considered in any interpretation of this Agreement. an incidental beneficiary only.
22. Notices. All notices, requests, or other 25. Examination of Records. Nextel shall maintain in
communications (excluding invoices) hereunder shall accordance with applicable law and generally
11
Contract#N4004120804
Government Contract
accepted commercial standards all relevant records
'' relating to this Agreement for a period of six (6)years 26. Entire Agreement. This Agreement (and any
following the date of acceptance of final payment Attachments and other documents incorporated
under the Agreement. Upon reasonable prior written herein by reference) constitutes the entire agreement
notice, Nextel shall make records relating to the between the Parties with respect to its subject matter
Agreement available to Customer at Nextel's and supersedes all other representations,
business offices during normal business hours for understandings or agreements that are not
inspection, examination or audit. Further, due to the expressed herein, whether oral or written. Except as
highly sensitive and proprietary nature of Nextel's otherwise set forth herein, no amendment to this
records, any third party auditor acting on behalf of the Agreement shall be valid unless in writing and signed
Customer shall be subject to prior approval by Nextel by both Parties. Terms defined in the main body of
and may be required at Nextel's sole discretion to this Agreement shall have the same meaning in the
execute Nextel's standard Non-Disclosure Attachments and visa versa.
Agreement prior to examining, inspecting, copying or
auditing Nextel's records.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as
of the Effective Date.
City of Elgin: Nextel West Corp.,
d/b/a Nextel Communications
By: By:
Name: Name: H. Leon Frazier
Title: Title: Vice President
Date: Date:
12
Contract#N4004120804
C
C
<0OFf4Ci
Cit of Elgin Agenda Item No.
•' E
L 401
January 7, 2005
I 1
N r
TO: Mayor and Members of the City Council 'Y , �� f, • ,,
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND QUALITY IN FRA STISJC TURE
FROM: David M. Dorgan, City Manager
Gail Cohen, Purchasing Director
SUBJECT: Agreement with Nextel For Cellular Phone Services
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract for
RECOMMENDATION
It is recommended that the City Council approve a one year contract with Nextel at the
discounted prices detailed in the agreement for an estimated cost of$110,000 a year.
F BACKGROUND
In 1999, the City's Emergency Response Team, consisting of members of the public safety
departments, City Manager's Office, and certain department heads (about 9 people in all)
selected Nextel as the mode of communication in case of an emergency. Nextel was selected
because of its unique "direct connect" feature which permitted the phone to work as a walkie-
talkie and make contact with the press of one button. The use of Nextels grew over the next five
years until it has become the defacto standard for wireless communication among City
employees. Nextel still remains the only wireless company to provide direct connect.
The City receives a ten percent government discount on all rate plans and equipment purchases.
Nextel will give us an eighteen percent discount if we enter into a one year agreement with them.
It is highly unlikely the City will want to change cell phone providers within the next year and it
is recommended that we take advantage of this opportunity to save money on our cell phone bill.
GROUPS/INTERESTED PERSONS CONTACTED
None.
4°11)Nextel Agreement
January 7, 2005
Page 2
Ork_FINANCIAL IMPACT
The City spends about $130,000 annually in cell phone usage and equipment. It is anticipated
the pricing on the proposed agreement will save the City at least $20,000 annually. There are
sufficient funds available in each department's utilities account (series 38-01) to pay for their
monthly portion of the Nextel bills.
,,,, _ IfEGAL IMPACT
/This agreement requires an exception to the procurement ordinance and a 2/3 vote by Council to
approve. Legal has reviewed the attached agreement.
ALTERNATIVES
1. Enter into the agreement as recommended.
2. Do not enter into the agreement and do not receive the discount.
3. Search for alternate wireless/direct connect phone provider.
Respectfully submitted for Council consideration.
GAC
Attachment
Al)
Government Contract
AGREEMENT
BETWEEN
THE CITY OF ELGIN
AND
NEXTEL WEST CORP.
AGREEMENT#N4004120804
THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT(hereinafter the"Agreement")is made this 1st day of
December, 2004 (hereinafter the "Effective Date") by and between Nextel West Corp. d/b/a Nextel
Communications, a Delaware corporation with an office at 27755 Stansbury Boulevard, Farmington Hills, Michigan
48334 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") and City of Elgin, located at 150
Dexter Court, Elgin, Illinois 60120 (hereinafter"Customer"). Nextel and Customer are sometimes referred to herein
individually as a"Party"or collectively as the"Parties."
WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the "System(s)"),
together with affiliated companies as a nationwide network, in certain geographic areas throughout the United
States, and provides cellular phone ("Phone"), BlackBerry®, radio equipment and all other related equipment or
devices used in connection with Customer's service(collectively,the"Equipment");
WHEREAS, Customer's services may include, but are not limited to, wireless calling, Direct Connect®walkie-talkie
services, Nationwide Direct Connect walkie-talkie services, Group Connects""walkie-talkie services, wireless web
services including email services ("Nextel Online® Services"), mobile messaging services, including two-way
messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the
"Service(s)"); and
WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s)
or email address(es)(collectively, the"Number(s)")assigned to Customer's account(s);
NOW THEREFORE,the Parties hereby agree as follows:
1. Equipment and Services. Nextel will provide to any orders received after the expiration of the
Customer the Equipment and Services at the prices Agreement. If Nextel continues to provide Service
identified in Attachment A to this Agreement or as and/or fulfills orders placed after the expiration of this
otherwise incorporated by reference into this Agreement, the Parties understand and expressly
Agreement or agreed to by the Parties. agree that the terms and conditions of this
Agreement shall govern all such Equipment and
2. Term. (a) The initial term ("Term") of this Service and Customer agrees to pay for all such
Agreement shall begin on the Effective Date and be Equipment and Services or Nextel may terminate
effective for a period of one year, unless sooner Service immediately.
terminated in accordance with any applicable
provision set forth herein. The Term may be 3. Purchase Orders. Any Purchase Orders shall be
extended upon the mutual written agreement of the subject to this Section and shall describe the
Parties for up to two consecutive one-year periods. Equipment and Services being purchased; the
quantity to be purchased; the delivery destinations;
(b) In the event that this Agreement expires but the requested delivery dates and any other
Customer desires to continue existing Service and/or information required by this Agreement. Nextel shall
place orders for new Equipment or Service, Nextel accept all Purchase Orders consistent with the terms
may continue to provide Service and/or may fulfill of this Agreement that are submitted in accordance
such orders at Nextel's sole discretion, but Nextel with this Section. The terms and conditions of this
shall have no obligation to provide Service or to fulfill Agreement relating to the purchase of Services and
1
Contract#N4004120804
Government Contract
AGREEMENT
BETWEEN
THE CITY OF ELGIN
AND
NEXTEL WEST CORP.
AGREEMENT#N4004120804
THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT(hereinafter the"Agreement")is made this 1st day of
December, 2004 (hereinafter the "Effective Date") by and between Nextel West Corp. d/b/a Nextel
Communications, a Delaware corporation with an office at 27755 Stansbury Boulevard, Farmington Hills, Michigan
48334 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") and City of Elgin, located at 150
Dexter Court, Elgin, Illinois 60120 (hereinafter"Customer"). Nextel and Customer are sometimes referred to herein
individually as a"Parry"or collectively as the"Parties."
WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the "System(s)"),
together with affiliated companies as a nationwide network, in certain geographic areas throughout the United
States, and provides cellular phone ("Phone"), BlackBerry®, radio equipment and all other related equipment or
devices used in connection with Customer's service(collectively, the"Equipment");
WHEREAS, Customer's services may include, but are not limited to, wireless calling, Direct Connect®walkie-talkie
services, Nationwide Direct Connect walkie-talkie services, Group ConnectSM walkie-talkie services, wireless web
services including email services ("Nextel Online® Services"), mobile messaging services, including two-way
messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the
"Service(s)"); and
WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s)
or email address(es)(collectively, the"Number(s)")assigned to Customer's account(s);
NOW THEREFORE, the Parties hereby agree as follows:
1. Equipment and Services. Nextel will provide to any orders received after the expiration of the
Customer the Equipment and Services at the prices Agreement. If Nextel continues to provide Service
identified in Attachment A to this Agreement or as and/or fulfills orders placed after the expiration of this
otherwise incorporated by reference into this Agreement, the Parties understand and expressly
Agreement or agreed to by the Parties. agree that the terms and conditions of this
Agreement shall govern all such Equipment and
2. Term. (a) The initial term ("Term") of this Service and Customer agrees to pay for all such
Agreement shall begin on the Effective Date and be Equipment and Services or Nextel may terminate
effective for a period of one year, unless sooner Service immediately.
terminated in accordance with any applicable
provision set forth herein. The Term may be 3. Purchase Orders. Any Purchase Orders shall be
extended upon the mutual written agreement of the subject to this Section and shall describe the
Parties for up to two consecutive one-year periods. Equipment and Services being purchased; the
quantity to be purchased; the delivery destinations;
(b) In the event that this Agreement expires but the requested delivery dates and any other
Customer desires to continue existing Service and/or information required by this Agreement. Nextel shall
place orders for new Equipment or Service, Nextel accept all Purchase Orders consistent with the terms
may continue to provide Service and/or may fulfill of this Agreement that are submitted in accordance
such orders at Nextel's sole discretion, but Nextel with this Section. The terms and conditions of this
shall have no obligation to provide Service or to fulfill Agreement relating to the purchase of Services and
1
Contract#N4004120804 441)
Government Contract
(Pik AGREEMENT
BETWEEN
THE CITY OF ELGIN
AND
NEXTEL WEST CORP.
AGREEMENT#N4004120804
THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT(hereinafter the "Agreement")is made this 1st day of
December, 2004 (hereinafter the "Effective Date") by and between Nextel West Corp. d/b/a Nextel
Communications, a Delaware corporation with an office at 27755 Stansbury Boulevard, Farmington Hills, Michigan
48334 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") and City of Elgin, located at 150
Dexter Court, Elgin, Illinois 60120 (hereinafter"Customer"). Nextel and Customer are sometimes referred to herein
individually as a"Party"or collectively as the"Parties."
WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the "System(s)"),
together with affiliated companies as a nationwide network, in certain geographic areas throughout the United
States, and provides cellular phone ("Phone"), BlackBerry®, radio equipment and all other related equipment or
devices used in connection with Customer's service(collectively,the"Equipment");
WHEREAS, Customer's services may include, but are not limited to, wireless calling, Direct Connect®walkie-talkie
services, Nationwide Direct Connect walkie-talkie services, Group Connects"' walkie-talkie services, wireless web
services including email services ("Nextel Online® Services"), mobile messaging services, including two-way
messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the
"Service(s)"); and
WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s)
or email address(es)(collectively, the"Number(s)")assigned to Customer's account(s);
NOW THEREFORE,the Parties hereby agree as follows:
1. Equipment and Services. Nextel will provide to any orders received after the expiration of the
Customer the Equipment and Services at the prices Agreement. If Nextel continues to provide Service
identified in Attachment A to this Agreement or as and/or fulfills orders placed after the expiration of this
otherwise incorporated by reference into this Agreement, the Parties understand and expressly
Agreement or agreed to by the Parties. agree that the terms and conditions of this
Agreement shall govern all such Equipment and
2. Term. (a) The initial term ("Term") of this Service and Customer agrees to pay for all such
Agreement shall begin on the Effective Date and be Equipment and Services or Nextel may terminate
effective for a period of one year, unless sooner Service immediately.
terminated in accordance with any applicable
provision set forth herein. The Term may be 3. Purchase Orders. Any Purchase Orders shall be
extended upon the mutual written agreement of the subject to this Section and shall describe the
Parties for up to two consecutive one-year periods. Equipment and Services being purchased; the
quantity to be purchased; the delivery destinations;
(b) In the event that this Agreement expires but the requested delivery dates and any other
Customer desires to continue existing Service and/or information required by this Agreement. Nextel shall
place orders for new Equipment or Service, Nextel accept all Purchase Orders consistent with the terms
may continue to provide Service and/or may fulfill of this Agreement that are submitted in accordance
such orders at Nextel's sole discretion, but Nextel with this Section. The terms and conditions of this
shall have no obligation to provide Service or to fulfill Agreement relating to the purchase of Services and
1
(Pik Contract#N4004120804
Government Contract
AGREEMENT 415
BETWEEN
THE CITY OF ELGIN
AND
NEXTEL WEST CORP.
AGREEMENT#N4004120804
THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT(hereinafter the "Agreement")is made this 1st day of
December, 2004 (hereinafter the "Effective Date") by and between Nextel West Corp. d/b/a Nextel
Communications, a Delaware corporation with an office at 27755 Stansbury Boulevard, Farmington Hills, Michigan
48334 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") and City of Elgin, located at 150
Dexter Court, Elgin, Illinois 60120(hereinafter"Customer"). Nextel and Customer are sometimes referred to herein
individually as a"Party"or collectively as the"Parties."
WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the "System(s)"),
together with affiliated companies as a nationwide network, in certain geographic areas throughout the United
States, and provides cellular phone ("Phone"), BlackBerry®, radio equipment and all other related equipment or
devices used in connection with Customer's service(collectively, the"Equipment");
WHEREAS, Customer's services may include, but are not limited to, wireless calling, Direct Connect®walkie-talkie
services, Nationwide Direct Connect walkie-talkie services, Group Connects"'walkie-talkie services, wireless web
services including email services ("Nextel Online® Services"), mobile messaging services, including two-way
messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the
"Service(s)"); and
WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s)
or email address(es)(collectively, the"Number(s)")assigned to Customer's account(s);
NOW THEREFORE,the Parties hereby agree as follows:
1. Equipment and Services. Nextel will provide to any orders received after the expiration of the
Customer the Equipment and Services at the prices Agreement. If Nextel continues to provide Service
identified in Attachment A to this Agreement or as and/or fulfills orders placed after the expiration of this
otherwise incorporated by reference into this Agreement, the Parties understand and expressly
Agreement or agreed to by the Parties. agree that the terms and conditions of this
Agreement shall govern all such Equipment and
2. Term. (a) The initial term ("Term") of this Service and Customer agrees to pay for all such
Agreement shall begin on the Effective Date and be Equipment and Services or Nextel may terminate
effective for a period of one year, unless sooner Service immediately.
terminated in accordance with any applicable
provision set forth herein. The Term may be 3. Purchase Orders. Any Purchase Orders shall be
extended upon the mutual written agreement of the subject to this Section and shall describe the
Parties for up to two consecutive one-year periods. Equipment and Services being purchased; the
quantity to be purchased; the delivery destinations;
(b) In the event that this Agreement expires but the requested delivery dates and any other
Customer desires to continue existing Service and/or information required by this Agreement. Nextel shall
place orders for new Equipment or Service, Nextel accept all Purchase Orders consistent with the terms
may continue to provide Service and/or may fulfill of this Agreement that are submitted in accordance
such orders at Nextel's sole discretion, but Nextel with this Section. The terms and conditions of this
shall have no obligation to provide Service or to fulfill Agreement relating to the purchase of Services and
1
Contract#N4004120804
Government Contract
Equipment shall be deemed incorporated into and rate plan that becomes part of this Contract, including
made a part of each Purchase Order. Any terms and monthly service charges, usage charges, taxes,
conditions appearing in a Purchase Order or in any assessments and any additional fees or charges
acknowledgment or acceptance of a Purchase Order imposed on Customer in this Contract or on Nextel
that are inconsistent with, or in addition to (except as and associated with the Service or the Equipment.
required by law) the terms and conditions of this Customer is responsible for all charges or purchases
Agreement shall be null and void. associated with Customer's number and Equipment
whether or not Customer was the user of the Service
4. Payment. (a) Billing. Customer is responsible to or authorized its use.
pay Nextel, within thirty (30) calendar days from the
date of Customer's receipt of Nextel's invoice for (c) Service Charges. Customer shall pay all charges
Equipment or Service(s) provided by Nextel to for Services selected by Customer as indicated on
Customer. This shall include, without limitation, the invoice of this Contract as part of Customer's rate
interconnect fees and additional charges, as reflected plan, and any additional Services selected by
within Nextel's Other Fees and Assessments section Customer. Customer's rate plan will be offered at the
referenced herein. If Customer has multiple account rates and subject to the conditions set forth in the
numbers, Customer will identify with its payment the rate plan information provided to Customer at the
specific amounts being paid for each account time of sale. CUSTOMER'S RATE PLAN
number. The day of the month on which Customer INFORMATION SHALL BE CONSIDERED PART OF
receives an invoice may vary and is subject to THIS CONTRACT. Rates charged to Customer
change. Service charges will be invoiced to include monthly access charges and may include
Customer in advance, and usage charges will be activation and other fees associated with features
invoiced in arrears. Unless otherwise specified in such as voicemail and caller identification. Monthly
Customer's rate plan, any unused minutes or other access charges shall begin once Customer's Service
allotted Services under Customer's rate plan will not is activated, which may occur before Customer
be carried over to any other billing cycle. If receives the Equipment.
Customer's Service is terminated for any reason
r (including if Customer's Number is ported) before the (d) Usage Charges. Depending on the rate plan
end of any billing cycle, no credit or refund will be selected, Customer may incur usage charges for
provided for unused minutes or other allotted Services such as: wireless calling, Direct Connect®,
Services and any monthly service charge will not be Nationwide Direct Connect®, Group Connects""
prorated to the date of termination. On occasion, Mobile Messaging, Nextel Online®Services and other
Customer may be billed for Services in a month other Services that may be offered from time to time.
than the month in which Customer used the Service. Usage charges may vary depending on how, where
The creation of new cell sites, Nextel's and when Customer uses the Service. Customer
implementation of new billing technology, delays in may be assessed long distance charges (including
the reporting of international or other roaming international calling) or other charges for "toll-free"
charges between carriers, and other similar events calls to 800, 866, 877, 888 and other toll-free
may result in such delayed billing. Nextel may bill numbers. Customer also may be charged for the
Customer on behalf of third party providers of Online use of special Services such as 411 services or call-
Applications that are accessed by Customer through forwarding. Airtime charges will be assessed for the
the Equipment. Online Applications are defined entire period during which a call or Direct Connect®
herein as Nextel Online® Services consist of transmission is connected to the Nextel network. A
applications such as email, data, information and wireless call connection begins approximately when
other wireless Internet services ("Online Customer presses the button to initiate an outgoing
Applications"). Nextel may retain a percentage of call or the phone starts ringing for an incoming call
these charges before providing the balance to the and ends approximately when the first party
third party provider of such Online Application. terminates the call. Customer shall be responsible
for all charges for incoming wireless calls that are
(b) Payment. Customer shall pay in full all charges answered. A Direct Connect® or Group Connects"'
for Services provided under this Contract and any transmission occurs approximately when Customer
2
rik4 Contract#N4004120804
Government Contract
Equipment shall be deemed incorporated into and rate plan that becomes part of this Contract, including 411)
made a part of each Purchase Order. Any terms and monthly service charges, usage charges, taxes,
conditions appearing in a Purchase Order or in any assessments and any additional fees or charges
acknowledgment or acceptance of a Purchase Order imposed on Customer in this Contract or on Nextel
that are inconsistent with, or in addition to (except as and associated with the Service or the Equipment.
required by law) the terms and conditions of this Customer is responsible for all charges or purchases
Agreement shall be null and void. associated with Customer's number and Equipment
whether or not Customer was the user of the Service
4. Payment. (a) Billing. Customer is responsible to or authorized its use.
pay Nextel, within thirty (30) calendar days from the
date of Customer's receipt of Nextel's invoice for (c) Service Charges. Customer shall pay all charges
Equipment or Service(s) provided by Nextel to for Services selected by Customer as indicated on
Customer. This shall include, without limitation, the invoice of this Contract as part of Customer's rate
interconnect fees and additional charges, as reflected plan, and any additional Services selected by
within Nextel's Other Fees and Assessments section Customer. Customer's rate plan will be offered at the
referenced herein. If Customer has multiple account rates and subject to the conditions set forth in the
numbers, Customer will identify with its payment the rate plan information provided to Customer at the
specific amounts being paid for each account time of sale. CUSTOMER'S RATE PLAN
number. The day of the month on which Customer INFORMATION SHALL BE CONSIDERED PART OF
receives an invoice may vary and is subject to THIS CONTRACT. Rates charged to Customer
change. Service charges will be invoiced to include monthly access charges and may include
Customer in advance, and usage charges will be activation and other fees associated with features
invoiced in arrears. Unless otherwise specified in such as voicemail and caller identification. Monthly
Customer's rate plan, any unused minutes or other access charges shall begin once Customer's Service
allotted Services under Customer's rate plan will not is activated, which may occur before Customer
be carried over to any other billing cycle. If receives the Equipment.
Customer's Service is terminated for any reason
(including if Customer's Number is ported) before the (d) Usage Charges. Depending on the rate plan
end of any billing cycle, no credit or refund will be selected, Customer may incur usage charges for
provided for unused minutes or other allotted Services such as: wireless calling, Direct Connect®,
Services and any monthly service charge will not be Nationwide Direct Connect®, Group Connects"",
prorated to the date of termination. On occasion, Mobile Messaging, Nextel Online®Services and other
Customer may be billed for Services in a month other Services that may be offered from time to time.
than the month in which Customer used the Service. Usage charges may vary depending on how, where
The creation of new cell sites, Nextel's and when Customer uses the Service. Customer
implementation of new billing technology, delays in may be assessed long distance charges (including
the reporting of international or other roaming international calling) or other charges for "toll-free"
charges between carriers, and other similar events calls to 800, 866, 877, 888 and other toll-free
may result in such delayed billing. Nextel may bill numbers. Customer also may be charged for the
Customer on behalf of third party providers of Online use of special Services such as 411 services or call-
Applications that are accessed by Customer through forwarding. Airtime charges will be assessed for the
the Equipment. Online Applications are defined entire period during which a call or Direct Connect®
herein as Nextel Online Services consist of transmission is connected to the Nextel network. A
applications such as email, data, information and wireless call connection begins approximately when
other wireless Internet services ("Online Customer presses the button to initiate an outgoing
Applications"). Nextel may retain a percentage of call or the phone starts ringing for an incoming call
these charges before providing the balance to the and ends approximately when the first party
third party provider of such Online Application. terminates the call. Customer shall be responsible
for all charges for incoming wireless calls that are
(b) Payment. Customer shall pay in full all charges answered. A Direct Connect® or Group Connects""
for Services provided under this Contract and any transmission occurs approximately when Customer
2
Contract#N4004120804
Government otract
Equipment shall be deemed incorporated into and rate plan that becomes part of this Contract, including
made a part of each Purchase Order. Any terms and monthly service charges, usage charges, taxes,
conditions appearing in a Purchase Order or in any assessments and any additional fees or charges
acknowledgment or acceptance of a Purchase Order imposed on Customer in this Contract or on Nextel
that are inconsistent with, or in addition to (except as and associated with the Service or the Equipment.
required by law) the terms and conditions of this Customer is responsible for all charges or purchases
Agreement shall be null and void. associated with Customer's number and Equipment
whether or not Customer was the user of the Service
4. Payment. (a) Billing. Customer is responsible to or authorized its use.
pay Nextel, within thirty (30) calendar days from the
date of Customer's receipt of Nextel's invoice for (c) Service Charges. Customer shall pay all charges
Equipment or Service(s) provided by Nextel to for Services selected by Customer as indicated on
Customer. This shall include, without limitation, the invoice of this Contract as part of Customer's rate
interconnect fees and additional charges, as reflected plan, and any additional Services selected by
within Nextel's Other Fees and Assessments section Customer. Customer's rate plan will be offered at the
referenced herein. If Customer has multiple account rates and subject to the conditions set forth in the
numbers, Customer will identify with its payment the rate plan information provided to Customer at the
specific amounts being paid for each account time of sale. CUSTOMER'S RATE PLAN
number. The day of the month on which Customer INFORMATION SHALL BE CONSIDERED PART OF
receives an invoice may vary and is subject to THIS CONTRACT. Rates charged to Customer
change. Service charges will be invoiced to include monthly access charges and may include
Customer in advance, and usage charges will be activation and other fees associated with features
invoiced in arrears. Unless otherwise specified in such as voicemail and caller identification. Monthly
Customer's rate plan, any unused minutes or other access charges shall begin once Customer's Service
allotted Services under Customer's rate plan will not is activated, which may occur before Customer
be carried over to any other billing cycle. If receives the Equipment.
(„„,,, Customer's Service is terminated for any reason
(including if Customer's Number is ported) before the (d) Usage Charges. Depending on the rate plan
end of any billing cycle, no credit or refund will be selected, Customer may incur usage charges for
provided for unused minutes or other allotted Services such as: wireless calling, Direct Connect®,
Services and any monthly service charge will not be Nationwide Direct Connect®, Group Connects"'
prorated to the date of termination. On occasion, Mobile Messaging, Nextel Online®Services and other
Customer may be billed for Services in a month other Services that may be offered from time to time.
than the month in which Customer used the Service. Usage charges may vary depending on how, where
The creation of new cell sites, Nextel's and when Customer uses the Service. Customer
implementation of new billing technology, delays in may be assessed long distance charges (including
the reporting of international or other roaming international calling) or other charges for "toll-free"
charges between carriers, and other similar events calls to 800, 866, 877, 888 and other toll-free
may result in such delayed billing. Nextel may bill numbers. Customer also may be charged for the
Customer on behalf of third party providers of Online use of special Services such as 411 services or call-
Applications that are accessed by Customer through forwarding. Airtime charges will be assessed for the
the Equipment. Online Applications are defined entire period during which a call or Direct Connect®
herein as Nextel Online Services consist of transmission is connected to the Nextel network. A
applications such as email, data, information and wireless call connection begins approximately when
other wireless Internet services ("Online Customer presses the button to initiate an outgoing
Applications"). Nextel may retain a percentage of call or the phone starts ringing for an incoming call
these charges before providing the balance to the and ends approximately when the first party
third party provider of such Online Application. terminates the call. Customer shall be responsible
for all charges for incoming wireless calls that are
(b) Payment. Customer shall pay in full all charges answered. A Direct Connect® or Group Connects""
for Services provided under this Contract and any transmission occurs approximately when Customer
2
Contract#N4004120804
Government Contract
Equipment shall be deemed incorporated into and rate plan that becomes part of this Contract, including All)
made a part of each Purchase Order. Any terms and monthly service. charges, usage charges, taxes,
conditions appearing in a Purchase Order or in any assessments and any additional fees or charges
acknowledgment or acceptance of a Purchase Order imposed on Customer in this Contract or on Nextel
that are inconsistent with, or in addition to (except as and associated with the Service or the Equipment.
required by law) the terms and conditions of this Customer is responsible for all charges or purchases
Agreement shall be null and void. associated with Customer's number and Equipment
whether or not Customer was the user of the Service
4. Payment. (a) Billing. Customer is responsible to or authorized its use.
pay Nextel, within thirty (30) calendar days from the
date of Customer's receipt of Nextel's invoice for (c) Service Charges. Customer shall pay all charges
Equipment or Service(s) provided by Nextel to for Services selected by Customer as indicated on
Customer. This shall include, without limitation, the invoice of this Contract as part of Customer's rate
interconnect fees and additional charges, as reflected plan, and any additional Services selected by
within Nextel's Other Fees and Assessments section Customer. Customer's rate plan will be offered at the
referenced herein. If Customer has multiple account rates and subject to the conditions set forth in the
numbers, Customer will identify with its payment the rate plan information provided to Customer at the
specific amounts being paid for each account time of sale. CUSTOMER'S RATE PLAN
number. The day of the month on which Customer INFORMATION SHALL BE CONSIDERED PART OF
receives an invoice may vary and is subject to THIS CONTRACT. Rates charged to Customer
change. Service charges will be invoiced to include monthly access charges and may include
Customer in advance, and usage charges will be activation and other fees associated with features
invoiced in arrears. Unless otherwise specified in such as voicemail and caller identification. Monthly
Customer's rate plan, any unused minutes or other access charges shall begin once Customer's Service
allotted Services under Customer's rate plan will not is activated, which may occur before Customer
be carried over to any other billing cycle. If receives the Equipment.
Customer's Service is terminated for any reason
(including if Customer's Number is ported) before the (d) Usage Charges. Depending on the rate plan
end of any billing cycle, no credit or refund will be selected, Customer may incur usage charges for All)
provided for unused minutes or other allotted Services such as: wireless calling, Direct Connect®,
Services and any monthly service charge will not be Nationwide Direct Connect®, Group ConnectsM,
prorated to the date of termination. On occasion, Mobile Messaging, Nextel Online®Services and other
Customer may be billed for Services in a month other Services that may be offered from time to time.
than the month in which Customer used the Service. Usage charges may vary depending on how, where
The creation of new cell sites, Nextel's and when Customer uses the Service. Customer
implementation of new billing technology, delays in may be assessed long distance charges (including
the reporting of international or other roaming international calling) or other charges for "toll-free"
charges between carriers, and other similar events calls to 800, 866, 877, 888 and other toll-free
may result in such delayed billing. Nextel may bill numbers. Customer also may be charged for the
Customer on behalf of third party providers of Online use of special Services such as 411 services or call-
Applications that are accessed by Customer through forwarding. Airtime charges will be assessed for the
the Equipment. Online Applications are defined entire period during which a call or Direct Connect®
herein as Nextel Online Services consist of transmission is connected to the Nextel network. A
applications such as email, data, information and wireless call connection begins approximately when
other wireless Internet services ("Online Customer presses the button to initiate an outgoing
Applications"). Nextel may retain a percentage of call or the phone starts ringing for an incoming call
these charges before providing the balance to the and ends approximately when the first party
third party provider of such Online Application. terminates the call. Customer shall be responsible
for all charges for incoming wireless calls that are
(b) Payment. Customer shall pay in full all charges answered. A Direct Connect® or Group ConnectsM
for Services provided under this Contract and any transmission occurs approximately when Customer
2
Contract#N4004120804A")
• Government Contract
presses the button to initiate a transmission and ends FOR NEXTEL ONLINE® SERVICES IS ROUNDED
approximately six (6) seconds after completion of a TO THE NEAREST ONE-TENTH (1/10) OF A
communication (i.e., when Customer or another KILOBYTE.
participant releases the button) to which no
participant responds. Customer initiates a new Direct (e) Failure to Pay. Customer acknowledges that time
Connect® or Group Connects"' transmission if is of the essence with respect to all amounts owed to
Customer responds more than six (6) seconds after Nextel. IF CUSTOMER HAS NOT PAID ITS
the other participant completes a communication. MONTHLY INVOICE IN FULL BY THE DUE DATE, A
Nationwide Direct Connect® calls use the Direct LATE PAYMENT CHARGE OF THE AMOUNT
Connect® minutes in your rate plan and incur an PERMITTED BY LAW, MAY BE APPLIED TO THE
additional access charge. Airtime charges for Direct TOTAL UNPAID BALANCE DUE AND
Connect® or Group Connect® transmissions or OUTSTANDING. THIS LATE PAYMENT CHARGE
Nationwide Direct Connect® access are charged to IS ASSESSED TO RECOVER COSTS FOR
the customer that initiates the transmission and, CUSTOMER'S FAILURE TO PAY AND SHALL NOT
unless a rate plan includes unlimited transmissions or CONSTITUTE INTEREST. Nextel's acceptance of
access, are calculated by multiplying the duration of late or partial payments (even if marked "paid in full"
the transmission (including the six (6) second period or similar notations) shall not waive Nextel's right to
referred to above) by the applicable rate and the collect the full amount due under this Contract, plus
number of participants. Customer will not be charged any additional amounts charged under this
for sending or receiving call alert transmissions ("Call paragraph. If Nextel obtains the services of a
Alerts"), but will be deemed to have initiated a new collection or repossession agency or an attorney to
Direct Connect® transmission if Customer responds assist in remedying any breach of this Contract by
to a Call Alert, even if Customer responds within six Customer, including but not limited to, Customer's
(6) seconds of receiving the Call Alert. Text and nonpayment of charges, Customer shall be liable for
numeric messaging will be charged on a per this expense. Customer understands that in the
message basis; however, Customer may elect to event of nonpayment of charges or any other breach
purchase a certain number of messages for a fixed of the terms and conditions of this Contract, in
monthly price. Any messages in excess of addition to any other remedies Nextel may have,
(Ph* Customer's allotted messages will be charged at the Nextel may temporarily or permanently terminate
per message rate. Depending on the rate plan, Service to Customer. Nextel may, but is not required
Customer may be charged on a per kilobyte basis to, reactivate Service to Customer after Service has
(one megabyte equals 1024 kilobytes and one been suspended or terminated. Before Service may
kilobyte equals 1024 bytes), for Customer's use of be reactivated, Customer must pay to Nextel all past
Nextel Online® Services. Kilobytes may be used for, due amounts plus a reconnection charge equal to
without limitation, browsing the Internet, accessing $25.00 per Number, plus applicable taxes.
Nextel Online®Applications and for reading, sending
and responding to email. Airtime minutes allotted to (f) Disputed Charges. To dispute any charge,
Customer under Customer's rate plan may be used in Customer must pay all undisputed amounts when
connection with certain Nextel Online Services. due and submit a written notice to Nextel within
CUSTOMERS ARE CHARGED AT LEAST ONE (1) ninety (90) days of the problem or before the end of
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS the third billing cycle after the date upon which the
AND AT LEAST SIX (6) SECONDS OF AIRTIME problem occurred, whichever occurs later.
FOR ALL DIRECT CONNECT® TRANSMISSIONS, CUSTOMER WAIVES THE RIGHT TO DISPUTE
REGARDLESS OF LENGTH. AFTER THE INITIAL ANY CHARGES FOR WHICH TIMELY NOTICE IS
MINUTE, AIRTIME CHARGES FOR WIRELESS NOT PROVIDED TO NEXTEL. Nextel shall resolve
CALLING ARE ROUNDED-UP AND BILLED TO THE all disputed charges in its sole discretion. If Nextel
NEXT SECOND OR TO THE NEXT MINUTE, determines that an error was made on Customer's
DEPENDING ON CUSTOMER'S RATE PLAN. invoice, Nextel will credit Customer's account in the
AFTER SIX (6) SECONDS, DIRECT CONNECT® amount of the error. If Nextel determines that a
TRANSMISSIONS ARE ROUNDED-UP AND disputed charge was validly assessed upon
BILLED TO THE NEXT SECOND. DATA USAGE Customer, Nextel will notify Customer and Customer
3
Contract#N4004120804
Government Contract
presses the button to initiate a transmission and ends FOR NEXTEL ONLINE® SERVICES IS ROUNDED
approximately six (6) seconds after completion of a TO THE NEAREST ONE-TENTH (1/10) OF A
communication (i.e., when Customer or another KILOBYTE.
participant releases the button) to which no
participant responds. Customer initiates a new Direct (e) Failure to Pay. Customer acknowledges that time
Connect® or Group Connects"' transmission if is of the essence with respect to all amounts owed to
Customer responds more than six (6) seconds after Nextel. IF CUSTOMER HAS NOT PAID ITS
the other participant completes a communication. MONTHLY INVOICE IN FULL BY THE DUE DATE, A
Nationwide Direct Connect® calls use the Direct LATE PAYMENT CHARGE OF THE AMOUNT
Connect® minutes in your rate plan and incur an PERMITTED BY LAW, MAY BE APPLIED TO THE
additional access charge. Airtime charges for Direct TOTAL UNPAID BALANCE DUE AND
Connect® or Group Connect® transmissions or OUTSTANDING. THIS LATE PAYMENT CHARGE
Nationwide Direct Connect® access are charged to IS ASSESSED TO RECOVER COSTS FOR
the customer that initiates the transmission and, CUSTOMER'S FAILURE TO PAY AND SHALL NOT
unless a rate plan includes unlimited transmissions or CONSTITUTE INTEREST. Nextel's acceptance of
access, are calculated by multiplying the duration of late or partial payments (even if marked "paid in full"
the transmission (including the six (6) second period or similar notations) shall not waive Nextel's right to
referred to above) by the applicable rate and the collect the full amount due under this Contract, plus
number of participants. Customer will not be charged any additional amounts charged under this
for sending or receiving call alert transmissions ("Call paragraph. If Nextel obtains the services of a
Alerts"), but will be deemed to have initiated a new collection or repossession agency or an attorney to
Direct Connect® transmission if Customer responds assist in remedying any breach of this Contract by
to a Call Alert, even if Customer responds within six Customer, including but not limited to, Customer's
(6) seconds of receiving the Call Alert. Text and nonpayment of charges, Customer shall be liable for
numeric messaging will be charged on a per this expense. Customer understands that in the
message basis; however, Customer may elect to event of nonpayment of charges or any other breach
purchase a certain number of messages for a fixed of the terms and conditions of this Contract, in Al
monthly price. Any messages in excess of addition to any other remedies Nextel may have,
Customer's allotted messages will be charged at the Nextel may temporarily or permanently terminate
per message rate. Depending on the rate plan, Service to Customer. Nextel may, but is not required
Customer may be charged on a per kilobyte basis to, reactivate Service to Customer after Service has
(one megabyte equals 1024 kilobytes and one been suspended or terminated. Before Service may
kilobyte equals 1024 bytes), for Customer's use of be reactivated, Customer must pay to Nextel all past
Nextel Online® Services. Kilobytes may be used for, due amounts plus a reconnection charge equal to
without limitation, browsing the Internet, accessing $25.00 per Number, plus applicable taxes.
Nextel Online®Applications and for reading, sending
and responding to email. Airtime minutes allotted to (f) Disputed Charges. To dispute any charge,
Customer under Customer's rate plan may be used in Customer must pay all undisputed amounts when
connection with certain Nextel Online Services. due and submit a written notice to Nextel within
CUSTOMERS ARE CHARGED AT LEAST ONE (1) ninety (90) days of the problem or before the end of
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS the third billing cycle after the date upon which the
AND AT LEAST SIX (6) SECONDS OF AIRTIME problem occurred, whichever occurs later.
FOR ALL DIRECT CONNECT® TRANSMISSIONS, CUSTOMER WAIVES THE RIGHT TO DISPUTE
REGARDLESS OF LENGTH. AFTER THE INITIAL ANY CHARGES FOR WHICH TIMELY NOTICE IS
MINUTE, AIRTIME CHARGES FOR WIRELESS NOT PROVIDED TO NEXTEL. Nextel shall resolve
CALLING ARE ROUNDED-UP AND BILLED TO THE all disputed charges in its sole discretion. If Nextel
NEXT SECOND OR TO THE NEXT MINUTE, determines that an error was made on Customer's
DEPENDING ON CUSTOMER'S RATE PLAN. invoice, Nextel will credit Customer's account in the
AFTER SIX (6) SECONDS, DIRECT CONNECT® amount of the error. If Nextel determines that a
TRANSMISSIONS ARE ROUNDED-UP AND disputed charge was validly assessed upon
BILLED TO THE NEXT SECOND. DATA USAGE Customer, Nextel will notify Customer and Customer
3
Contract#N4004120804 411)
•
•
Government Contract
presses the button to initiate a transmission and ends FOR NEXTEL ONLINE® SERVICES IS ROUNDED
rib" approximately six (6) seconds after completion of a TO THE NEAREST ONE-TENTH (1/10) OF A
communication (i.e., when Customer or another KILOBYTE.
participant releases the button) to which no
participant responds. Customer initiates a new Direct (e) Failure to Pay. Customer acknowledges that time
Connect® or Group Connects"" transmission if is of the essence with respect to all amounts owed to
Customer responds more than six (6) seconds after Nextel. IF CUSTOMER HAS NOT PAID ITS
the other participant completes a communication. MONTHLY INVOICE IN FULL BY THE DUE DATE,A
Nationwide Direct Connect® calls use the Direct LATE PAYMENT CHARGE OF THE AMOUNT
Connect® minutes in your rate plan and incur an PERMITTED BY LAW, MAY BE APPLIED TO THE
additional access charge. Airtime charges for Direct TOTAL UNPAID BALANCE DUE AND
Connect® or Group Connect® transmissions or OUTSTANDING. THIS LATE PAYMENT CHARGE
Nationwide Direct Connect® access are charged to IS ASSESSED TO RECOVER COSTS FOR
the customer that initiates the transmission and, CUSTOMER'S FAILURE TO PAY AND SHALL NOT
unless a rate plan includes unlimited transmissions or CONSTITUTE INTEREST. Nextel's acceptance of
access, are calculated by multiplying the duration of late or partial payments (even if marked "paid in full"
the transmission (including the six (6) second period or similar notations) shall not waive Nextel's right to
referred to above) by the applicable rate and the collect the full amount due under this Contract, plus
number of participants. Customer will not be charged any additional amounts charged under this
for sending or receiving call alert transmissions ("Call paragraph. If Nextel obtains the services of a
Alerts"), but will be deemed to have initiated a new collection or repossession agency or an attorney to
Direct Connect® transmission if Customer responds assist in remedying any breach of this Contract by
to a Call Alert, even if Customer responds within six Customer, including but not limited to, Customer's
(6) seconds of receiving the Call Alert. Text and nonpayment of charges, Customer shall be liable for
numeric messaging will be charged on a per this expense. Customer understands that in the
message basis; however, Customer may elect to event of nonpayment of charges or any other breach
purchase a certain number of messages for a fixed of the terms and conditions of this Contract, in
monthly price. Any messages in excess of addition to any other remedies Nextel may have,
Customer's allotted messages will be charged at the Nextel may temporarily or permanently terminate
rper message rate. Depending on the rate plan, Service to Customer. Nextel may, but is not required
Customer may be charged on a per kilobyte basis to, reactivate Service to Customer after Service has
(one megabyte equals 1024 kilobytes and one been suspended or terminated. Before Service may
kilobyte equals 1024 bytes), for Customer's use of be reactivated, Customer must pay to Nextel all past
Nextel Online® Services. Kilobytes may be used for, due amounts plus a reconnection charge equal to
without limitation, browsing the Internet, accessing $25.00 per Number, plus applicable taxes.
Nextel Online®Applications and for reading, sending
and responding to email. Airtime minutes allotted to (f) Disputed Charges. To dispute any charge,
Customer under Customer's rate plan may be used in Customer must pay all undisputed amounts when
connection with certain Nextel Online Services. due and submit a written notice to Nextel within
CUSTOMERS ARE CHARGED AT LEAST ONE (1) ninety (90) days of the problem or before the end of
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS the third billing cycle after the date upon which the
AND AT LEAST SIX (6) SECONDS OF AIRTIME problem occurred, whichever occurs later.
FOR ALL DIRECT CONNECT® TRANSMISSIONS, CUSTOMER WAIVES THE RIGHT TO DISPUTE
REGARDLESS OF LENGTH. AFTER THE INITIAL ANY CHARGES FOR WHICH TIMELY NOTICE IS
MINUTE, AIRTIME CHARGES FOR WIRELESS NOT PROVIDED TO NEXTEL. Nextel shall resolve
CALLING ARE ROUNDED-UP AND BILLED TO THE all disputed charges in its sole discretion. If Nextel
NEXT SECOND OR TO THE NEXT MINUTE, determines that an error was made on Customer's
DEPENDING ON CUSTOMER'S RATE PLAN. invoice, Nextel will credit Customer's account in the
AFTER SIX (6) SECONDS, DIRECT CONNECT® amount of the error. If Nextel determines that a
TRANSMISSIONS ARE ROUNDED-UP AND disputed charge was validly assessed upon
BILLED TO THE NEXT SECOND. DATA USAGE Customer, Nextel will notify Customer and Customer
3
Contract#N4004120804
r
•
Government Contract
presses the button to initiate a transmission and ends FOR NEXTEL ONLINE® SERVICES IS ROUNDED
approximately six (6) seconds after completion of a TO THE NEAREST ONE-TENTH (1/10) OF A
communication (i.e., when Customer or another KILOBYTE.
participant releases the button) to which no
participant responds. Customer initiates a new Direct (e) Failure to Pay. Customer acknowledges that time
Connect® or Group Connects"' transmission if is of the essence with respect to all amounts owed to
Customer responds more than six (6) seconds after Nextel. IF CUSTOMER HAS NOT PAID ITS
the other participant completes a communication. MONTHLY INVOICE IN FULL BY THE DUE DATE, A
Nationwide Direct Connect® calls use the Direct LATE PAYMENT CHARGE OF THE AMOUNT
Connect® minutes in your rate plan and incur an PERMITTED BY LAW, MAY BE APPLIED TO THE
additional access charge. Airtime charges for Direct TOTAL UNPAID BALANCE DUE AND
Connect® or Group Connect® transmissions or OUTSTANDING. THIS LATE PAYMENT CHARGE
Nationwide Direct Connect® access are charged to IS ASSESSED TO RECOVER COSTS FOR
the customer that initiates the transmission and, CUSTOMER'S FAILURE TO PAY AND SHALL NOT
unless a rate plan includes unlimited transmissions or CONSTITUTE INTEREST. Nextel's acceptance of
access, are calculated by multiplying the duration of late or partial payments (even if marked "paid in full"
the transmission (including the six (6) second period or similar notations) shall not waive Nextel's right to
referred to above) by the applicable rate and the collect the full amount due under this Contract, plus
number of participants. Customer will not be charged any additional amounts charged under this
for sending or receiving call alert transmissions ("Call paragraph. If Nextel obtains the services of a
Alerts"), but will be deemed to have initiated a new collection or repossession agency or an attorney to
Direct Connect® transmission if Customer responds assist in remedying any breach of this Contract by
to a Call Alert, even if Customer responds within six Customer, including but not limited to, Customer's
(6) seconds of receiving the Call Alert. Text and nonpayment of charges, Customer shall be liable for
numeric messaging will be charged on a per this expense. Customer understands that in the
message basis; however, Customer may elect to event of nonpayment of charges or any other breach
purchase a certain number of messages for a fixed of the terms and conditions of this Contract, in
monthly price. Any messages in excess of addition to any other remedies Nextel may have,
Customer's allotted messages will be charged at the Nextel may temporarily or permanently terminate
per message rate. Depending on the rate plan, Service to Customer. Nextel may, but is not required
Customer may be charged on a per kilobyte basis to, reactivate Service to Customer after Service has
(one megabyte equals 1024 kilobytes and one been suspended or terminated. Before Service may
kilobyte equals 1024 bytes), for Customer's use of be reactivated, Customer must pay to Nextel all past
Nextel Online® Services. Kilobytes may be used for, due amounts plus a reconnection charge equal to
without limitation, browsing the Internet, accessing $25.00 per Number, plus applicable taxes.
Nextel Online®Applications and for reading, sending
and responding to email. Airtime minutes allotted to (f) Disputed Charges. To dispute any charge,
Customer under Customer's rate plan may be used in Customer must pay all undisputed amounts when
connection with certain Nextel Online Services. due and submit a written notice to Nextel within
CUSTOMERS ARE CHARGED AT LEAST ONE (1) ninety (90) days of the problem or before the end of
MINUTE OF AIRTIME FOR ALL WIRELESS CALLS the third billing cycle after the date upon which the
AND AT LEAST SIX (6) SECONDS OF AIRTIME problem occurred, whichever occurs later.
FOR ALL DIRECT CONNECT® TRANSMISSIONS, CUSTOMER, WAIVES THE RIGHT TO DISPUTE
REGARDLESS OF LENGTH. AFTER THE INITIAL ANY CHARGES FOR WHICH TIMELY NOTICE IS
MINUTE, AIRTIME CHARGES FOR WIRELESS NOT PROVIDED TO NEXTEL. Nextel shall resolve
CALLING ARE ROUNDED-UP AND BILLED TO THE all disputed charges in its sole discretion. If Nextel
NEXT SECOND OR TO THE NEXT MINUTE, determines that an error was made on Customer's
DEPENDING ON CUSTOMER'S RATE PLAN. invoice, Nextel will credit Customer's account in the
AFTER SIX (6) SECONDS, DIRECT CONNECT® amount of the error. If Nextel determines that a
TRANSMISSIONS ARE ROUNDED-UP AND disputed charge was validly assessed upon
BILLED TO THE NEXT SECOND. DATA USAGE Customer, Nextel will notify Customer and Customer
3
Contract#N4004120804
Government Contract
rmust furnish the amount to Nextel within a 7. Shipment; Risk of Loss. Equipment shall be
reasonable period of time; or, if authorized by shipped F.O.B. destination. Upon Customer's
Customer, Nextel may instead charge Customer's acceptance of delivery of the Equipment, all risk of
credit card or debit card by any amount that was loss, damage, theft, or destruction to the Equipment
validly assessed. If Customer fails to pay any shall be borne by the Customer. No loss, damage,
undisputed amount or, after a reasonable period of theft, or destruction of the Equipment, in whole or in
time, fails to pay any amount determined by Nextel to part, shall impair Customer's obligations under this
have been validly assessed upon Customer, Nextel Agreement, including, without limitation, Customer's
may exercise any remedies available to Nextel under responsibility for the payment of service charges due
this Contract for non-payment, including termination under this Agreement.
of the Contract. Customer hereby acknowledges that
Customer has read the explanation of rates and 8. Use of Service. (a) Unlawful Use Prohibited.
charges set forth herein and understands that these Customer shall not use the Service or the Equipment
rates and charges may be assessed upon Customer, in any unlawful manner (including, but not limited to,
to the extent applicable. use in any aircraft or motor vehicle where prohibited
by law, ordinance, or regulation), or in a manner that
5. Rate Plans. Nextel will make available to may be abusive, harassing, threatening or fraudulent.
Customer the National Shared Minute family of rate Customer is solely responsible for all content
plans and the Government Local Shared rate plans transmitted using the Service or the Equipment and
for the life of this Agreement and affirm that discounts shall not use the Service or Equipment to
will remain fixed as stated herein. Nextel reserves communicate any (1) harassing, threatening,
the right to change, discontinue or introduce defamatory, pornographic or obscene messages; (2)
promotional rate plans on a quarterly basis. unsolicited commercial messages; or (3) unsolicited
Customer may utilize such new or revised commercial and/or bulk text or SMS messages.
promotional rate plans under the terms and Customer shall not use the Service or Equipment in a
conditions of this Agreement. manner that could result in damage or risk to the
business, reputation, properties, or services of Nextel
6. Taxes and Fees. Customer shall pay all or to Nextel's subscribers, third parties or to the
irk applicable federal, state, and local taxes and fees public generally (e.g., Customer shall not attempt to
("Taxes") that are imposed on transactions subject to gain unauthorized access to the Service or any
this Agreement. Customer must provide Nextel with account on the Service, use the Service to infringe
valid and properly executed tax exemption the copyright of another, or upload or transmit any
certificates before any such exemption shall become "virus", "worm" or other malicious code). Customer
effective. Customer shall be responsible for all Taxes shall not modify, disassemble, deinstall or alter the
regardless of whether Taxes are: (1) measured by Equipment in any manner, except in accordance with
gross receipts from sales made to Customer; (2) the use instructions accompanying the Equipment.
imposed as a per-line or per-unit charge; or (3) Customer may not resell or lease the Service or the
imposed upon Customer or Nextel. Taxes include, Equipment to any other person or party.
but are not limited to,the following:federal, state, and
local excise taxes, sales and transaction taxes, gross (b) Change in Service/Number. A change in the
receipts taxes, utility taxes, and other taxes and fees. Service or Equipment may require additional
Customer shall not be responsible for Taxes imposed programming or Equipment or changes to Numbers
on Nextel's net income or property. Customer shall assigned to Customer. Customer may be assessed
provide Nextel with the Primary Place of Use (i.e., a programming fee in connection with any change
Customer's residential street address or primary requested by Customer. Nextel may, at any time,
business address) for each unit activated on change or remove any Number assigned to
Customer's account, and notify Nextel of changes in Customer when such change is reasonably
any such address. Nextel is not required by law to necessary in the conduct of Nextel's business.
collect certain Taxes. Taxes are subject to change Customer acknowledges that Customer has no
without notice. proprietary or ownership rights or interest in
Customer's Number(s) and cannot acquire such
4
Contract#N4004120804
Government Contract
must furnish the amount to Nextel within a 7. Shipment; Risk of Loss. Equipment shall be
reasonable period of time; or, if authorized by shipped F.O.B. destination. Upon Customer's
Customer, Nextel may instead charge Customer's acceptance of delivery of the Equipment, all risk of
credit card or debit card by any amount that was loss, damage, theft, or destruction to the Equipment
validly assessed. If Customer fails to pay any shall be borne by the Customer. No loss, damage,
undisputed amount or, after a reasonable period of theft, or destruction of the Equipment, in whole or in
time, fails to pay any amount determined by Nextel to part, shall impair Customer's obligations under this
have been validly assessed upon Customer, Nextel Agreement, including, without limitation, Customer's
may exercise any remedies available to Nextel under responsibility for the payment of service charges due
this Contract for non-payment, including termination under this Agreement.
of the Contract. Customer hereby acknowledges that
Customer has read the explanation of rates and 8. Use of Service. (a) Unlawful Use Prohibited.
charges set forth herein and understands that these Customer shall not use the Service or the Equipment
rates and charges may be assessed upon Customer, in any unlawful manner (including, but not limited to,
to the extent applicable. use in any aircraft or motor vehicle where prohibited
by law, ordinance, or regulation), or in a manner that
5. Rate Plans. Nextel will make available to may be abusive, harassing, threatening or fraudulent.
Customer the National Shared Minute family of rate Customer is solely responsible for all content
plans and the Government Local Shared rate plans transmitted using the Service or the Equipment and
for the life of this Agreement and affirm that discounts shall not use the Service or Equipment to
will remain fixed as stated herein. Nextel reserves communicate any (1) harassing, threatening,
the right to change, discontinue or introduce defamatory, pornographic or obscene messages; (2)
promotional rate plans on a quarterly basis. unsolicited commercial messages; or (3) unsolicited
Customer may utilize such new or revised commercial and/or bulk text or SMS messages.
promotional rate plans under the terms and Customer shall not use the Service or Equipment in a
conditions of this Agreement. manner that could result in damage or risk to the
business, reputation, properties, or services of Nextel
6. Taxes and Fees. Customer shall pay all or to Nextel's subscribers, third parties or to the .4")
applicable federal, state, and- local taxes and fees public generally (e.g., Customer shall not attempt to
("Taxes") that are imposed on transactions subject to gain unauthorized access to the Service or any
this Agreement. Customer must provide Nextel with account on the Service, use the Service to infringe
valid and properly executed tax exemption the copyright of another, or upload or transmit any
certificates before any such exemption shall become "virus", "worm" or other malicious code). Customer
effective. Customer shall be responsible for all Taxes shall not modify, disassemble, deinstall or alter the
regardless of whether Taxes are: (1) measured by Equipment in any manner, except in accordance with
gross receipts from sales made to Customer; (2) the use instructions accompanying the Equipment.
imposed as a per-line or per-unit charge; or (3) Customer may not resell or lease the Service or the
imposed upon Customer or Nextel. Taxes include, Equipment to any other person or party.
but are not limited to, the following:federal, state, and
local excise taxes, sales and transaction taxes, gross (b) Change in Service/Number. A change in the
receipts taxes, utility taxes, and other taxes and fees. Service or Equipment may require additional
Customer shall not be responsible for Taxes imposed programming or Equipment or changes to Numbers
on Nextel's net income or property. Customer shall assigned to Customer. Customer may be assessed
provide Nextel with the Primary Place of Use (i.e., a programming fee in connection with any change
• Customer's residential street address or primary requested by Customer. Nextel may, at any time,
business address) for each unit activated on change or remove any Number assigned to
Customer's account, and notify Nextel of changes in Customer when such change is reasonably
any such address. Nextel is not required by law to necessary in the conduct of Nextel's business.
collect certain Taxes. Taxes are subject to change Customer acknowledges that Customer has no
without notice. proprietary or ownership rights or interest in
Customer's Number(s) and cannot acquire such
4
Contract#N4004120804 41)
Government Contract
rmust furnish the amount to Nextel within a 7. Shipment; Risk of Loss. Equipment shall be
reasonable period of time; or, if authorized by shipped F.O.B. destination. Upon Customer's
Customer, Nextel may instead charge Customer's acceptance of delivery of the Equipment, all risk of
credit card or debit card by any amount that was loss, damage, theft, or destruction to the Equipment
validly assessed. If Customer fails to pay any shall be borne by the Customer. No loss, damage,
undisputed amount or, after a reasonable period of theft, or destruction of the Equipment, in whole or in
time, fails to pay any amount determined by Nextel to part, shall impair Customer's obligations under this
have been validly assessed upon Customer, Nextel Agreement, including, without limitation, Customer's
may exercise any remedies available to Nextel under responsibility for the payment of service charges due
this Contract for non-payment, including termination under this Agreement.
of the Contract. Customer hereby acknowledges that
Customer has read the explanation of rates and 8. Use of Service. (a) Unlawful Use Prohibited.
charges set forth herein and understands that these Customer shall not use the Service or the Equipment
rates and charges may be assessed upon Customer, in any unlawful manner (including, but not limited to,
to the extent applicable. use in any aircraft or motor vehicle where prohibited
by law, ordinance, or regulation), or in a manner that
5. Rate Plans. Nextel will make available to may be abusive, harassing, threatening or fraudulent.
Customer the National Shared Minute family of rate Customer is solely responsible for all content
plans and the Government Local Shared rate plans transmitted using the Service or the Equipment and
for the life of this Agreement and affirm that discounts shall not use the Service or Equipment to
will remain fixed as stated herein. Nextel reserves communicate any (1) harassing, threatening,
the right to change, discontinue or introduce defamatory, pornographic or obscene messages; (2)
promotional rate plans on a quarterly basis. unsolicited commercial messages; or (3) unsolicited
Customer may utilize such new or revised commercial and/or bulk text or SMS messages.
promotional rate plans under the terms and Customer shall not use the Service or Equipment in a
conditions of this Agreement. manner that could result in damage or risk to the
business, reputation, properties, or services of Nextel
6. Taxes and Fees. Customer shall pay all or to Nextel's subscribers, third parties or to the
rapplicable federal, state, and local taxes and fees public generally (e.g., Customer shall not attempt to
("Taxes") that are imposed on transactions subject to gain unauthorized access to the Service or any
this Agreement. Customer must provide Nextel with account on the Service, use the Service to infringe
valid and properly executed tax exemption the copyright of another, or upload or transmit any
certificates before any such exemption shall become "virus", "worm" or other malicious code). Customer
effective. Customer shall be responsible for all Taxes shall not modify, disassemble, deinstall or alter the
regardless of whether Taxes are: (1) measured by Equipment in any manner, except in accordance with
gross receipts from sales made to Customer; (2) the use instructions accompanying the Equipment.
imposed as a per-line or per-unit charge; or (3) Customer may not resell or lease the Service or the
imposed upon Customer or Nextel. Taxes include, Equipment to any other person or party.
but are not limited to, the following:federal, state, and
local excise taxes, sales and transaction taxes, gross (b) Change in Service/Number. A change in the
receipts taxes, utility taxes, and other taxes and fees. Service or Equipment may require additional
Customer shall not be responsible for Taxes imposed programming or Equipment or changes to Numbers
on Nextel's net income or property. Customer shall assigned to Customer. Customer may be assessed
provide Nextel with the Primary Place of Use (i.e., a programming fee in connection with any change
Customer's residential street address or primary requested by Customer. Nextel may, at any time,
business address) for each unit activated on change or remove any Number assigned to
Customer's account, and notify Nextel of changes in Customer when such change is reasonably
any such address. Nextel is not required by law to necessary in the conduct of Nextel's business.
collect certain Taxes. Taxes are subject to change Customer acknowledges that Customer has no
without notice. proprietary or ownership rights or interest in
Customer's Number(s) and cannot acquire such
4
Contract#N4004120804
rk
Government Contract
must furnish the amount to Nextel within a 7. Shipment; Risk of Loss. Equipment shall be
reasonable period of time; or, if authorized by shipped F.O.B. destination. Upon Customer's
Customer, Nextel may instead charge Customer's acceptance of delivery of the Equipment, all risk of
credit card or debit card by any amount that was loss, damage, theft, or destruction to the Equipment
validly assessed. If Customer fails to pay any shall be borne by the Customer. No loss, damage,
undisputed amount or, after a reasonable period of theft, or destruction of the Equipment, in whole or in
time, fails to pay any amount determined by Nextel to part, shall impair Customer's obligations under this
have been validly assessed upon Customer, Nextel Agreement, including, without limitation, Customer's
may exercise any remedies available to Nextel under responsibility for the payment of service charges due
this Contract for non-payment, including termination under this Agreement.
of the Contract. Customer hereby acknowledges that
Customer has read the explanation of rates and 8. Use of Service. (a) Unlawful Use Prohibited.
charges set forth herein and understands that these Customer shall not use the Service or the Equipment
rates and charges may be assessed upon Customer, in any unlawful manner (including, but not limited to,
to the extent applicable. use in any aircraft or motor vehicle where prohibited
by law, ordinance, or regulation), or in a manner that
5. Rate Plans. Nextel will make available to may be abusive, harassing, threatening or fraudulent.
Customer the National Shared Minute family of rate Customer is solely responsible for all content
plans and the Government Local Shared rate plans transmitted using the Service or the Equipment and
for the life of this Agreement and affirm that discounts shall not use the Service or Equipment to
will remain fixed as stated herein. Nextel reserves communicate any (1) harassing, threatening,
the right to change, discontinue or introduce defamatory, pornographic or obscene messages; (2)
promotional rate plans on a quarterly basis. unsolicited commercial messages; or (3) unsolicited
Customer may utilize such new or revised commercial and/or bulk text or SMS messages.
promotional rate plans under the terms and Customer shall not use the Service or Equipment in a
conditions of this Agreement. manner that could result in damage or risk to the
business, reputation, properties, or services of Nextel
6. Taxes and Fees. Customer shall pay all or to Nextel's subscribers, third parties or to the 41111)
applicable federal, state, and local taxes and fees public generally (e.g., Customer shall not attempt to
("Taxes") that are imposed on transactions subject to gain unauthorized access to the Service or any
this Agreement. Customer must provide Nextel with account on the Service, use the Service to infringe
valid and properly executed tax exemption the copyright of another, or upload or transmit any
certificates before any such exemption shall become "virus", "worm" or other malicious code). Customer
effective. Customer shall be responsible for all Taxes shall not modify, disassemble, deinstall or alter the
regardless of whether Taxes are: (1) measured by Equipment in any manner, except in accordance with
gross receipts from sales made to Customer; (2) the use instructions accompanying the Equipment
imposed as a per-line or per-unit charge; or (3) Customer may not resell or lease the Service or the
imposed upon Customer or Nextel. Taxes include, Equipment to any other person or party.
but are not limited to,the following:federal, state,and
local excise taxes, sales and transaction taxes, gross (b) Change in Service/Number. A change in the
receipts taxes, utility taxes, and other taxes and fees. Service or Equipment may require additional
Customer shall not be responsible for Taxes imposed programming or Equipment or changes to Numbers
on Nextel's net income or property. Customer shall assigned to Customer. Customer may be assessed
provide Nextel with the Primary Place of Use (i.e., a programming fee in connection with any change
Customer's residential street address or primary requested by Customer. Nextel may, at any time,
business address) for each unit activated on change or remove any Number assigned to
Customer's account, and notify Nextel of changes in Customer when such change is reasonably
any such address. Nextel is not required by law to necessary in the conduct of Nextel's business.
collect certain Taxes. Taxes are subject to change Customer acknowledges that Customer has no
without notice. proprietary or ownership rights or interest in
Customer's Number(s) and cannot acquire such
4
Contract#N4004120804 411)
Government Contract
rights or interest through usage, publication or permit others, to reproduce, broadcast, distribute,
otherwise. Customer may not assign its Number to sell, publish, commercially exploit or otherwise
any other Equipment and shall not program any other disseminate any Content in any manner without the
Number into its Equipment. In the event that wireless prior written consent of Nextel, the Content providers,
number portability becomes available in Customer's or others with proprietary interests in such Content,
Service Area, Customer may request that its Phone as applicable.
number(s) be ported to another service provider.
Upon such request, all amounts then owed to Nextel (d) Network Security. Nextel may take any action that
(including damages for early termination and any it deems necessary to (1) protect its network, its
amounts that appear on the final invoice) shall rights or the rights of its customers and third parties;
become immediately due and payable, and or (2) optimize or improve its network, its Services
Customer's failure to provide timely payment to and the Equipment. Customer acknowledges that
Nextel could delay facilitation of Customer's request. such action may include,without limitation, employing
methods, technologies, or procedures to filter or
(c) Nextel Online®Services. Nextel Online® Services block messages sent through Nextel Online®
consist of applications such as email, data, Services. Nextel may, in its sole and absolute
information and other wireless Internet services discretion, at any time, filter "spam" or prevent
("Online Applications"). Customer acknowledges that "hacking," "viruses" or other potential harms without
no guarantee or assurance exists that the Online regard to any Customer preference.
Applications will be compatible, or, if currently
compatible, will continue to be compatible, with (e) Application Support. Nextel is often not the
Nextel's network or with Customer's Equipment or developer of Online Applications that are accessible
Service. Nextel does not endorse any Online through Nextel Online® Services. Therefore, if
Application, even if currently compatible with Nextel's Customer contacts Nextel's Customer Care
network or with Customer's Equipment or Service. department regarding use of an Online Application,
Nextel may, at any time in its sole discretion, disable Customer may be referred to the customer care
or discontinue any Online Application for any reason. department of the developer of the Online
rUse of Nextel Online® Services requires Internet Application, and Nextel shall not be obligated to
compatible Equipment, and is subject to applicable support any such Online Application.
storage, memory or other Equipment limitations.
Only certain Internet sites may be accessed by (f) Service Availability. Service is generally available
Customer, and certain Nextel Online® Services may to Customer when Customer is within the operating
not be available in all areas where Service is range of the Nextel network or within the range of a
provided. Customer may, from time to time, access provider with which Nextel has a reciprocal service
through Nextel Online® Services statements, arrangement ("Service Area"). CUSTOMER'S
opinions, graphics, photos, music, services and other SERVICE AREA IS SUBJECT TO CHANGE AT ANY
information ("Content"), including Content provided TIME IN NEXTEL'S SOLE DISCRETION. Service
by third parties. Customer acknowledges that Nextel quality and availability within Customer's Service
offers no guarantee or assurance regarding the Area is also affected by conditions Nextel does not
accuracy, completeness, appropriateness or utility of control, including the Equipment, problems
the Content. Customer also acknowledges that associated with interconnecting carriers, power
Nextel does not publish and is in no way responsible failures, "viruses", obstructions such as buildings or
for any Content that is provided by third parties. trees, tunnels, atmospheric, geographic or
Customer also may establish contact with third topographical conditions and other conditions.
parties through Nextel Online® Services. Nextel is Service also may be limited or temporarily
not responsible for the actions of third parties unavailable due to System capacity limitations or
contacted by Customer, whether such contact was system repairs or modifications. Nextel also may be
initiated by Customer or was brought about through required during public safety emergencies or when
an embedded link on the Equipment. Content System capacity is otherwise limited to limit access to
providers and others have proprietary interests in the Nextel network for those customers that are not
certain Content. Customer shall not, and will not then using the Service and connected to the network
5
Contract#N4004120804
Government Contract
rights or interest through usage, publication or permit others, to reproduce, broadcast, distribute,
otherwise. Customer may not assign its Number to sell, publish, commercially exploit or otherwise
any other Equipment and shall not program any other disseminate any Content in any manner without the
Number into its Equipment. In the event that wireless prior written consent of Nextel, the Content providers,
number portability becomes available in Customer's or others with proprietary interests in such Content,
Service Area, Customer may request that its Phone as applicable.
number(s) be ported to another service provider.
Upon such request, all amounts then owed to Nextel (d) Network Security. Nextel may take any action that
(including damages for early termination and any it deems necessary to (1) protect its network, its
amounts that appear on the final invoice) shall rights or the rights of its customers and third parties;
become immediately due and payable, and or (2) optimize or improve its network, its Services
Customer's failure to provide timely payment to and the Equipment. Customer acknowledges that
Nextel could delay facilitation of Customer's request. such action may include,without limitation, employing
methods, technologies, or procedures to filter or
(c) Nextel Online®Services. Nextel Online® Services block messages sent through Nextel Online®
consist of applications such as email, data, Services. Nextel may, in its sole and absolute
information and other wireless Internet services discretion, at any time, filter "spam" or prevent
("Online Applications"). Customer acknowledges that "hacking," "viruses" or other potential harms without
no guarantee or assurance exists that the Online regard to any Customer preference.
Applications will be compatible, or, if currently
compatible, will continue to be compatible, with (e) Application Support. Nextel is often not the
Nextel's network or with Customer's Equipment or developer of Online Applications that are accessible
Service. Nextel does not endorse any Online through Nextel Online® Services. Therefore, if
Application, even if currently compatible with Nextel's Customer contacts Nextel's Customer Care
network or with Customer's Equipment or Service. department regarding use of an Online Application,
Nextel may, at any time in its sole discretion, disable Customer may be referred to the customer care
or discontinue any Online Application for any reason. department of the developer of the Online
Use of Nextel Online® Services requires Internet Application, and Nextel shall not be obligated to 4")
compatible Equipment, and is subject to applicable support any such Online Application.
storage, memory or other Equipment limitations.
Only certain Internet sites may be accessed by (f) Service Availability. Service is generally available
Customer, and certain Nextel Online® Services may to Customer when Customer is within the operating
not be available in all areas where Service is range of the Nextel network or within the range of a
provided. Customer may, from time to time, access provider with which Nextel has a reciprocal service
through Nextel Online® Services statements, arrangement ("Service Area"). CUSTOMER'S
opinions, graphics, photos, music, services and other SERVICE AREA IS SUBJECT TO CHANGE AT ANY
information ("Content"), including Content provided TIME IN NEXTEL'S SOLE DISCRETION. Service
by third parties. Customer acknowledges that Nextel quality and availability within Customer's Service
offers no guarantee or assurance regarding the Area is also affected by conditions Nextel does not
accuracy, completeness, appropriateness or utility of control, including the Equipment, problems
the Content. Customer also acknowledges that associated with interconnecting carriers, power
Nextel does not publish and is in no way responsible failures, "viruses", obstructions such as buildings or
for any Content that is provided by third parties. trees, tunnels, atmospheric, geographic or
Customer also may establish contact with third topographical conditions and other conditions.
parties through Nextel Online® Services. Nextel is Service also may be limited or temporarily
not responsible for the actions of third parties unavailable due to System capacity limitations or
contacted by Customer, whether such contact was system repairs or modifications. Nextel also may be
initiated by Customer or was brought about through required during public safety emergencies or when
an embedded link on the Equipment. Content System capacity is otherwise limited to limit access to
providers and others. have proprietary interests in the Nextel network for those customers that are not
certain Content. Customer shall not, and will not then using the Service and connected to the network
5
Contract#N4004120804
Government Contract
rrights or interest through usage, publication or permit others, to reproduce, broadcast, distribute,
otherwise. Customer may not assign its Number to sell, publish, commercially exploit or otherwise
any other Equipment and shall not program any other disseminate any Content in any manner without the
Number into its Equipment. In the event that wireless prior written consent of Nextel}the Content providers,
number portability becomes available in Customer's or others with proprietary interests in such Content,
Service Area, Customer may request that its Phone as applicable.
number(s) be ported to another service provider.
Upon such request, all amounts then owed to Nextel (d) Network Security. Nextel may take any action that
(including damages for early termination and any it deems necessary to (1) protect its network, its
amounts that appear on the final invoice) shall rights or the rights of its customers and third parties;
become immediately due and payable, and or (2) optimize or improve its network, its Services
Customer's failure to provide timely payment to and the Equipment. Customer acknowledges that
Nextel could delay facilitation of Customer's request. such action may include,without limitation, employing
methods, technologies, or procedures to filter or
(c) Nextel Online®Services. Nextel Online® Services block messages sent through Nextel Online®
consist of applications such as email, data, Services. Nextel may, in its sole and absolute
information and other wireless Internet services discretion, at any time, filter "spam" or prevent
("Online Applications"). Customer acknowledges that "hacking," "viruses" or other potential harms without
no guarantee or assurance exists that the Online regard to any Customer preference.
Applications will be compatible, or, if currently
compatible, will continue to be compatible, with (e) Application Support. Nextel is often not the
Nextel's network or with Customer's Equipment or developer of Online Applications that are accessible
Service. Nextel does not endorse any Online through Nextel Online® Services. Therefore, if
Application, even if currently compatible with Nextel's Customer contacts Nextel's Customer Care
network or with Customer's Equipment or Service. department regarding use of an Online Application,
Nextel may, at any time in its sole discretion, disable Customer may be referred to the customer care
or discontinue any Online Application for any reason. department of the developer of the Online
Use of Nextel Online® Services requires Internet Application, and Nextel shall not be obligated to
ow compatible Equipment, and is subject to applicable support any such Online Application.
storage, memory or other Equipment limitations.
Only certain Internet sites may be accessed by (f) Service Availability. Service is generally available
Customer, and certain Nextel Online®Services may to Customer when Customer is within the operating
not be available in all areas where Service is range of the Nextel network or within the range of a
provided. Customer may, from time to time, access provider with which Nextel has a reciprocal service
through Nextel Online® Services statements, arrangement ("Service Area"). CUSTOMER'S
opinions, graphics, photos, music, services and other SERVICE AREA IS SUBJECT TO CHANGE AT ANY
information ("Content"), including Content provided TIME IN NEXTEL'S SOLE DISCRETION. Service
by third parties. Customer acknowledges that Nextel quality and availability within Customer's Service
offers no guarantee or assurance regarding the Area is also affected by conditions Nextel does not
accuracy, completeness, appropriateness or utility of control, including the Equipment, problems
the Content. Customer also acknowledges that associated with interconnecting carriers, power
Nextel does not publish and is in no way responsible failures, "viruses", obstructions such as buildings or
for any Content that is provided by third parties. trees, tunnels, atmospheric, geographic or
Customer also may establish contact with third topographical conditions and other conditions.
parties through Nextel Online® Services. Nextel is Service also may be limited or temporarily
not responsible for the actions of third parties unavailable due to System capacity limitations or
contacted by Customer, whether such contact was system repairs or modifications. Nextel also may be
initiated by Customer or was brought about through required during public safety emergencies or when
an embedded link on the Equipment. Content System capacity is otherwise limited to limit access to
providers and others have proprietary interests in the Nextel network for those customers that are not
certain Content. Customer shall not, and will not then using the Service and connected to the network
5
Contract#N4004120804
r
Government Contract
rights or interest through usage, publication or permit others, to reproduce, broadcast, distribute,
otherwise. Customer may not assign its Number to sell, publish, commercially exploit or otherwise
any other Equipment and shall not program any other disseminate any Content in any manner without the
Number into its Equipment. In the event that wireless prior written consent of Nextel, the Content providers,
number portability becomes available in Customer's or others with proprietary interests in such Content,
Service Area, Customer may request that its Phone as applicable.
number(s) be ported to another service provider.
Upon such request, all amounts then owed to Nextel (d) Network Security. Nextel may take any action that
(including damages for early termination and any it deems necessary to (1) protect its network, its
amounts that appear on the final invoice) shall rights or the rights of its customers and third parties;
become immediately due and payable, and or (2) optimize or improve its network, its Services
Customer's failure to provide timely payment to and the Equipment. Customer acknowledges that
Nextel could delay facilitation of Customer's request. such action may include,without limitation, employing
methods, technologies, or procedures to filter or
(c) Nextel Online®Services. Nextel Online® Services block messages sent through Nextel Online®
consist of applications such as email, data, Services. Nextel may, in its sole and absolute
information and other wireless Internet services discretion, at any time, filter "spam" or prevent
("Online Applications"). Customer acknowledges that "hacking," "viruses" or other potential harms without
no guarantee or assurance exists that the Online regard to any Customer preference.
Applications will be compatible, or, if currently
compatible, will continue to be compatible, with (e) Application Support. Nextel is often not the
Nextel's network or with Customer's Equipment or developer of Online Applications that are accessible
Service. Nextel does not endorse any Online through Nextel Online® Services. Therefore, if
Application, even if currently compatible with Nextel's Customer contacts Nextel's Customer Care
network or with Customer's Equipment or Service. department regarding use of an Online Application,
Nextel may, at any time in its sole discretion, disable Customer may be referred to the customer care
or discontinue any Online Application for any reason. department of the developer of the Online Al
Use of Nextel Online® Services requires Internet Application, and Nextel shall not be obligated to
compatible Equipment, and is subject to applicable support any such Online Application.
storage, memory or other Equipment limitations.
Only certain Internet sites may be accessed by (f) Service Availability. Service is generally available
Customer, and certain Nextel Online® Services may to Customer when Customer is within the operating
not be available in all areas where Service is range of the Nextel network or within the range of a
provided. Customer may, from time to time, access provider with which Nextel has a reciprocal service
through Nextel Online® Services statements, arrangement ("Service Area"). CUSTOMER'S
opinions, graphics, photos, music, services and other SERVICE AREA IS SUBJECT TO CHANGE AT ANY
information ("Content"), including Content provided TIME IN NEXTEL'S SOLE DISCRETION. Service
by third parties. Customer acknowledges that Nextel quality and availability within Customer's Service
offers no guarantee or assurance regarding the Area is also affected by conditions Nextel does not
accuracy, completeness, appropriateness or utility of control, including the Equipment, problems
the Content. Customer also acknowledges that associated with interconnecting carriers, power
Nextel does not publish and is in no way responsible failures, "viruses", obstructions such as buildings or
for any Content that is provided by third parties. trees, tunnels, atmospheric, geographic or
Customer also may establish contact with third topographical conditions and other conditions.
parties through Nextel Online® Services. Nextel is Service also may be limited or temporarily
not responsible for the actions of third parties unavailable due to System capacity limitations or
contacted by Customer, whether such contact was system repairs or modifications. Nextel also may be
initiated by Customer or was brought about through required during public safety emergencies or when
an embedded link on the Equipment. Content System capacity is otherwise limited to limit access to
providers and others have proprietary interests in the Nextel network for those customers that are not
certain Content. Customer shall not, and will not then using the Service and connected to the network
5
Contract#N4004120804
Government Contract
rin order to facilitate communications by public safety (i) For any claims whatsoever arising from or related
organizations such as police and fire departments. In to service disruption, regardless of the cause
this event, customers that have priority access ("Service Disruption"), Nextel's sole liability is limited
Service will be given access to the Nextel network to a credit allowance equal to the proportionate
before Nextel's non-priority access customers. charge to Customer for the period of the Service
Nextel will not complete calls to 900, 976 or similar Disruption. Service Disruptions do not include
numbers for pay-per-call services. Caller unavailability of the Service during periods of
identification information may not be available for all scheduled or unscheduled network maintenance.
incoming calls. International calling may be blocked.
(ii) For any claims not related to Service Disruption
(g) Equipment. Customer acknowledges that Nextel involving bodily injury or death or damage to tangible
is not responsible for the operation, quality of personal or real property caused by the intentional
transmission, or, unless separate maintenance tortuous conduct, unlawful conduct, and gross
arrangements have been made between Nextel and negligence of Nextel, its employees or agents,
Customer, for maintenance of the Equipment. Nextel's entire liability is limited to reasonable costs
Customer further acknowledges that Equipment of defense and proven direct damages.
purchased from Nextel is not compatible with and will
not support services provided by other wireless (iii) For claims of infringement of patents, copyrights
carriers, except for those services provided by an or other intellectual property, the remedies set forth in
entity operating compatible iDEN equipment or in Section 11, Intellectual Property Indemnification,
connection with roaming to certain countries outside herein.
of the United States. NEXTEL SHALL NOT BE
LIABLE FOR ANY DAMAGES (INCLUDING (iv) For any other type of claim in any manner related
DAMAGE TO THE EQUIPMENT) RESULTING to this Agreement (whether in contract, tort,
FROM INSTALLATION OF ANY EQUIPMENT BY negligence, strict liability, and whether such claims
CUSTOMER OR ANY THIRD PARTY. are based upon tort, statute or otherwise), Nextel's
entire liability shall be limited to reasonable costs of
9. Indemnification. Nextel will defend, indemnify and defense and proven direct damages, not to exceed
rhold harmless the Customer against all claims, per claim (or in the aggregate during any twelve (12)
actions, damages, costs, and liabilities (including month period) the total payments made by Customer
reasonable attorney's fees), and all liability to third under this Agreement.
parties arising from or in connection with any death,
bodily injury or damage to tangible personal or real (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY
property caused or incurred by the intentional CONSEQUENTIAL, SPECIAL, INCIDENTAL,
tortuous conduct, unlawful conduct, and gross INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
negligence of Nextel's employees, subcontractors, or NOR FOR LOST PROFITS, LOSS OF BUSINESS,
agents while upon the premises of or controlled by LOSS OF DATA, LOSS OF USE, OR LOST
Customer. To receive the foregoing indemnities, SAVINGS OR INCREASED COST OF
Customer must promptly notify Nextel in writing of a OPERATIONS, SUSTAINED BY CUSTOMER OR
claim or suit and provide reasonable cooperation (at ANY THIRD PARTIES IN CONNECTION WITH THIS
Nextel's expense) and full authority to defend or AGREEMENT, WHETHER OR NOT SUCH
settle the claim or suit. Nextel shall have no DAMAGES ARE FORESEEN OR UNFORESEEN.
obligation to indemnify the Customer under any
settlement made without Nextel 's written consent. (c) Nothing herein is intended expressly or implicitly
to benefit any person who is not a named party to this
10. Limitation of Liability. (a) Nextel's entire liability contract or to provide any third party (including any
under this Agreement for any loss or damage caused user of the Equipment or Service) with any remedy,
by a material breach by Nextel, its employees or claim, liability, reimbursement, cause of action, or
agents related to Nextel's performance hereunder other right or privilege. This entire Limitation of
shall be as follows: Liability provision shall survive termination of this
Agreement.
6
Contract#N4004120804
•
Government Contract
Al)
in order to facilitate communications by public safety (i) For any claims whatsoever arising from or related
organizations such as police and fire departments. In to service disruption, regardless of the cause
this event, customers that have priority access • ("Service Disruption"), Nextel's sole liability is limited
Service will be given access to the Nextel network to a credit allowance equal to the proportionate
before Nextel's non-priority access customers. charge to Customer for the period of the Service
Nextel will not complete calls to 900, 976 or similar Disruption. Service Disruptions do not include
numbers for pay-per-call services. Caller unavailability of the Service during periods of
identification information may not be available for all scheduled or unscheduled network maintenance.
incoming calls. International calling may be blocked.
(ii) For any claims not related to Service Disruption
(g) Equipment. Customer acknowledges that Nextel involving bodily injury or death or damage to tangible
is not responsible for the operation, quality of personal or real property caused by the intentional
transmission, or, unless separate maintenance tortuous conduct, unlawful conduct, and gross
arrangements have been made between Nextel and negligence of Nextel, its employees or agents,
Customer, for maintenance of the Equipment. Nextel's entire liability is limited to reasonable costs
Customer further acknowledges that Equipment of defense and proven direct damages.
purchased from Nextel is not compatible with and will
not support services provided by other wireless (iii) For claims of infringement of patents, copyrights
carriers, except for those services provided by an or other intellectual property, the remedies set forth in
entity operating compatible iDEN equipment or in Section 11, Intellectual Property Indemnification,
connection with roaming to certain countries outside herein.
of the United States. NEXTEL SHALL NOT BE
LIABLE FOR ANY DAMAGES (INCLUDING (iv) For any other type of claim in any manner related
DAMAGE TO THE EQUIPMENT) RESULTING to this Agreement (whether in contract, tort,
FROM INSTALLATION OF ANY EQUIPMENT BY negligence, strict liability, and whether such claims
CUSTOMER OR ANY THIRD PARTY. are based upon tort, statute or otherwise), Nextel's
entire liability shall be limited to reasonable costs of AIII)
9. Indemnification. Nextel will defend, indemnify and defense and proven direct damages, not to exceed
hold harmless the Customer against all claims, per claim (or in the aggregate during any twelve (12)
actions, damages, costs, and liabilities (including month period) the total payments made by Customer
reasonable attorney's fees), and all liability to third under this Agreement.
parties arising from or in connection with any death,
bodily injury or damage to tangible personal or real (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY
property caused or incurred by the intentional CONSEQUENTIAL, SPECIAL, INCIDENTAL,
tortuous conduct, unlawful conduct, and gross INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
negligence of Nextel's employees, subcontractors, or NOR FOR LOST PROFITS, LOSS OF BUSINESS,
agents while upon the premises of or controlled by LOSS OF DATA, LOSS OF USE, OR LOST
Customer. To receive the foregoing indemnities, SAVINGS OR INCREASED COST OF
Customer must promptly notify Nextel in writing of a OPERATIONS, SUSTAINED BY CUSTOMER OR
claim or suit and provide reasonable cooperation (at ANY THIRD PARTIES IN CONNECTION WITH THIS
Nextel's expense) and full authority to defend or AGREEMENT, WHETHER OR NOT SUCH
settle the claim or suit. Nextel shall have no DAMAGES ARE FORESEEN OR UNFORESEEN.
obligation to indemnify the Customer under any
settlement made without Nextel 's written consent. (c) Nothing herein is intended expressly or implicitly
to benefit any person who is not a named party to this
10. Limitation of Liability. (a) Nextel's entire liability contract or to provide any third party (including any
under this Agreement for any loss or damage caused user of the Equipment or Service) with any remedy,
by a material breach by Nextel, its employees or claim, liability, reimbursement, cause of action, or
agents related to Nextel's performance hereunder other right or privilege. This entire Limitation of
shall be as follows: Liability provision shall survive termination of this
Agreement.
6
Contract#N4004120804
•
Government Contract
in order to facilitate communications by public safety (i) For any claims whatsoever arising from or related
organizations such as police and fire departments. In to service disruption, regardless of the cause
this event, customers that have priority access ("Service Disruption"), Nextel's sole liability is limited
Service will be given access to the Nextel network to a credit allowance equal to the proportionate
before Nextel's non-priority access customers. charge to Customer for the period of the Service
Nextel will not complete calls to 900, 976 or similar Disruption. Service Disruptions do not include
numbers for pay-per-call services. Caller unavailability of the Service during periods of
identification information may not be available for all scheduled or unscheduled network maintenance.
incoming calls. International calling may be blocked.
(ii) For any claims not related to Service Disruption
(g) Equipment. Customer acknowledges that Nextel involving bodily injury or death or damage to tangible
is not responsible for the operation, quality of personal or real property caused by the intentional
transmission, or, unless separate maintenance tortuous conduct, unlawful conduct, and gross
arrangements have been made between Nextel and negligence of Nextel, its employees or agents,
Customer, for maintenance of the Equipment. Nextel's entire liability is limited to reasonable costs
Customer further acknowledges that Equipment of defense and proven direct damages.
purchased from Nextel is not compatible with and will
not support services provided by other wireless (iii) For claims of infringement of patents, copyrights
carriers, except for those services provided by an or other intellectual property, the remedies set forth in
entity operating compatible iDEN equipment or in Section 11, Intellectual Property Indemnification,
connection with roaming to certain countries outside herein.
of the United States. NEXTEL SHALL NOT BE
LIABLE FOR ANY DAMAGES (INCLUDING (iv) For any other type of claim in any manner related
DAMAGE TO THE EQUIPMENT) RESULTING to this Agreement (whether in contract, tort,
FROM INSTALLATION OF ANY EQUIPMENT BY negligence, strict liability, and whether such claims
CUSTOMER OR ANY THIRD PARTY. are based upon tort, statute or otherwise), Nextel's
entire liability shall be limited to reasonable costs of
r9. Indemnification. Nextel will defend, indemnify and defense and proven direct damages, not to exceed
hold harmless the Customer against all claims, per claim (or in the aggregate during any twelve (12)
actions, damages, costs, and liabilities (including month period) the total payments made by Customer
reasonable attorney's fees), and all liability to third under this Agreement.
parties arising from or in connection with any death,
bodily injury or damage to tangible personal or real (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY
property caused or incurred by the intentional CONSEQUENTIAL, SPECIAL, INCIDENTAL,
tortuous conduct, unlawful conduct, and gross INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
negligence of Nextel's employees, subcontractors, or NOR FOR LOST PROFITS, LOSS OF BUSINESS,
agents while upon the premises of or controlled by LOSS OF DATA, LOSS OF USE, OR LOST
Customer. To receive the foregoing indemnities, SAVINGS OR INCREASED COST OF
Customer must promptly notify Nextel in writing of a OPERATIONS, SUSTAINED BY CUSTOMER OR
claim or suit and provide reasonable cooperation (at ANY THIRD PARTIES IN CONNECTION WITH THIS
Nextel's expense) and full authority to defend or AGREEMENT, WHETHER OR NOT SUCH
settle the claim or suit. Nextel shall have no DAMAGES ARE FORESEEN OR UNFORESEEN.
obligation to indemnify the Customer under any
settlement made without Nextel 's written consent. (c) Nothing herein is intended expressly or implicitly
to benefit any person who is not a named party to this
10. Limitation of Liability. (a) Nextel's entire liability contract or to provide any third party (including any
under this Agreement for any loss or damage caused user of the Equipment or Service) with any remedy,
by a material breach by Nextel, its employees or claim, liability, reimbursement, cause of action, or
agents related to Nextel's performance hereunder other right or privilege. This entire Limitation of
shall be as follows: Liability provision shall survive termination of this
Agreement.
6
Contract#N4004120804
Government Contract
in order to facilitate communications by public safety (i) For any claims whatsoever arising from or related .411)
organizations such as police and fire departments. In to service disruption, regardless of the cause
this event, customers that have priority access ("Service Disruption"), Nextel's sole liability is limited
Service will be given access to the Nextel network to a credit allowance equal to the proportionate
before Nextel's non-priority access customers. charge to Customer for the period of the Service.
Nextel will not complete calls to 900, 976 or similar Disruption. Service Disruptions do not include
numbers for pay-per-call services. Caller unavailability of the Service during periods of
identification information may not be available for all scheduled or unscheduled network maintenance.
incoming calls. International calling may be blocked.
(ii) For any claims not related to Service Disruption
(g) Equipment. Customer acknowledges that Nextel involving bodily injury or death or damage to tangible
is not responsible for the operation, quality of personal or real property caused by the intentional
transmission, or, unless separate maintenance tortuous conduct, unlawful conduct, and gross
arrangements have been made between Nextel and negligence of Nextel, its employees or agents,
Customer, for maintenance of the Equipment. Nextel's entire liability is limited to reasonable costs
Customer further acknowledges that Equipment of defense and proven direct damages.
purchased from Nextel is not compatible with and will
not support services provided by other wireless (iii) For claims of infringement of patents, copyrights
carriers, except for those services provided by an or other intellectual property,the remedies set forth in
entity operating compatible iDEN equipment or in Section 11, Intellectual Property Indemnification,
connection with roaming to certain countries outside herein.
of the United States. NEXTEL SHALL NOT BE
LIABLE FOR ANY DAMAGES (INCLUDING (iv) For any other type of claim in any manner related
DAMAGE TO THE EQUIPMENT) RESULTING to this Agreement (whether in contract, tort,
FROM INSTALLATION OF ANY EQUIPMENT BY negligence, strict liability, and whether such claims
CUSTOMER OR ANY THIRD PARTY. are based upon tort, statute or otherwise), Nextel's
entire liability shall be limited to reasonable costs of
9. Indemnification. Nextel will defend, indemnify and defense and proven direct damages, not to exceed
hold harmless the Customer against all claims, per claim (or in the aggregate during any twelve (12) 411)
actions, damages, costs, and liabilities (including month period) the total payments made by Customer
reasonable attorney's fees), and all liability to third under this Agreement.
parties arising from or in connection with any death,
bodily injury or damage to tangible personal or real (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY
property caused or incurred by the intentional CONSEQUENTIAL, SPECIAL, INCIDENTAL,
tortuous conduct, unlawful conduct, and gross INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
negligence of Nextel's employees, subcontractors, or NOR FOR LOST PROFITS, LOSS OF BUSINESS,
agents while upon the premises of or controlled by LOSS OF DATA, LOSS OF USE, OR LOST
Customer. To receive the foregoing indemnities, SAVINGS OR INCREASED COST OF
Customer must promptly notify Nextel in writing of a OPERATIONS, SUSTAINED BY CUSTOMER OR
claim or suit and provide reasonable cooperation (at ANY THIRD PARTIES IN CONNECTION WITH THIS
Nextel's expense) and full authority to defend or AGREEMENT, WHETHER OR NOT SUCH
settle the claim or suit. Nextel shall have no DAMAGES ARE FORESEEN OR UNFORESEEN.
obligation to indemnify the Customer under any
settlement made without Nextel 's written consent. (c) Nothing herein is intended expressly or implicitly
to benefit any person who is not a named party to this
10. Limitation of Liability. (a) Nextel's entire liability contract or to provide any third party (including any
under this Agreement for any loss or damage caused user of the Equipment or Service) with any remedy,
by a material breach by Nextel, its employees or claim, liability, reimbursement, cause of action, or
agents related to Nextel's performance hereunder other right or privilege. This entire Limitation of
shall be as follows: Liability provision shall survive termination of this
Agreement.
6
Contract#N4004120804
•
Government Contract
12. Warranties Disclaimed. (a) Service, Content,
11. Intellectual Property Indemnification. (a) If Applications: NEXTEL MAKES NO WARRANTIES,
Customer promptly notifies Nextel in writing of a third EXPRESS OR IMPLIED, INCLUDING WITHOUT
party claim against Customer that any Nextel LIMITATION, ANY IMPLIED WARRANTY OF
Equipment or Service provided under the Agreement, MERCHANTABILITY OR FITNESS FOR A
or any material provided by Nextel which is included PARTICULAR PURPOSE . TO CUSTOMER IN
in or used in the development or provision of the CONNECTION WITH ITS USE OF THE SERVICE,
Equipment or Service, infringes a U.S. patent, CONTENT, AND/OR APPLICATIONS. CUSTOMER
copyright, trade secret, or trademark of any third ACKNOWLEDGES THAT SERVICE DISRUPTIONS
party, Nextel shall defend such claim at its expense WILL OCCUR FROM TIME TO TIME AND,
and shall pay any costs or damages that may be SUBJECT ONLY TO THE LIMITATION OF
finally awarded against Customer. Nextel shall not LIABILITY PROVISION SET FORTH BELOW,
indemnify Customer, however, if the claim of AGREES TO WAIVE ANY AND ALL CLAIMS,
infringement is caused by: (1)misuse or ACTIONS, SUITS, DEMANDS AND JUDGMENTS,
unauthorized modification of the Equipment or INCLUDING WITHOUT LIMITATION ANY CLAIMS
Service by Customer; (2)failure to use corrections or FOR INDEMNIFICATION, AGAINST NEXTEL
enhancements made available to Customer by ARISING FROM OR RELATED TO ALL SUCH
Nextel; (3) use of the Equipment or Service in SERVICE DISRUPTIONS.
combination with any product or information not
owned or developed by Nextel, unless the claim (b) Equipment: NEXTEL DOES NOT
would have arisen solely from the use of the MANUFACTURE ANY EQUIPMENT. EXCEPT FOR
Equipment or Service without combination with such ANY WARRANTIES THE CUSTOMER RECEIVES
product or information; (4)Customer's distribution, FROM THE EQUIPMENT MANUFACTURER,
marketing, or use for the benefit of third parties of the NEXTEL MAKES NO WARRANTIES OR
Equipment or Service; or (5)information, direction, REPRESENTATIONS OF ANY KIND, STATUTORY,
specification, or materials provided by Customer. EXPRESS OR IMPLIED, TO CUSTOMER OR TO
ark (b) If any Equipment or Service is found to be ANY OTHER PURCHASER OF THE EQUIPMENT,
infringing, Nextel shall, at its expense and option, INCLUDING ANY EXPRESS OR IMPLIED
either (i)procure the right for Customer to continue WARRANTIES OF MERCHANTABILITY OR
using it, (ii)replace it with a non-infringing equivalent, FITNESS FOR A PARTICULAR PURPOSE.
(iii)modify it to make it non-infringing, or (iv)direct CUSTOMER HEREBY WAIVES ALL OTHER
the return of the Equipment and refund of the fees WARRANTIES, GUARANTEES, CONDITIONS, OR
and expenses paid for such Equipment and Service LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
and any Equipment and Service that are dependent LAW OR OTHERWISE RELATED TO THE
thereon, less a reasonable amount for Customer's EQUIPMENT. EXCEPT FOR ANY WARRANTIES
use of the Equipment and Service up to the time of THE CUSTOMER RECEIVES FROM THE
return. To receive the foregoing indemnities, EQUIPMENT MANUFACTURER, THERE ARE NO
Customer must promptly notify Nextel in writing of a WARRANTIES THAT EXTEND BEYOND THE
claim or suit and provide reasonable cooperation and DESCRIPTION CONTAINED IN THE
full authority to defend or settle the claim or suit. MANUFACTURER'S WARRANTIES APPLICABLE
(c) THE FOREGOING PROVISIONS OF THIS TO A GIVEN ITEM OF EQUIPMENT. IF THE
SECTION STATE THE ENTIRE LIABILITY AND EQUIPMENT PROVES DEFECTIVE, ANY COSTS
OBLIGATION OF NEXTEL AND ANY OF ITS OF NECESSARY SERVICING AND REPAIR WILL
LICENSORS, AND THE EXCLUSIVE REMEDY OF BE BORNE BY THE CUSTOMER UNLESS
THE CUSTOMER, WITH RESPECT TO ANY OTHERWISE AGREED BY NEXTEL IN WRITING.
ACTUAL OR ALLEGED INFRINGEMENT OF ANY IN NO EVENT SHALL NEXTEL BE LIABLE FOR
U.S. PATENT, COPYRIGHT, TRADE SECRET, ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
TRADEMARK OR OTHER INTELLECTUAL INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
PROPERTY RIGHT BY THE EQUIPMENT AND/OR NOR FOR LOST PROFITS, LOSS OF BUSINESS,
SERVICES OR ANY PART THEREOF. LOSS OF DATA, LOSS OF USE, OR LOST
SAVINGS OR INCREASED COST OF
7
Contract#N4004120804
Government Contract
12. Warranties Disclaimed. a
( ) Service, Content,
11. Intellectual Property Indemnification. (a) If Applications: NEXTEL MAKES NO WARRANTIES,
Customer promptly notifies Nextel in writing of a third EXPRESS OR IMPLIED, INCLUDING WITHOUT
party claim against Customer that any Nextel LIMITATION, ANY IMPLIED WARRANTY OF
Equipment or Service provided under the Agreement, MERCHANTABILITY OR FITNESS FOR A
or any material provided by Nextel which is included PARTICULAR PURPOSE TO CUSTOMER IN
in or used in the development or provision of the CONNECTION WITH ITS USE OF THE SERVICE,
Equipment or Service, infringes a U.S. patent, CONTENT, AND/OR APPLICATIONS. CUSTOMER
copyright, trade secret, or trademark of any third ACKNOWLEDGES THAT SERVICE DISRUPTIONS
party, Nextel shall defend such claim at its expense WILL OCCUR FROM TIME TO TIME AND,
and shall pay any costs or damages that may be SUBJECT ONLY TO THE LIMITATION OF
finally awarded against Customer. Nextel shall not LIABILITY PROVISION SET FORTH BELOW,
indemnify Customer, however, if the claim of AGREES TO WAIVE ANY AND ALL CLAIMS,
infringement is caused " by: (1)misuse or ACTIONS, SUITS, DEMANDS AND JUDGMENTS,
unauthorized modification of the Equipment or INCLUDING WITHOUT LIMITATION ANY CLAIMS
Service by Customer; (2)failure to use corrections or FOR INDEMNIFICATION, AGAINST NEXTEL
enhancements made available to Customer by ARISING FROM OR RELATED TO ALL SUCH
Nextel; (3) use of the Equipment or Service in SERVICE DISRUPTIONS.
combination with any product or information not
owned or developed by Nextel, unless the claim (b) Equipment: NEXTEL DOES NOT
would have arisen solely from the use of the MANUFACTURE ANY EQUIPMENT. EXCEPT FOR
. Equipment or Service without combination with such ANY WARRANTIES THE CUSTOMER RECEIVES
product or information; (4)Customer's distribution, FROM THE EQUIPMENT MANUFACTURER,
marketing, or use for the benefit of third parties of the NEXTEL MAKES NO WARRANTIES OR
Equipment or Service; or (5)information, direction, REPRESENTATIONS OF ANY KIND, STATUTORY,
specification, or materials provided by Customer. EXPRESS OR IMPLIED, TO CUSTOMER OR TO
(b) If any Equipment or Service is found to be ANY OTHER PURCHASER OF THE EQUIPMENT,
infringing, Nextel shall, at its expense and option, INCLUDING ANY EXPRESS OR, IMPLIED
either (i)procure the right for Customer to continue WARRANTIES OF MERCHANTABILITY OR
using it, (ii)replace it with a non-infringing equivalent, FITNESS FOR A PARTICULAR PURPOSE.
(iii)modify it to make it non-infringing, or (iv)direct CUSTOMER HEREBY WAIVES ALL OTHER
the return of the Equipment and refund of the fees WARRANTIES, GUARANTEES, CONDITIONS, OR
and expenses paid for such Equipment and Service LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
and any Equipment and Service that are dependent LAW OR OTHERWISE RELATED TO THE
thereon, less a reasonable amount for Customer's EQUIPMENT. EXCEPT FOR ANY WARRANTIES
use of the Equipment and Service up to the time of THE CUSTOMER RECEIVES FROM THE
return. To receive the foregoing indemnities, EQUIPMENT MANUFACTURER, THERE ARE NO
Customer must promptly notify Nextel in writing of a WARRANTIES THAT EXTEND BEYOND THE
claim or suit and provide reasonable cooperation and DESCRIPTION CONTAINED IN THE
full authority to defend or settle the claim or suit. MANUFACTURER'S WARRANTIES APPLICABLE
(c) THE FOREGOING PROVISIONS OF THIS TO A GIVEN ITEM OF EQUIPMENT. IF THE
SECTION STATE THE ENTIRE LIABILITY AND EQUIPMENT PROVES DEFECTIVE, ANY COSTS
OBLIGATION OF NEXTEL AND ANY OF ITS OF NECESSARY SERVICING AND REPAIR WILL
LICENSORS, AND THE EXCLUSIVE REMEDY OF BE BORNE BY THE CUSTOMER UNLESS
THE CUSTOMER, WITH RESPECT TO ANY OTHERWISE AGREED BY NEXTEL IN WRITING.
ACTUAL OR ALLEGED INFRINGEMENT OF ANY IN NO EVENT SHALL NEXTEL BE LIABLE FOR
U.S. PATENT, COPYRIGHT, TRADE SECRET, ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
TRADEMARK OR OTHER INTELLECTUAL INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
PROPERTY RIGHT BY THE EQUIPMENT AND/OR NOR FOR LOST PROFITS, LOSS OF BUSINESS,
SERVICES OR ANY PART THEREOF. LOSS OF DATA, LOSS OF USE, OR LOST
SAVINGS OR INCREASED COST OF
7
Contract#N4004120804
•
Government Contract
12. Warranties Disclaimed. (a) Service, Content,.
r11. Intellectual Property Indemnification. (a) If Applications: NEXTEL MAKES NO WARRANTIES,
Customer promptly notifies Nextel in writing of a third EXPRESS OR IMPLIED, INCLUDING WITHOUT
party claim against Customer that any Nextel LIMITATION, ANY IMPLIED WARRANTY OF
Equipment or Service provided under the Agreement, MERCHANTABILITY OR FITNESS FOR A
or any material provided by Nextel which is included PARTICULAR PURPOSE TO CUSTOMER IN
in or used in the development or provision of the CONNECTION WITH ITS USE OF THE SERVICE,
Equipment or Service, infringes a U.S. patent, CONTENT, AND/OR APPLICATIONS. CUSTOMER
copyright, trade secret, or trademark of any third ACKNOWLEDGES THAT SERVICE DISRUPTIONS
party, Nextel shall defend such claim at its expense WILL OCCUR FROM TIME TO TIME AND,
and shall pay any costs or damages that may be SUBJECT ONLY TO THE LIMITATION OF
finally awarded against Customer. Nextel shall not LIABILITY PROVISION SET FORTH BELOW,
indemnify Customer, however, if the claim of AGREES TO WAIVE ANY AND ALL CLAIMS,
infringement is caused by: (1)misuse or ACTIONS, SUITS, DEMANDS AND JUDGMENTS,
unauthorized modification of the Equipment or INCLUDING WITHOUT LIMITATION ANY CLAIMS
Service by Customer; (2)failure to use corrections or FOR INDEMNIFICATION, AGAINST NEXTEL
enhancements made available to Customer by ARISING FROM OR RELATED TO ALL SUCH
Nextel; (3) use of the Equipment or Service in SERVICE DISRUPTIONS.
combination with any product or information not
owned or developed by Nextel, unless the claim (b) Equipment: NEXTEL DOES NOT
would have arisen solely from the use of the MANUFACTURE ANY EQUIPMENT. EXCEPT FOR
Equipment or Service without combination with such ANY WARRANTIES THE CUSTOMER RECEIVES
product or information; (4)Customer's distribution, FROM THE EQUIPMENT MANUFACTURER,
marketing, or use for the benefit of third parties of the NEXTEL MAKES NO WARRANTIES OR
Equipment or Service; or (5)information, direction, REPRESENTATIONS OF ANY KIND, STATUTORY,
specification, or materials provided by Customer. EXPRESS OR IMPLIED, TO CUSTOMER OR TO
(b) If any Equipment or Service is found to be ANY OTHER PURCHASER OF THE EQUIPMENT,
infringing, Nextel shall, at its expense and option, INCLUDING ANY EXPRESS OR IMPLIED
reither (i)procure the right for Customer to continue WARRANTIES OF MERCHANTABILITY OR
using it, (ii)replace it with a non-infringing equivalent, FITNESS FOR A PARTICULAR PURPOSE.
(iii)modify it to make it non-infringing, or (iv)direct CUSTOMER HEREBY WAIVES ALL OTHER
the return of the Equipment and refund of the fees WARRANTIES, GUARANTEES, CONDITIONS, OR
and expenses paid for such Equipment and Service LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
and any Equipment and Service that are dependent LAW OR OTHERWISE RELATED TO THE
thereon, less a reasonable amount for Customer's EQUIPMENT. EXCEPT FOR ANY WARRANTIES
use of the Equipment and Service up to the time of THE CUSTOMER RECEIVES FROM THE
return. To receive the foregoing indemnities, EQUIPMENT MANUFACTURER, THERE ARE NO
Customer must promptly notify Nextel in writing of a WARRANTIES THAT EXTEND BEYOND THE
claim or suit and provide reasonable cooperation and DESCRIPTION CONTAINED IN THE
full authority to defend or settle the claim or suit. MANUFACTURER'S WARRANTIES APPLICABLE
(c) THE FOREGOING PROVISIONS OF THIS TO A GIVEN ITEM OF EQUIPMENT. IF THE
SECTION STATE THE ENTIRE LIABILITY AND EQUIPMENT PROVES DEFECTIVE, ANY COSTS
OBLIGATION OF NEXTEL AND ANY OF ITS OF NECESSARY SERVICING AND REPAIR WILL
LICENSORS, AND THE EXCLUSIVE REMEDY OF BE BORNE BY THE CUSTOMER UNLESS
THE CUSTOMER, WITH RESPECT TO ANY OTHERWISE AGREED BY NEXTEL IN WRITING.
ACTUAL OR ALLEGED INFRINGEMENT OF ANY IN NO EVENT SHALL NEXTEL BE LIABLE FOR
U.S. PATENT, COPYRIGHT, TRADE SECRET, ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
TRADEMARK OR OTHER INTELLECTUAL INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
PROPERTY RIGHT BY THE EQUIPMENT AND/OR NOR FOR LOST PROFITS, LOSS OF BUSINESS,
SERVICES OR ANY PART THEREOF. LOSS OF DATA, LOSS OF USE, OR LOST
SAVINGS OR INCREASED COST OF
7
Contract#N4004120804
r
Government Contract
4111)
12. Warranties Disclaimed. (a) Service. Content,
11. Intellectual Property Indemnification. (a) If Applications: NEXTEL MAKES NO WARRANTIES,
Customer promptly notifies Nextel in writing of a third EXPRESS OR IMPLIED, INCLUDING WITHOUT
party claim against Customer that any Nextel LIMITATION, ANY IMPLIED WARRANTY OF
Equipment or Service provided under the Agreement, MERCHANTABILITY OR FITNESS FOR A
or any material provided by Nextel which is included PARTICULAR PURPOSE TO CUSTOMER IN
in or used in the development or provision of the CONNECTION WITH ITS USE OF THE SERVICE,
Equipment or Service, infringes a U.S. patent, CONTENT, AND/OR APPLICATIONS. CUSTOMER
copyright, trade secret, or trademark of any third ACKNOWLEDGES THAT SERVICE DISRUPTIONS
party, Nextel shall defend such claim at its expense WILL OCCUR FROM TIME TO TIME AND,
and shall pay any costs or damages that may be SUBJECT ONLY TO THE LIMITATION OF
finally awarded against Customer. Nextel shall not LIABILITY PROVISION SET FORTH BELOW,
indemnify Customer, however, if the claim of AGREES TO WAIVE ANY AND ALL CLAIMS,
infringement is caused by: (1)misuse or ACTIONS, SUITS, DEMANDS AND JUDGMENTS,
unauthorized modification of the Equipment or INCLUDING WITHOUT LIMITATION ANY CLAIMS
Service by Customer; (2)failure to use corrections or FOR INDEMNIFICATION, AGAINST NEXTEL
enhancements made available to Customer by ARISING FROM OR RELATED TO ALL SUCH
Nextel; (3) use of the Equipment or Service in SERVICE DISRUPTIONS.
combination with any product or information not
owned or developed by Nextel, unless the claim (b) Equipment: NEXTEL DOES NOT
would have arisen solely from the use of the MANUFACTURE ANY EQUIPMENT. EXCEPT FOR
Equipment or Service without combination with such ANY WARRANTIES THE CUSTOMER RECEIVES
product or information; (4)Customer's distribution, FROM THE EQUIPMENT MANUFACTURER,
marketing, or use for the benefit of third parties of the NEXTEL MAKES NO WARRANTIES OR
Equipment or Service; or (5)information, direction, REPRESENTATIONS OF ANY KIND, STATUTORY,
specification, or materials provided by Customer. EXPRESS OR IMPLIED, TO CUSTOMER OR TO
(b) If any Equipment or Service is found to be ANY OTHER PURCHASER OF THE EQUIPMENT, Ail)
infringing, Nextel shall, at its expense and option, INCLUDING ANY EXPRESS OR IMPLIED
either (i)procure the right for Customer to continue WARRANTIES OF MERCHANTABILITY OR
using it, (ii)replace it with a non-infringing equivalent, FITNESS FOR A PARTICULAR PURPOSE.
(iii)modify it to make it non-infringing, or (iv)direct CUSTOMER HEREBY WAIVES ALL OTHER
the return of the Equipment and refund of the fees WARRANTIES, GUARANTEES, CONDITIONS, OR
and expenses paid for such Equipment and Service LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
and any Equipment and Service that are dependent LAW OR OTHERWISE RELATED TO THE
thereon, less a reasonable amount for Customer's EQUIPMENT. EXCEPT FOR ANY WARRANTIES
use of the Equipment and Service up to the time of THE CUSTOMER RECEIVES FROM THE
return. To receive the foregoing indemnities, EQUIPMENT MANUFACTURER, THERE ARE NO
Customer must promptly notify Nextel in writing of a WARRANTIES THAT EXTEND BEYOND THE
claim or suit and provide reasonable cooperation and DESCRIPTION CONTAINED IN THE
full authority to defend or settle the claim or suit. MANUFACTURER'S WARRANTIES APPLICABLE
(c) THE FOREGOING PROVISIONS OF THIS TO A GIVEN ITEM OF EQUIPMENT. IF THE
SECTION STATE THE ENTIRE LIABILITY AND EQUIPMENT PROVES DEFECTIVE, ANY COSTS
OBLIGATION OF NEXTEL AND ANY OF ITS OF NECESSARY SERVICING AND REPAIR WILL
LICENSORS, AND THE EXCLUSIVE REMEDY OF BE BORNE BY THE CUSTOMER UNLESS
THE CUSTOMER, WITH RESPECT TO ANY OTHERWISE AGREED BY NEXTEL IN WRITING.
ACTUAL OR ALLEGED INFRINGEMENT OF ANY IN NO EVENT SHALL NEXTEL BE LIABLE FOR
U.S. PATENT, COPYRIGHT, TRADE SECRET, ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
TRADEMARK OR OTHER INTELLECTUAL INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
PROPERTY RIGHT BY THE EQUIPMENT AND/OR NOR FOR LOST PROFITS, LOSS OF BUSINESS,
SERVICES OR ANY PART THEREOF. LOSS OF DATA, LOSS OF USE, OR LOST
SAVINGS OR INCREASED COST OF
7
Contract#N4004120804
Government Contract
OPERATIONS, SUSTAINED BY CUSTOMER OR
ANY THIRD PARTIES ARISING FROM OR (d) Nextel incurs a significant cost in activating
RELATED TO THE INTERRUPTION OR FAILURE Service to Customer, including a large up-front cost
IN THE OPERATION OF ANY EQUIPMENT, in offering Equipment to Customer. These costs are
WHETHER OR NOT SUCH DAMAGES ARE partially recouped over the length of Customer's
FORESEEN OR UNFORESEEN. Agreement with Nextel through monthly service rate
charges to Customer,which have been established in
(c) UNDER CERTAIN CIRCUMSTANCES, SOME part for this purpose. If Customer breaches this
JURISDICTIONS MAY NOT RECOGNIZE OR GIVE Agreement or terminates Service for any reason
EFFECT TO, IN WHOLE OR IN PART, WARRANTY (including by porting its Phone number to another
DISCLAIMERS. THEREFORE, TO THE EXTENT service provider), Customer understands and
THAT THE DISCLAIMER OF WARRANTIES SET acknowledges that Nextel will not receive the full
FORTH HEREIN IS NOT PERMITTED BY benefit of its Agreement with Customer, in part,
APPLICABLE LAW, IT WILL NOT APPLY TO because Nextel will not continue to receive monthly
CUSTOMER OR SHALL ONLY APPLY TO THE service charges from Customer. As a result, Nextel
EXTENT PERMITTED BY SUCH APPLICABLE shall incur damages that are difficult, if not
LAW. impossible, to determine. THEREFORE, IN THE
CASE OF CUSTOMER'S BREACH OR EARLY
13. Termination. (a) Customer may terminate this TERMINATION WITHIN THE FIRST TWELVE (12)
Agreement for convenience, in whole or in part, upon MONTHS OF THIS AGREEMENT, CUSTOMER
at least thirty (30) days prior written notice. If SHALL PAY TO NEXTEL (IN ADDITION TO ALL
Customer terminates all or part of this Agreement for AMOUNTS THEN OWED TO NEXTEL) THE SUM
convenience, Customer must pay Nextel all fees and OF TWO HUNDRED DOLLARS ($200.00) FOR
charges for all Services,work done, and preparations EACH NUMBER ASSIGNED TO CUSTOMER'S
made (including reasonable startup and ACCOUNT AS A REASONABLE ESTIMATE OF
implementation costs that were to be amortized over THE DAMAGES INCURRED BY NEXTEL. This is
future payments) for the terminated portions of the intended to maintain Nextel's overall rate at an
Agreement, including reasonable settlements with acceptable level despite Customer's early termination
subcontractors, reasonable costs of settling the and will be assessed without exception unless
terminated work, and a reasonable allowance for otherwise provided in this Agreement or by applicable
profit for Equipment and/or Service already provided law.
to and accepted by Customer.
• (e) Nextel will not pay or accept any liability for
(b) In the event either Party breaches a material excess reprocurement costs (costs of cover). In the
provision or obligation under this Agreement, then the event Nextel is determined to be in breach of a
non-defaulting Party may terminate the Agreement if material obligation under this Agreement and Nextel
the defaulting Party does not remedy the breach fails to remedy such breach within a minimum of
within the "Cure Period." The Cure Period shall be a thirty (30) days from the date of Customer's delivery
minimum of thirty (30) days from the date that the of written notice thereof, Customer's sole remedy will
non-defaulting Party provides written notice ("Cure be to terminate this Agreement.
Notice") of such breach to the defaulting Party, and
provides such defaulting Party with an opportunity to 14. Force Majeure. Notwithstanding anything to the
cure. contrary contained in this Agreement (including, but
not limited to, installation, delivery and liquidated
(c) Customer shall provide Nextel with reasonable damages), neither Party shall be liable for loss or
notice of any lack of allocable funds or appropriation damage or be deemed to be in breach of the
of funds relating to this Agreement. Customer shall Agreement due to such Party's failure or delay of
be responsible for payment of fees and charges performance, wholly or in part, if such failure or delay
incurred for services provided prior to the date the is due to causes beyond a Party's reasonable control
Agreement is terminated for any such lack of or beyond the reasonable control of its
allocable or appropriation of funds. subcontractors or agents whether foreseen or
8
rib.' Contract#N4004120804
•
Government Contract .
OPERATIONS, SUSTAINED BY CUSTOMER OR
ANY THIRD PARTIES ARISING FROM OR (d) Nextel incurs a significant cost in activating
RELATED TO THE INTERRUPTION OR FAILURE Service to Customer, including a large up-front cost
IN THE OPERATION OF ANY EQUIPMENT, in offering Equipment to Customer. These costs are
WHETHER OR NOT SUCH DAMAGES ARE partially recouped over the length of Customer's
FORESEEN OR UNFORESEEN. Agreement with Nextel through monthly service rate
charges to Customer,which have been established in
(c) UNDER CERTAIN CIRCUMSTANCES, SOME part for this purpose. If Customer breaches this
JURISDICTIONS MAY NOT RECOGNIZE OR GIVE Agreement or terminates Service for any reason
EFFECT TO, IN WHOLE OR IN PART, WARRANTY (including by porting its Phone number to another
DISCLAIMERS. THEREFORE, TO THE EXTENT service provider), Customer understands and
THAT THE DISCLAIMER OF WARRANTIES SET acknowledges that Nextel will not receive the full
FORTH HEREIN IS NOT PERMITTED BY benefit of its Agreement with Customer, in part,
APPLICABLE LAW, IT WILL NOT APPLY TO because Nextel will not continue to receive monthly
CUSTOMER OR SHALL ONLY APPLY TO THE service charges from Customer. As a result, Nextel
EXTENT PERMITTED BY SUCH APPLICABLE shall incur damages that are difficult, if not
LAW impossible, to determine. THEREFORE, IN THE
CASE OF CUSTOMER'S BREACH OR EARLY
13. Termination. (a) Customer may terminate this TERMINATION WITHIN THE FIRST TWELVE (12)
Agreement for convenience, in whole or in part, upon MONTHS OF THIS AGREEMENT, CUSTOMER
at least thirty (30) days prior written notice. If SHALL PAY TO NEXTEL (IN ADDITION TO ALL
Customer terminates all or part of this Agreement for AMOUNTS THEN OWED TO NEXTEL) THE SUM
convenience, Customer must pay Nextel all fees and OF TWO HUNDRED DOLLARS ($200.00) FOR
charges for all Services,work done, and preparations EACH NUMBER ASSIGNED TO CUSTOMER'S
made (including reasonable startup and ACCOUNT AS A REASONABLE ESTIMATE OF
implementation costs that were to be amortized over THE DAMAGES INCURRED BY NEXTEL. This is
future payments) for the terminated portions of the intended to maintain Nextel's overall rate at an
Agreement, including reasonable settlements with acceptable level despite Customer's early termination
subcontractors, reasonable costs of settling the and will be assessed without exception unless 4111)
terminated work, and a reasonable allowance for otherwise provided in this Agreement or by applicable
profit for Equipment and/or Service already provided law.
to and accepted by Customer.
(e) Nextel will not pay or accept any liability for
(b) In the event either Party breaches a material excess reprocurement costs (costs of cover). In the
provision or obligation under this Agreement, then the event Nextel is determined to be in breach of a
non-defaulting Party may terminate the Agreement if material obligation under this Agreement and Nextel
the defaulting Party does not remedy the breach fails to remedy such breach within a minimum of
within the "Cure Period." The Cure Period shall be a thirty (30) days from the date of Customer's delivery
minimum of thirty (30) days from the date that the of written notice thereof, Customer's sole remedy will
non-defaulting Party provides written notice ("Cure be to terminate this Agreement.
Notice") of such breach to the defaulting Party, and
provides such defaulting Party with an opportunity to 14. Force Majeure. Notwithstanding anything to the
cure. contrary contained in this Agreement (including, but
not limited to, installation, delivery and liquidated
(c) Customer shall provide Nextel with reasonable damages), neither Party shall be liable for loss or
notice of any lack of allocable funds or appropriation damage or be deemed to be in breach of the
of funds relating to this Agreement. Customer shall Agreement due to such Party's failure or delay of
be responsible for payment of fees and charges performance,wholly or in part, if such failure or delay
incurred for services provided prior to the date the is due to causes beyond a Party's reasonable control
Agreement is terminated for any such lack of or beyond the reasonable control of its
allocable or appropriation of funds. subcontractors or agents whether foreseen or
8
Contract#N4004120804AI)
Government Contract
OPERATIONS, SUSTAINED BY CUSTOMER OR
ANY THIRD PARTIES ARISING FROM OR (d) Nextel incurs a significant cost in activating
RELATED TO THE INTERRUPTION OR FAILURE Service to Customer, including a large up-front cost
IN THE OPERATION OF ANY EQUIPMENT, in offering Equipment to Customer. These costs are
WHETHER OR NOT SUCH DAMAGES ARE partially recouped over the length of Customer's
FORESEEN OR UNFORESEEN. Agreement with Nextel through monthly service rate
charges to Customer,which have been established in
(c) UNDER CERTAIN CIRCUMSTANCES, SOME part for this purpose. If Customer breaches this
JURISDICTIONS MAY NOT RECOGNIZE OR GIVE Agreement or terminates Service for any reason
EFFECT TO, IN WHOLE OR IN PART, WARRANTY (including by porting its Phone number to another
DISCLAIMERS. THEREFORE, TO THE EXTENT service provider), Customer understands and
THAT THE DISCLAIMER OF WARRANTIES SET acknowledges that Nextel will not receive the full
FORTH HEREIN IS NOT PERMITTED BY benefit of its Agreement with Customer, in part,
APPLICABLE LAW, IT WILL NOT APPLY TO because Nextel will not continue to receive monthly
CUSTOMER OR SHALL ONLY APPLY TO THE service charges from Customer. As a result, Nextel
EXTENT PERMITTED BY SUCH APPLICABLE shall incur damages that are difficult, if not
LAW. impossible, to determine. THEREFORE, IN THE
CASE OF CUSTOMER'S BREACH OR EARLY
13. Termination. (a) Customer may terminate this TERMINATION WITHIN THE FIRST TWELVE (12)
Agreement for convenience, in whole or in part, upon MONTHS OF THIS AGREEMENT, CUSTOMER
at least thirty (30) days prior written notice. If SHALL PAY TO NEXTEL (IN ADDITION TO ALL
Customer terminates all or part of this Agreement for AMOUNTS THEN OWED TO NEXTEL) THE SUM
convenience, Customer must pay Nextel all fees and OF TWO HUNDRED DOLLARS ($200.00) FOR
charges for all Services,work done, and preparations EACH NUMBER ASSIGNED TO CUSTOMER'S
made (including reasonable startup and ACCOUNT AS A REASONABLE ESTIMATE OF
implementation costs that were to be amortized over THE DAMAGES INCURRED BY NEXTEL. This is
rm future payments) for the terminated portions of the intended to maintain Nextel's overall rate at an
Agreement, including reasonable settlements with acceptable level despite Customer's early termination
subcontractors, reasonable costs of settling the and will be assessed without exception unless
terminated work, and a reasonable allowance for otherwise provided in this Agreement or by applicable
profit for Equipment and/or Service already provided law.
to and accepted by Customer.
(e) Nextel will not pay or accept any liability for
(b) In the event either Party breaches a material excess reprocurement costs (costs of cover). In the
provision or obligation under this Agreement, then the event Nextel is determined to be in breach of a
non-defaulting Party may terminate the Agreement if material obligation under this Agreement and Nextel
the defaulting Party does not remedy the breach fails to remedy such breach within a minimum of
within the "Cure Period." The Cure Period shall be a thirty (30) days from the date of Customer's delivery
minimum of thirty (30) days from the date that the of written notice thereof, Customer's sole remedy will
non-defaulting Party provides written notice ("Cure be to terminate this Agreement.
Notice") of such breach to the defaulting Party, and
provides such defaulting Party with an opportunity to 14. Force Majeure. Notwithstanding anything to the
cure. contrary contained in this Agreement (including, but
not limited to, installation, delivery and liquidated
(c) Customer shall provide Nextel with reasonable damages), neither Party shall be liable for loss or
notice of any lack of allocable funds or appropriation damage or be deemed to be in breach of the
of funds relating to this Agreement. Customer shall Agreement due to such Party's failure or delay of
be responsible for payment of fees and charges performance, wholly or in part, if such failure or delay
incurred for services provided prior to the date the is due to causes beyond a Party's reasonable control
Agreement is terminated for any such lack of or beyond the reasonable control of its
allocable or appropriation of funds. subcontractors or agents whether foreseen or
8
Contract#N4004120804
Government Contract
OPERATIONS, SUSTAINED BY CUSTOMER OR 4111)
ANY THIRD PARTIES ARISING FROM OR (d) Nextel incurs a significant cost in activating
RELATED TO THE INTERRUPTION OR FAILURE Service to Customer, including a large up-front cost
IN THE OPERATION OF ANY EQUIPMENT, in offering Equipment to Customer. These costs are
WHETHER OR NOT SUCH DAMAGES ARE partially recouped over the length of Customer's
FORESEEN OR UNFORESEEN. Agreement with Nextel through monthly service rate
charges to Customer, which have been established in
(c) UNDER CERTAIN CIRCUMSTANCES, SOME part for this purpose. If Customer breaches this
JURISDICTIONS MAY NOT RECOGNIZE OR GIVE Agreement or terminates Service for any reason
EFFECT TO, IN WHOLE OR IN PART, WARRANTY (including by porting its Phone number to another
DISCLAIMERS. THEREFORE, TO THE EXTENT service provider), Customer understands and
THAT THE DISCLAIMER OF WARRANTIES SET acknowledges that Nextel will not receive the full
FORTH HEREIN IS NOT PERMITTED BY benefit of its Agreement with Customer, in part,
APPLICABLE LAW, IT WILL NOT APPLY TO because Nextel will not continue to receive monthly
CUSTOMER OR SHALL ONLY APPLY TO THE service charges from Customer. As a result, Nextel
EXTENT PERMITTED BY SUCH APPLICABLE shall incur damages that are difficult, if not
LAW impossible, to determine. THEREFORE, IN THE
CASE OF CUSTOMER'S BREACH OR EARLY
13. Termination. (a) Customer may terminate this TERMINATION WITHIN THE FIRST TWELVE (12)
Agreement for convenience, in whole or in part, upon MONTHS OF THIS AGREEMENT, CUSTOMER
at least thirty (30) days prior written notice. If SHALL PAY TO NEXTEL (IN ADDITION TO ALL
Customer terminates all or part of this Agreement for AMOUNTS THEN OWED TO NEXTEL) THE SUM
convenience, Customer must pay Nextel all fees and OF TWO HUNDRED DOLLARS ($200.00) FOR
charges for all Services,work done, and preparations EACH NUMBER ASSIGNED TO CUSTOMER'S
made (including reasonable startup and ACCOUNT AS A REASONABLE ESTIMATE OF
implementation costs that were to be amortized over THE DAMAGES INCURRED BY NEXTEL. This is
future payments) for the terminated portions of the intended to maintain Nextel's overall rate at an
Agreement, including reasonable settlements with acceptable level despite Customer's early termination
subcontractors, reasonable costs of settling the and will be assessed without exception unless
terminated work, and a reasonable allowance for otherwise provided in this Agreement or by applicable
profit for Equipment and/or Service already provided law.
to and accepted by Customer.
(e) Nextel will not pay or accept any liability for
(b) In the event either Party breaches a material excess reprocurement costs (costs of cover). In the
provision or obligation under this Agreement, then the event Nextel is determined to be in breach of a
non-defaulting Party may terminate the Agreement if material obligation under this Agreement and Nextel
the defaulting Party does not remedy the breach fails to remedy such breach within a minimum of
within the"Cure Period:" The Cure Period shall be a thirty (30) days from the date of Customer's delivery
minimum of thirty (30) days from the date that the of written notice thereof, Customer's sole remedy will
non-defaulting Party provides written notice ("Cure be to terminate this Agreement.
Notice") of such breach to the defaulting Party, and
provides such defaulting Party with an opportunity to 14. Force Majeure. Notwithstanding anything to the
cure. contrary contained in this Agreement (including, but
not limited to, installation, delivery and liquidated
(c) Customer shall provide Nextel with reasonable damages), neither Party shall be liable for loss or
notice of any lack of allocable funds or appropriation damage or be deemed to be in breach of the
of funds relating to this Agreement. Customer shall Agreement due to such Party's failure or delay of
be responsible for payment of fees and charges performance, wholly or in part, if such failure or delay
incurred for services provided prior to the date the is due to causes beyond a Party's reasonable control
Agreement is terminated for any such lack of or beyond the reasonable control of its
allocable or appropriation of funds. subcontractors or agents whether foreseen or
8
Contract#N4004120804 41111)
government Contract
runforeseen, including, but not limited to, acts of God, locate users of the Service who make 911 calls.
fire, flood, explosion, vandalism, or unusually severe However, E911 service that is compatible with the
weather; any law, order, regulation or request of the FCC technical requirements is not available in all
United States government or of any government areas, and even in those areas where it is available,
having jurisdiction or of any agency, commission, it is not entirely reliable. Moreover, if Customer's
court or other instrumentality of any one or more of Equipment is not GPS-enabled, emergency services
such governments; national emergencies; acts of civil personnel may have much less precise location
or military authority; riots; wars; strikes, terrorist acts; information about the Customer, compared to the
criminal or malicious acts of third parties, lockouts, information available to them if Customer's
work stoppages or other such labor difficulties; loss Equipment was GPS-enabled. The information
or interruption of electrical power or other public available to emergency service providers may also
utility; cable cuts; transmission tower damage; or acts be limited if Customer's number or numbers are in
or omissions of the local exchange company or other the process of being ported. Customer
third party beyond the reasonable control of a Party. acknowledges that E911 service is not available in all
Any failure or delay of performance resulting areas, is not completely reliable and is further limited
therefrom that a Party has been unable to avoid or when using non-GPS enabled Equipment or during
overcome by the exercise of due diligence shall the number porting process. CUSTOMER AGREES
extend performance accordingly or excuse TO WAIVE ANY AND ALL CLAIMS, ACTIONS,
performance, in whole or in part, as may be SUITS, DEMANDS AND JUDGMENTS, INCLUDING
reasonable. WITHOUT LIMITATION ANY CLAIMS FOR
INDEMNIFICATION, AGAINST NEXTEL ARISING
15. Privacy; Notice Regarding Emergency Calls; OUT OF THE USE OR ATTEMPTED USE OF
Customer Information. (a) Privacy. Wireless systems NEXTEL'S SERVICE TO ACCESS 911 OR OTHER
use radio channels to transmit communications that EMERGENCY SERVICES. Customer consents to
may be accidentally or intentionally intercepted. Nextel's disclosure of Customer information to
Although federal and state laws may make it illegal governmental and public safety authorities in
for third parties to listen in on Customer's Service, response to emergencies. This information may
privacy cannot be guaranteed. NEXTEL SHALL NOT include, but is not limited to, Customer's name,
rBE LIABLE TO CUSTOMER OR TO ANY THIRD address, Number, and the location of the user of the
PARTY FOR EAVESDROPPING ON OR Service at the time of call.
INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE (c) Access, Use and Disclosure of Customer
EQUIPMENT. Information and Communications. Customer
acknowledges and agrees that Nextel may access,
(b)911 or Other Emergency Calls. The Service does use, and disclose to third parties, any information
not interact with 911 and other emergency services in whether personally identifying information, or
the same manner as non-wireless or landline "customer proprietary network information" ("CPNI")
telephone services. Depending on Customer's within the meaning of 47 U.S.C. § 222 and its
location, the type of Equipment being used, the type implementing regulations ("CPNI Regulations") that
of equipment being utilized by any applicable Nextel collects, possesses or develops about
emergency services provider, and the circumstances Customer to: (1) provide Customer with Equipment,
and conditions of a particular call, Customer's phone Service, or customer support; (2) conduct marketing
number and/or location may not be identifiable to activities in accordance with applicable law
emergency services providers and Customer may not (Customer may opt out of any such marketing by
•
be connected to the appropriate emergency services contacting Nextel); (3) enable Customer to switch to
provider. In certain circumstances, a 911 call may be a new service provider (either Nextel or another
routed to a state patrol dispatcher. Nextel is service provider) while retaining the same phone
deploying wireless Enhanced 911 ("E911") number; (4) list Customer's contact information (e.g.,
compatible Equipment that meets applicable Federal name, address, and Number) in a telephone or
Communications Commission ("FCC") requirements subscriber directory, or include such information in a
and that is designed to help public safety authorities directory assistance service; (5) provide handset-
9
Contract#N4004120804
Government Contract
unforeseen, including, but not limited to, acts of God, locate users of the Service who make 911 calls.
fire, flood, explosion, vandalism, or unusually severe However, E911 service that is compatible with the
weather; any law, order, regulation or request of the FCC technical requirements is not available in all
United States government or of any government areas, and even in those areas where it is available,
having jurisdiction or of any agency, commission, it is not entirely reliable. Moreover, if Customer's
court or other instrumentality of any one or more of Equipment is not GPS-enabled, emergency services
such governments; national emergencies; acts of civil personnel may have much less precise location
or military authority; riots; wars; strikes, terrorist acts; information about the Customer, compared to the
criminal or malicious acts of third parties, lockouts, information available to them if Customer's
work stoppages or other such labor difficulties; loss Equipment was GPS-enabled. The information
or interruption of electrical power or other public available to emergency service providers may also
utility;cable cuts; transmission tower damage; or acts be limited if Customer's number or numbers are in
or omissions of the local exchange company or other the process of being ported. Customer
third party beyond the reasonable control of a Party. acknowledges that E911 service is not available in all
Any failure or delay of performance resulting areas, is not completely reliable and is further limited
therefrom that a Party has been unable to avoid or when using non-GPS enabled Equipment or during
overcome by the exercise of due diligence shall the number porting process. CUSTOMER AGREES
extend performance accordingly or excuse TO WAIVE ANY AND ALL CLAIMS, ACTIONS,
performance, in whole or in part, as may be SUITS, DEMANDS AND JUDGMENTS, INCLUDING
reasonable. WITHOUT LIMITATION ANY CLAIMS FOR
INDEMNIFICATION, AGAINST NEXTEL ARISING
15. Privacy; Notice Regarding Emergency Calls;. OUT OF THE USE OR ATTEMPTED USE OF
Customer Information. (a) Privacy. Wireless systems NEXTEL'S SERVICE TO ACCESS 911 OR OTHER
use radio channels to transmit communications that EMERGENCY SERVICES. Customer consents to
may be accidentally or intentionally intercepted. Nextel's disclosure of Customer information to
Although federal and state laws may make it illegal governmental and public safety authorities in
for third parties to listen in on Customer's Service, response to emergencies. This information may
privacy cannot be guaranteed. NEXTEL SHALL NOT include, but is not limited to, Customer's name,
BE LIABLE TO CUSTOMER OR TO ANY THIRD address, Number, and the location of the user of the
PARTY FOR EAVESDROPPING ON OR Service at the time of call.
INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE (c) Access, Use and Disclosure of Customer
EQUIPMENT. Information and Communications. Customer
acknowledges and agrees that Nextel may access,
(b) 911 or Other Emergency Calls. The Service does use, and disclose to third parties, any information
not interact with 911 and other emergency services in whether personally identifying information, or
the same manner as non-wireless or landline "customer proprietary network information" ("CPNI")
telephone services. Depending on Customer's within the meaning of 47 U.S.C. § 222 and its
location, the type of Equipment being used, the type implementing regulations ("CPNI Regulations") that
of equipment being utilized by any applicable Nextel collects, possesses or develops about
emergency services provider, and the circumstances Customer to: (1) provide Customer with Equipment,
and conditions of a particular call, Customer's phone Service, or customer support; (2) conduct marketing
number and/or location may not be identifiable to activities in accordance with applicable law
emergency services providers and Customer may not (Customer may opt out of any such marketing by
be connected to the appropriate emergency services contacting Nextel); (3) enable Customer to switch to
provider. In certain circumstances, a 911 call may be a new service provider (either Nextel or another
routed to a state patrol dispatcher. Nextel is service provider) while retaining the same phone
deploying wireless Enhanced 911 ("E911") number; (4) list Customer's contact information (e.g.,
compatible Equipment that meets applicable Federal name, address, and Number) in a telephone or
Communications Commission ("FCC") requirements subscriber directory, or include such information in a
and that is designed to help public safety authorities directory assistance service; (5) provide handset-
9
Contract#N4004120804 4111)
•
•
Government Contract
rbk unforeseen, including, but not limited to, acts of God, locate users of the Service who make 911 calls.
fire, flood, explosion, vandalism, or unusually severe However, E911 service that is compatible with the
weather; any law, order, regulation or request of the FCC technical requirements is not available in all
United States government or of any government areas, and even in those areas where it is available,
having jurisdiction or of any agency, commission, it is not entirely reliable. Moreover, if Customer's
court or other instrumentality of any one or more of Equipment is not GPS-enabled, emergency services
such governments; national emergencies; acts of civil personnel may have much less precise location
or military authority; riots; wars; strikes, terrorist acts; information about the Customer, compared to the
criminal or malicious acts of third parties, lockouts, information available to them if Customer's
work stoppages or other such labor difficulties; loss Equipment was GPS-enabled. The information
or interruption of electrical power or other public available to emergency service providers may also
utility; cable cuts; transmission tower damage; or acts be limited if Customer's number or numbers are in
or omissions of the local exchange company or other the process of being ported. Customer
third party beyond the reasonable control of a Party. acknowledges that E911 service is not available in all
Any failure or delay of performance resulting areas, is not completely reliable and is further limited
therefrom that a Party has been unable to avoid or when using non-GPS enabled Equipment or during
overcome by the exercise of due diligence shall the number porting process. CUSTOMER AGREES
extend performance accordingly or excuse TO WAIVE ANY AND ALL CLAIMS, ACTIONS,
performance, in whole or in part, as may be SUITS, DEMANDS AND JUDGMENTS, INCLUDING
reasonable. WITHOUT LIMITATION ANY CLAIMS FOR
INDEMNIFICATION, AGAINST NEXTEL ARISING
15. Privacy: Notice Regarding Emergency Calls: OUT OF THE USE OR ATTEMPTED USE OF
Customer Information. (a) Privacy. Wireless systems NEXTEL'S SERVICE TO ACCESS 911 OR OTHER
use radio channels to transmit communications that EMERGENCY SERVICES. Customer consents to
may be accidentally or intentionally intercepted. Nextel's disclosure of Customer information to
Although federal and state laws may make it illegal governmental and public safety authorities in
rfor third parties to listen in on Customer's Service, response to emergencies. This information may
privacy cannot be guaranteed. NEXTEL SHALL NOT include, but is not limited to, Customer's name,
BE LIABLE TO CUSTOMER OR TO ANY THIRD address, Number, and the location of the user of the
PARTY FOR EAVESDROPPING ON OR Service at the time of call.
INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE (c) Access, Use and Disclosure of Customer
EQUIPMENT. Information and Communications. Customer
acknowledges and agrees that Nextel may access,
(b)911 or Other Emergency Calls. The Service does use, and disclose to third parties, any information
not interact with 911 and other emergency services in whether personally identifying information, or
the same manner as non-wireless or landline "customer proprietary network information" ("CPNI")
telephone services. Depending on Customer's within the meaning of 47 U.S.C. § 222 and its
location, the type of Equipment being used, the type implementing regulations ("CPNI Regulations") that
of equipment being utilized by any applicable Nextel collects, possesses or develops about
emergency services provider, and the circumstances Customer to: (1) provide Customer with Equipment,
and conditions of a particular call, Customer's phone Service, or customer support; (2) conduct marketing
number and/or location may not be identifiable to activities in accordance with applicable law
emergency services providers and Customer may not (Customer may opt out of any such marketing by
be connected to the appropriate emergency services contacting Nextel); (3) enable Customer to switch to
provider. In certain circumstances, a 911 call may be a new service provider (either Nextel or another
routed to a state patrol dispatcher. Nextel is service provider) while retaining the same phone
deploying wireless Enhanced 911 ("E911") number; (4) list Customer's contact information (e.g.,
compatible Equipment that meets applicable Federal name, address, and Number) in a telephone or
Communications Commission ("FCC") requirements subscriber directory, or include such information in a
and that is designed to help public safety authorities directory assistance service; (5) provide handset-
9
rik* Contract#N4004120804
•
Government Contract
unforeseen, including, but not limited to, acts of God, locate users of the Service who make 911 calls.
fire, flood, explosion, vandalism, or unusually severe However, E911 service that is compatible with the
weather; any law, order, regulation or request of the FCC technical requirements is not available in all
United States government or of any government areas, and even in those areas where it is available,
having jurisdiction or of any agency, commission, it is not entirely reliable. Moreover, if Customer's
court or other instrumentality of any one or more of Equipment is not GPS-enabled, emergency services
such governments; national emergencies; acts of civil personnel may have much less precise location
or military authority; riots; wars; strikes, terrorist acts; information about the Customer, compared to the
criminal or malicious acts of third parties, lockouts, information available to them if Customer's
work stoppages or other such labor difficulties; loss Equipment was GPS-enabled. The information
or interruption of electrical power or other public available to emergency service providers may also
utility; cable cuts; transmission tower damage; or acts be limited if Customer's number or numbers are in
or omissions of the local exchange company or other the process of being ported. Customer
third party beyond the reasonable control of a Party. acknowledges that E911 service is not available in all
Any failure or delay of performance resulting areas, is not completely reliable and is further limited
therefrom that a Party has been unable to avoid or when using non-GPS enabled Equipment or during
overcome by the exercise of due diligence shall the number porting process. CUSTOMER AGREES
extend performance accordingly or excuse TO WAIVE ANY AND ALL CLAIMS, ACTIONS,
performance, in whole or in part, as may be SUITS, DEMANDS AND JUDGMENTS, INCLUDING
reasonable. WITHOUT LIMITATION ANY CLAIMS FOR
INDEMNIFICATION, AGAINST NEXTEL ARISING
15. Privacy; Notice Regarding Emergency Calls; OUT OF THE USE OR ATTEMPTED USE OF
Customer Information. (a) Privacy. Wireless systems NEXTEL'S SERVICE TO ACCESS 911 OR OTHER
use radio channels to transmit communications that EMERGENCY SERVICES. Customer consents to
may be accidentally or intentionally intercepted. Nextel's disclosure of Customer information to
Although federal and state laws may make it illegal governmental and public safety authorities in
for third parties to listen in on Customer's Service, response to emergencies. This information may
privacy cannot be guaranteed. NEXTEL SHALL NOT include, but is not limited to, Customer's name,
BE LIABLE TO CUSTOMER OR TO ANY THIRD address, Number, and the location of the user of the
PARTY FOR EAVESDROPPING ON OR Service at the time of call.
INTERCEPTION OF COMMUNICATIONS MADE
WHILE USING THE SERVICE OR THE (c) Access, Use and Disclosure of Customer
EQUIPMENT. Information and Communications. Customer
acknowledges and agrees that Nextel may access,
(b)911 or Other Emergency Calls. The Service does use, and disclose to third parties, any information
not interact with 911 and other emergency services in whether personally identifying information, or
the same manner as non-wireless or landline "customer proprietary network information" ("CPNI")
telephone services. Depending on Customer's within the meaning of 47 U.S.C. § 222 and its
location, the type of Equipment being used, the type implementing regulations ("CPNI Regulations") that
of equipment being utilized by any applicable Nextel collects, possesses or develops about
emergency services provider, and the circumstances Customer to: (1) provide Customer with Equipment,
and conditions of a particular call, Customer's phone Service, or customer support; (2) conduct marketing
number and/or location may not be identifiable to activities in accordance with applicable law
emergency services providers and Customer may not (Customer may opt out of any such marketing by
be connected to the appropriate emergency services contacting Nextel); (3) enable Customer to switch to
provider. In certain circumstances, a 911 call may be a new service provider (either Nextel or another
routed to a state patrol dispatcher. Nextel is service provider) while retaining the same phone
deploying wireless Enhanced 911 ("E911") number; (4) list Customer's contact information (e.g.,
compatible Equipment that meets applicable Federal name, address, and Number) in a telephone or
Communications Commission ("FCC") requirements subscriber directory, or include such information in a
and that is designed to help public safety authorities directory assistance service; (5) provide handset-
9
Contract#N4004120804
•
•
•
Government Contract
based or network-based geographic information and any information relating to the disclosing Party's
services via Nextel-provided or third party software technology, business affairs, and marketing or sales
Applications; (6) comply with applicable law; or (7) plans (collectively the "Confidential Information").
respond to emergencies. Customer acknowledges The Parties shall use Confidential Information only for
that any information that identifies Customer (e.g., the purpose of this Agreement. The foregoing
Customer's name and Number) and calls made by restrictions on use and disclosure of Confidential
Customer may appear on the Equipment or bill of a Information do not apply to information that: (a) is in
person or party that receives Customer's call. Nextel the possession of the receiving Party at the time of its
may access, use, disclose, record or monitor any disclosure and is not otherwise subject to obligations
communications to or from Customer or any other of confidentiality; (b) is or becomes publicly known,
person to protect Nextel's rights or property or those through no wrongful act or omission of the receiving
of other customers, as permitted by law. Party; (c) is received without restriction from a third
party free to disclose it without obligation to the
(d) Geographic Information Services. Consistent with disclosing Party; (d) is developed independently by
the foregoing, Customer acknowledges and agrees the receiving Party without reference to the
that Nextel or a third party application service Confidential Information; or (e) is require to be
provider may access, use, and disclose to third disclosed by statute, regulation, court or government
parties the geographic location of Customer's order, or otherwise by law.
Equipment to provide Customer with any geographic
information service which Customer accesses 16. Order of Precedence. Customer's Solicitation for
through the Service or Equipment. If Customer Cellular Phone Services and Nextel's proposal
utilizes any such service and there are additional submitted in response to Customer's Solicitation are
users on Customer's account, Customer shall clearly, hereby incorporated by reference. In the event of an
conspicuously, and regularly notify all individual users inconsistency or conflict between or among the
of the Service that location information (i.e., the provisions of this Agreement, the inconsistency or
geographic coordinates of the Equipment) may be conflict shall be resolved by giving precedence to the
raccessed, used, or disclosed in connection with the following documents as follows: (i) this Agreement,
Service. For any geographic information service that including attachments; (ii) Nextel's proposal; and (iii)
is governed by the CPNI regulations or a similar law, Customer's solicitation. In the event of inconsistency
Nextel will provide Customer with a separate notice among the main body of this Agreement and the
and opportunity to consent to the access, use, and Attachments, the order of precedence shall be the
disclosure of geographic information. CUSTOMER main body of this Agreement and the Attachments in
AGREES TO WAIVE ANY AND ALL CLAIMS, alphabetical or numerical order.
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS 17. Disputes. Any dispute arising between the
BY THIRD PARTIES) AGAINST NEXTEL ARISING Parties relating to this Agreement, which is not
OUT OF A BREACH OF CUSTOMER'S resolved by mutual agreement of the Parties, will be
OBLIGATION TO NOTIFY USERS AS SET FORTH promptly submitted in writing to the other Party in
IN THIS SECTION OR CUSTOMER'S USE OF ANY accordance with the Notice requirements of the
GEOGRPAHIC INFORMATION SERVICE OR Agreement. The Parties shall designate individuals
LOCATION INFORMATION. with authority to resolve the dispute and such
individuals shall work diligently and in good faith to
(e) Confidential Information. Commencing on the resolve the dispute within thirty (30) days. In the
Effective Date of this Agreement and continuing for a event the Parties are unable to resolve the dispute
period of three (3) years from the termination of this within thirty (30) days, either Party may refer the
Agreement, each Party shall protect as confidential, dispute to a court of competent jurisdiction or, if both
and shall not disclose to any third party, any Parties agree, to mediation, arbitration or other
Confidential Information received from the disclosing alternative dispute resolution method. Each Party
Party or otherwise discovered by the receiving Party shall continue to perform its obligations under the
during the Term of this Agreement, including but not Agreement pending final resolution of the dispute.
limited to, the pricing and terms of this Agreement, Except as otherwise provided under the Agreement,
10
Contract#N4004120804
Government Contract
based or network-based geographic information and any information relating to the disclosing Party's
services via Nextel-provided or third party software technology, business affairs, and marketing or sales
Applications; (6) comply with applicable law; or (7) plans (collectively the "Confidential Information").
respond to emergencies. Customer acknowledges The Parties shall use Confidential Information only for
that any information that identifies Customer (e.g., the purpose of this Agreement. The foregoing
Customer's name and Number) and calls made by restrictions on use and disclosure of Confidential
Customer may appear on the Equipment or bill of a Information do not apply to information that: (a) is in
person or party that receives Customer's call. Nextel the possession of the receiving Party at the time of its
may access, use, disclose, record or monitor any disclosure and is not otherwise subject to obligations
communications to or from Customer or any other of confidentiality; (b) is or becomes publicly known,
person to protect Nextel's rights or property or those through no wrongful act or omission of the receiving
of other customers, as permitted by law. Party; (c) is received without restriction from a third
party free to disclose it without obligation to the
(d) Geographic Information Services. Consistent with disclosing Party; (d) is developed independently by
the foregoing, Customer acknowledges and agrees the receiving Party without reference to the
that Nextel or a third party application service Confidential Information; or (e) is require to be
provider may access, use, and disclose to third disclosed by statute, regulation, court or government
parties the geographic location of Customer's order, or otherwise by law.
Equipment to provide Customer with any geographic
information service which Customer accesses 16. Order of Precedence. Customer's Solicitation for
through the Service or Equipment. If Customer Cellular Phone Services and Nextel's proposal
utilizes any such service and there are additional submitted in response to Customer's Solicitation are
users on Customer's account, Customer shall clearly, hereby incorporated by reference. In the event of an
conspicuously, and regularly notify all individual users inconsistency or conflict between or among the
of the Service that location information (i.e., the provisions of this Agreement, the inconsistency or
geographic coordinates of the Equipment) may be conflict shall be resolved by giving precedence to the
accessed, used, or disclosed in connection with the following documents as follows: (i) this Agreement,
Service. For any geographic information service that including attachments; (ii) Nextel's proposal; and (iii)
is governed by the CPNI regulations or a similar law, Customer's solicitation. In the event of inconsistency
Nextel will provide Customer with a separate notice among the main body of this Agreement and the
and opportunity to consent to the access, use, and Attachments, the order of precedence shall be the
disclosure of geographic information. CUSTOMER main body of this Agreement and the Attachments in
AGREES TO WAIVE ANY AND ALL CLAIMS, alphabetical or numerical order.
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS 17. Disputes. Any dispute arising between the
BY THIRD PARTIES) AGAINST NEXTEL ARISING Parties relating to this Agreement, which is not
OUT OF A BREACH OF CUSTOMER'S resolved by mutual agreement of the Parties, will be
OBLIGATION TO NOTIFY USERS AS SET FORTH promptly submitted in writing to the other Party in
IN THIS SECTION OR CUSTOMER'S USE OF ANY accordance with the Notice requirements of the
GEOGRPAHIC INFORMATION SERVICE OR Agreement. The Parties shall designate individuals
LOCATION INFORMATION. with authority to resolve the dispute and such
individuals shall work diligently and in good faith to
(e) Confidential Information. Commencing on the resolve the dispute within thirty (30) days. In the
Effective Date of this Agreement and continuing for a event the Parties are unable to resolve the dispute
period of three (3) years from the termination of this within thirty (30) days, either Party may refer the
Agreement, each Party shall protect as confidential, dispute to a court of competent jurisdiction or, if both
and shall not disclose to any third party, any Parties agree, to mediation, arbitration or other
Confidential Information received from the disclosing alternative dispute resolution method. Each Party
Party or otherwise discovered by the receiving Party shall continue to perform its obligations under the
during the Term of this Agreement, including but not Agreement pending final resolution of the dispute.
limited to, the pricing and terms of this Agreement, Except as otherwise provided under the Agreement,
10
Contract#N4004120804
•
•
Government Contract
based or network-based geographic information and any information relating to the disclosing Party's
services via Nextel-provided or third party software technology, business affairs, and marketing or sales
Applications; (6) comply with applicable law; or (7) plans (collectively the "Confidential Information").
respond to emergencies. Customer acknowledges The Parties shall use Confidential Information only for
that any information that identifies Customer (e.g., the purpose of this Agreement. The foregoing
Customer's name and Number) and calls made by restrictions on use and disclosure of Confidential
Customer may appear on the Equipment or bill of a Information do not apply to information that: (a) is in
person or party that receives Customer's call. Nextel the possession of the receiving Party at the time of its
may access, use, disclose, record or monitor any disclosure and is not otherwise subject to obligations
communications to or from Customer or any other of confidentiality; (b) is or becomes publicly known,
person to protect Nextel's rights or property or those through no wrongful act or omission of the receiving
of other customers, as permitted by law. Party; (c) is received without restriction from a third
party free to disclose it without obligation to the
(d) Geographic Information Services. Consistent with disclosing Party; (d) is developed independently by
the foregoing, Customer acknowledges and agrees the receiving Party without reference to the
that Nextel or a third party application service Confidential Information; or (e) is require to be
provider may access, use, and disclose to third disclosed by statute, regulation, court or government
parties the geographic location of Customer's order, or otherwise by law.
Equipment to provide Customer with any geographic
information service which Customer accesses 16. Order of Precedence. Customer's Solicitation for
through the Service or Equipment. If Customer Cellular Phone Services and Nextel's proposal
utilizes any such service and there are additional submitted in response to Customer's Solicitation are
users on Customer's account, Customer shall clearly, hereby incorporated by reference. In the event of an
conspicuously, and regularly notify all individual users inconsistency or conflict between or among the
of the Service that location information (i.e., the provisions of this Agreement, the inconsistency or
geographic coordinates of the Equipment) may be conflict shall be resolved by giving precedence to the
raccessed, used, or disclosed in connection with the following documents as follows: (i) this Agreement,
Service. For any geographic information service that including attachments; (ii) Nextel's proposal; and (iii)
is governed by the CPNI regulations or a similar law, Customer's solicitation. In the event of inconsistency
Nextel will provide Customer with a separate notice among the main body of this Agreement and the
and opportunity to consent to the access, use, and Attachments, the order of precedence shall be the
disclosure of geographic information. CUSTOMER main body of this Agreement and the Attachments in
AGREES TO WAIVE ANY AND ALL CLAIMS, alphabetical or numerical order.
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS 17. Disputes. Any dispute arising between the
BY THIRD PARTIES) AGAINST NEXTEL ARISING Parties relating to this Agreement, which is not
OUT OF A BREACH OF CUSTOMER'S resolved by mutual agreement of the Parties, will be
OBLIGATION TO NOTIFY USERS AS SET FORTH promptly submitted in writing to the other Party in
IN THIS SECTION OR CUSTOMER'S USE OF ANY accordance with the Notice requirements of the
GEOGRPAHIC INFORMATION SERVICE OR Agreement. The Parties shall designate individuals
LOCATION INFORMATION. with authority to resolve the dispute and such
individuals shall work diligently and in good faith to
(e) Confidential Information. Commencing on the resolve the dispute within thirty (30) days. In the
Effective Date of this Agreement and continuing for a event the Parties are unable to resolve the dispute
period of three (3) years from the termination of this within thirty (30) days, either Party may refer the
Agreement, each Party shall protect as confidential, dispute to a court of competent jurisdiction or, if both
and shall not disclose to any third party, any Parties agree, to mediation, arbitration or other
Confidential Information received from the disclosing alternative dispute resolution method. Each Party
Party or otherwise discovered by the receiving Party shall continue to perform its obligations under the
during the Term of this Agreement, including but not Agreement pending final resolution of the dispute.
limited to, the pricing and terms of this Agreement, Except as otherwise provided under the Agreement,
10
rContract#N4004120604
•
Government Contract
based or network-based geographic information and any information relating to the disclosing Party's
services via Nextel-provided or third party software technology, business affairs, and marketing or sales
Applications; (6) comply with applicable law; or (7) plans (collectively the "Confidential Information").
respond to emergencies. Customer acknowledges The Parties shall use Confidential Information only for
that any information that identifies Customer (e.g., the purpose of this Agreement. The foregoing
Customer's name and Number) and calls made by restrictions on use and disclosure of Confidential
Customer may appear on the Equipment or bill of a Information do not apply to information that: (a) is in
person or party that receives Customer's call. Nextel the possession of the receiving Party at the time of its
may access, use, disclose, record or monitor any disclosure and is not otherwise subject to obligations
communications to or from Customer or any other of confidentiality; (b) is or becomes publicly known,
person to protect Nextel's rights or property or those through no wrongful act or omission of the receiving
of other customers, as permitted by law. Party; (c) is received without restriction from a third
party free to disclose it without obligation to the
(d) Geographic Information Services. Consistent with disclosing Party; (d) is developed independently by
the foregoing, Customer acknowledges and agrees • the receiving Party without reference to the
that Nextel or a third party application service Confidential Information; or (e) is require to be
provider may access, use, and disclose to third disclosed by statute, regulation, court or government
parties the geographic location of Customer's order, or otherwise by law.
Equipment to provide Customer with any geographic
information service which Customer accesses 16. Order of Precedence. Customer's Solicitation for
through the Service or Equipment. If Customer Cellular Phone Services and Nextel's proposal
utilizes any such service and there are additional submitted in response to Customer's Solicitation are
users on Customer's account, Customer shall clearly, hereby incorporated by reference. In the event of an
conspicuously, and regularly notify all individual users inconsistency or conflict between or among the
of the Service that location information (i.e., the provisions of this Agreement, the inconsistency or
geographic coordinates of the Equipment) may be conflict shall be resolved by giving precedence to the
accessed, used, or disclosed in connection with the following documents as follows: (i) this Agreement,
Service. For any geographic information service that including attachments; (ii) Nextel's proposal; and (iii) '41111)
is governed by the CPNI regulations or a similar law, Customer's solicitation. In the event of inconsistency
Nextel will provide Customer with a separate notice among the main body of this Agreement and the
and opportunity to consent to the access, use, and Attachments, the order of precedence shall be the
disclosure of geographic information. CUSTOMER main body of this Agreement and the Attachments in
AGREES TO WAIVE ANY AND ALL CLAIMS, alphabetical or numerical order.
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS 17. Disputes. Any dispute arising between the
BY THIRD PARTIES) AGAINST NEXTEL ARISING Parties relating to this Agreement, which is not
OUT OF A BREACH OF CUSTOMER'S resolved by mutual agreement of the Parties, will be
OBLIGATION TO NOTIFY USERS AS SET FORTH promptly submitted in writing to the other Party in
IN THIS SECTION OR CUSTOMER'S USE OF ANY accordance with the Notice requirements of the
GEOGRPAHIC INFORMATION SERVICE OR Agreement. The Parties shall designate individuals
LOCATION INFORMATION. with authority to resolve the dispute and such
individuals shall work diligently and in good faith to
(e) Confidential Information. Commencing on the resolve the dispute within thirty (30) days. In the
Effective Date of this Agreement and continuing for a event the Parties are unable to resolve the dispute
period of three (3) years from the termination of this within thirty (30) days, either Party may refer the
Agreement, each Party shall protect as confidential, dispute to a court of competent jurisdiction or, if both
and shall not disclose to any third party, any Parties agree, to mediation, arbitration or other
Confidential Information received from the disclosing alternative dispute resolution method. Each Party
Party or otherwise discovered by the receiving Party shall continue to perform its obligations under the
during the Term of this Agreement, including but not Agreement pending final resolution of the dispute.
limited to, the pricing and terms of this Agreement, Except as otherwise provided under the Agreement,
10
Contract#N4004120804
Government Contract
Customer and Nextel shall each bear its own costs future waiver of any subsequent breach by a Party.
and expenses incurred in connection with dispute The headings of sections of this Agreement are for
resolution pursuant to this Agreement. In addition, the convenience of the Parties only and shall not be
Customer and Nextel shall share equally all third considered in any interpretation of this Agreement.
party costs in connection with any attempt to resolve
disputes pursuant to this Agreement, unless 22. Notices. All notices, requests, or other
otherwise agreed. communications (excluding invoices) hereunder shall
be in writing and either transmitted via overnight
18. Assignment. Neither Party may assign this courier, facsimile with correct answerback, electronic
Agreement or any rights hereunder, without the prior mail, hand delivery or certified or registered mail,
written consent of the other Party, which consent postage prepaid and return receipt requested to the
shall not be unreasonably withheld, except that Parties at the following addresses. Notices will be
Nextel may assign this Agreement to any parent, deemed to have been given when received.
subsidiary or affiliate of Nextel or to any purchaser of
all or substantially all its assets upon written Customer:
notification to Customer. Subject to the restrictions City of Elgin
contained herein, this Agreement shall bind and inure 160 Dexter Court
to the benefit of the successors and assigns of the Elgin, IL. 60120
Parties hereto. Attn: Gail Cohen, Purchasing Manager
19. Independent Contractor. Nextel is and shall Nextel:
perform these services as an independent contractor Nextel Communications
and as such, shall have and maintain complete 2001 Edmund Halley Drive
control over all of its employees, agents and Mail Stop A2-5
operations. Neither Nextel nor anyone employed by Reston,VA 20191
it shall be, represent, act, purport to act or be Attn: Rexford R. Gile 3rd,CPCM
rdeemed to be the agent, representative, employee or Senior Contracts Manager
servant of Customer. The Parties understand and
agree that this Agreement is not intended to create and Customer shall ensure that a contemporaneous copy
does not create a joint venture, partnership, or agency of all notices under this Section is sent to: Vice
relationship. Each Party shall be conclusively President & Assistant General Counsel — Public
deemed to be an independent contractor and not Sector, Nextel Communications, 2001 Edmund
under the control or supervision of the other Party, Halley Drive, Reston,VA 20191.
except as it pertains to the quality control over the
use of the other Party's trademarks. 23. Publicity. Neither Party shall: (a) use any service
mark or trademark of the other Party; or (b) refer to
20. Governing Law. This Agreement shall be the other Party in connection with any advertising,
governed by the laws of the State of Illinois without promotion, press release or publication unless it
regard to its choice of law principles. obtains the other Party's prior written approval.
21. Severability; Waiver; Headings. If any portion of 24. No Third Party Beneficiary. It is expressly
this Agreement is held or determined to be invalid or understood and agreed that enforcement of the terms
unenforceable, the remaining provisions will not be and conditions of this Agreement, and all rights of
affected thereby. The failure of a Party to object to, or action relating to such enforcement, shall be strictly
to take affirmative action with respect to, any conduct reserved to Nextel and Customer, and nothing
of the other Party which is in violation of the terms of contained in this Agreement shall give or allow,
this Agreement shall not be construed as a waiver of expressly or implicitly, any such claim or right of action
the violation or breach or of any future violation, to benefit any person who is not a named party to this
breach, or wrongful conduct. Any waiver, in whole or Agreement to provide any third person on such
in part, of any provision hereof shall not be construed Agreement, including but not limited to subcontractors,
as a waiver of any other provision hereof, or as a consultants, and suppliers. It is the express intention of
11
rib. Contract#N4004120804
•
Government Contract
Customer and Nextel shall each bear its own costs future waiver of any subsequent breach by a Party.
and expenses incurred in connection with dispute The headings of sections of this Agreement are for
resolution pursuant to this Agreement. In addition, the convenience of the Parties only and shall not be
Customer and Nextel shall share equally all third considered in any interpretation of this Agreement.
party costs in connection with any attempt to resolve
disputes pursuant to this Agreement, unless 22. Notices. All notices, requests, or other
otherwise agreed. communications (excluding invoices) hereunder shall
be in writing and either transmitted via overnight
18. Assignment. Neither Party may assign this courier, facsimile with correct answerback, electronic
Agreement or any rights hereunder, without the prior mail, hand delivery or certified or registered mail,
written consent of the other Party, which consent postage prepaid and return receipt requested to the
shall not be unreasonably withheld, except that Parties at the following addresses. Notices will be
Nextel may assign this Agreement to any parent, deemed to have been given when received.
subsidiary or affiliate of Nextel or to any purchaser of
all or substantially all its assets upon written Customer:
notification to Customer. Subject to the restrictions City of Elgin
contained herein,this Agreement shall bind and inure 160 Dexter Court
to the benefit of the successors and assigns of the Elgin, IL. 60120
Parties hereto. Attn: Gail Cohen, Purchasing Manager
19. Independent Contractor. Nextel is and shall Nextel:
perform these services as an independent contractor Nextel Communications
and as such, shall have and maintain complete 2001 Edmund Halley Drive
control over all of its employees, agents and Mail Stop A2-5
operations. Neither Nextel nor anyone employed by Reston,VA 20191
it shall be, represent, act, purport to act or be Attn: Rexford R. Gile 3rd,CPCM
deemed to be the agent, representative, employee or Senior Contracts Manager
servant of Customer. The Parties understand and
1111)
agree that this Agreement is not intended to create and Customer shall ensure that a contemporaneous copy
does not create a joint venture, partnership, or agency of all notices under this Section is sent to: Vice
relationship. Each Party shall be conclusively President & Assistant General Counsel — Public
deemed to be an independent contractor and not Sector, Nextel Communications, 2001 Edmund
under the control or supervision of the other Party, Halley Drive, Reston, VA 20191.
except as it pertains to the quality control over the
use of the other Party's trademarks. 23. Publicity. Neither Party shall: (a)use any service
mark or trademark of the other Party; or (b) refer to
20. Governing Law. This Agreement shall be the other Party in connection with any advertising,
governed by the laws of the State of Illinois without promotion, press release or publication unless it
regard to its choice of law principles. obtains the other Party's prior written approval.
21. Severability; Waiver; Headings. If any portion of 24. No Third Party Beneficiary. It is expressly
this Agreement is held or determined to be invalid or understood and agreed that enforcement of the terms
unenforceable, the remaining provisions will not be and conditions of this Agreement, and all rights of
affected thereby. The failure of a Party to object to,or action relating to such enforcement, shall be strictly
to take affirmative action with respect to, any conduct reserved to Nextel and Customer, and nothing
of the other Party which is in violation of the terms of contained in this Agreement shall give or allow,
this Agreement shall not be construed as a waiver of expressly or implicitly, any such claim or right of action
the violation or breach or of any future violation, to benefit any person who is not a named party to this
breach, or wrongful conduct. Any waiver, in whole or Agreement to provide any third person on such
in part, of any provision hereof shall not be construed Agreement, including but not limited to subcontractors,
as a waiver of any other provision hereof, or as a consultants,and suppliers. It is the express intention of
11
Contract#N4004120804
Government Contract
Customer and Nextel shall each bear its own costs future waiver of any subsequent breach by a Party.
and expenses incurred in connection with dispute The headings of sections of this Agreement are for
resolution pursuant to this Agreement. In addition, the convenience of the Parties only and shall not be
Customer and Nextel shall share equally all third considered in any interpretation of this Agreement.
party costs in connection with any attempt to resolve
disputes pursuant to this Agreement, unless 22. Notices. All notices, requests, or other
otherwise agreed. communications (excluding invoices) hereunder shall
be in writing and either transmitted via overnight
18. Assignment. Neither Party may assign this courier, facsimile with correct answerback, electronic
Agreement or any rights hereunder, without the prior mail, hand delivery or certified or registered mail,
written consent of the other Party, which consent postage prepaid and return receipt requested to the
shall not be unreasonably withheld, except that Parties at the following addresses. Notices will be
Nextel may assign this Agreement to any parent, deemed to have been given when received.
subsidiary or affiliate of Nextel or to any purchaser of
all or substantially all its assets upon written Customer:
notification to Customer. Subject to the restrictions City of Elgin
contained herein, this Agreement shall bind and inure 160 Dexter Court
to the benefit of the successors and assigns of the Elgin, IL. 60120
Parties hereto. Attn: Gail Cohen, Purchasing Manager
19. Independent Contractor. Nextel is and shall Nextel:
perform these services as an independent contractor Nextel Communications
and as such, shall have and maintain complete 2001 Edmund Halley Drive
control over all of its employees, agents and Mail Stop A2-5
operations. Neither Nextel nor anyone employed by Reston,VA 20191
it shall be, represent, act, purport to act or be Attn: Rexford R. Gile 3rd,CPCM
deemed to be the agent, representative, employee or Senior Contracts Manager
rservant of Customer. The Parties understand and
agree that this Agreement is not intended to create and Customer shall ensure that a contemporaneous copy
does not create a joint venture, partnership, or agency of all notices under this Section is sent to: Vice
relationship. Each Party shall be conclusively President & Assistant General Counsel — Public
deemed to be an independent contractor and not Sector, Nextel Communications, 2001 Edmund
under the control or supervision of the other Party, Halley Drive, Reston,VA 20191.
except as it pertains to the quality control over the
use of the other Party's trademarks. 23. Publicity. Neither Party shall: (a)use any service
mark or trademark of the other Party; or (b) refer to
20. Governing Law. This Agreement shall be the other Party in connection with any advertising,
governed by the laws of the State of Illinois without promotion, press release or publication unless it
regard to its choice of law principles. obtains the other Party's prior written approval.
21. Severability; Waiver; Headings. If any portion of 24. No Third Party Beneficiary. It is expressly
this Agreement is held or determined to be invalid or understood and agreed that enforcement of the terms
unenforceable, the remaining provisions will not be and conditions of this Agreement, and all rights of
affected thereby. The failure of a Party to object to, or action relating to such enforcement, shall be strictly
to take affirmative action with respect to, any conduct reserved to Nextel and Customer, and nothing
of the other Party which is in violation of the terms of contained in this Agreement shall give or allow,
this Agreement shall not be construed as a waiver of expressly or implicitly, any such claim or right of action
the violation or breach or of any future violation, to benefit any person who is not a named party to this
breach, or wrongful conduct. Any waiver, in whole or Agreement to provide any third person on such
in part, of any provision hereof shall not be construed Agreement, including but not limited to subcontractors,
as a waiver of any other provision hereof, or as a consultants, and suppliers. It is the express intention of
11
Ow Contract#N4004120804
•
Government Contract
Customer and Nextel shall each bear its own costs future waiver of any subsequent breach by a Party.
and expenses incurred in connection with dispute The headings of sections of this Agreement are for
resolution pursuant to this Agreement. In addition, the convenience of the Parties only and shall not be
Customer and Nextel shall share equally all third considered in any interpretation of this Agreement.
party costs in connection with any attempt to resolve
disputes pursuant to this Agreement, unless 22. Notices. All notices, requests, or other
otherwise agreed. communications (excluding invoices) hereunder shall
be in writing and either transmitted via overnight
18. Assignment. Neither Party may assign this courier, facsimile with correct answerback, electronic
Agreement or any rights hereunder, without the prior mail, hand delivery or certified or registered mail,
written consent of the other Party, which consent postage prepaid and return receipt requested to the
shall not be unreasonably withheld, except that Parties at the following addresses. Notices will be
Nextel may assign this Agreement to any parent, deemed to have been given when received.
subsidiary or affiliate of Nextel or to any purchaser of
all or substantially all its assets upon written Customer:
notification to Customer. Subject to the restrictions City of Elgin
contained herein,this Agreement shall bind and inure 160 Dexter Court
to the benefit of the successors and assigns of the Elgin, IL.60120
Parties hereto. Attn: Gail Cohen, Purchasing Manager
19. Independent Contractor. Nextel is and shall Nextel:
perform these services as an independent contractor Nextel Communications
and as such, shall have and maintain complete 2001 Edmund Halley Drive
control over all of its employees, agents and Mail Stop A2-5
operations. Neither Nextel nor anyone employed by Reston, VA 20191
it shall be, represent, act, purport to act or be Attn: Rexford R. Gile 3`",CPCM
deemed to be the agent, representative, employee or Senior Contracts Manager
servant of Customer. The Parties understand and
agree that this Agreement is not intended to create and Customer shall ensure that a contemporaneous copy
does not create a joint venture, partnership, or agency of all notices under this Section is sent to: Vice
relationship. Each Party shall be conclusively President & Assistant General Counsel — Public
deemed to be an independent contractor and not Sector, Nextel Communications, 2001 Edmund
under the control or supervision of the other Party, Halley Drive, Reston,VA 20191.
except as it pertains to the quality control over the
use of the other Party's trademarks. 23. Publicity. Neither Party shall:(a)use any service
mark or trademark of the other Party; or (b) refer to
20. Governing Law. This Agreement shall be the other Party in connection with any advertising,
governed by the laws of the State of Illinois without promotion, press release or publication unless it
regard to its choice of law principles. obtains the other Party's prior written approval.
21. Severability; Waiver; Headings. If any portion of 24. No Third Party Beneficiary. It is expressly
this Agreement is held or determined to be invalid or understood and agreed that enforcement of the terms
unenforceable, the remaining provisions will not be and conditions of this Agreement, and all rights of
affected thereby. The failure of a Party to object to, or action relating to such enforcement, shall be strictly
to take affirmative action with respect to, any conduct reserved to Nextel and Customer, and nothing
of the other Party which is in violation of the terms of contained in this Agreement shall give or allow,
this Agreement shall not be construed as a waiver of expressly or implicitly, any such claim or right of action
the violation or breach or of any future violation, to benefit any person who is not a named party to this
breach, or wrongful conduct. Any waiver, in whole or Agreement to provide any third person on such
in part, of any provision hereof shall not be construed Agreement, including but not limited to subcontractors,
as a waiver of any other provision hereof, or as a consultants,and suppliers. It is the express intention of
11
Contract#N4004120804
Government Contract
Nextel and Customer that any party or person other and may be required at Nextel's sole discretion to
than Nextel and Customer receiving services or execute Nextel's standard Non-Disclosure
benefits under this Agreement shall be deemed to be Agreement prior to examining, inspecting, copying or
an incidental beneficiary only. auditing Nextel's records.
25. Examination of Records. Nextel shall maintain in 26. Entire Agreement. This Agreement (and any
accordance with applicable law and generally Attachments and other documents incorporated
accepted commercial standards all relevant records herein by reference) constitutes the entire agreement
relating to this Agreement for a period of six(6)years between the Parties with respect to its subject matter
following the date of acceptance of final payment and supersedes all other representations,
under the Agreement. Upon reasonable prior written understandings or agreements that are not
notice, Nextel shall make records relating to the expressed herein, whether oral or written. Except as
Agreement available to Customer at Nextel's otherwise set forth herein, no amendment to this
business offices during normal business hours for Agreement shall be valid unless in writing and signed
inspection, examination or audit. Further, due to the by both Parties. Terms defined in the main body of
highly sensitive and proprietary nature of Nextel's this Agreement shall have the same meaning in the
records, any third party auditor acting on behalf of the Attachments and visa versa.
Customer shall be subject to prior approval by Nextel
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as
of the Effective Date.
City of Elgin: Nextel West Corp.,d/b/a Nextel
Communications
By: By:
Name: Name: H. Leon Frazier
Title: Title:Vice President
Date: Date:
12
rContract#N4004120804
Government Contract
Nextel and Customer that any party or person other and may be required at Nextel's sole discretion to 41111)
than Nextel and Customer receiving services or execute Nextel's standard Non-Disclosure
benefits under this Agreement shall be deemed to be Agreement prior to examining, inspecting, copying or
an incidental beneficiary only. auditing Nextel's records.
25. Examination of Records. Nextel shall maintain.in 26. Entire Agreement. This Agreement (and any
accordance with applicable law and generally Attachments and other documents incorporated
accepted commercial standards all relevant records herein by reference) constitutes the entire agreement
relating to this Agreement for a period of six(6)years between the Parties with respect to its subject matter
following the date of acceptance of final payment and supersedes all other representations,
under the Agreement. Upon reasonable prior written understandings or agreements that are not
notice, Nextel shall make records relating to the expressed herein, whether oral or written. Except as
Agreement available to Customer at Nextel's otherwise set forth herein, no amendment to this
business offices during normal business hours for Agreement shall be valid unless in writing and signed
inspection, examination or audit. Further, due to the by both Parties. Terms defined in the main body of
highly sensitive and proprietary nature of Nextel's this Agreement shall have the same meaning in the
records, any third party auditor acting on behalf of the Attachments and visa versa.
Customer shall be subject to prior approval by Nextel
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as
of the Effective Date.
City of Elgin: Nextel West Corp.,d/b/a Nextel
Communications
By: By:
Name: Name: H. Leon Frazier
Title: Title:Vice President
Date: Date:
•
12
Contract#N4004120804
•
•
•
Government Contract
Nextel and Customer that any party or person other and may be required at Nextel's sole discretion to
than Nextel and Customer receiving services or execute Nextel's standard Non-Disclosure
benefits under this Agreement shall be deemed to be Agreement prior to examining, inspecting, copying or
an incidental beneficiary only. auditing Nextel's records.
25. Examination of Records. Nextel shall maintain in 26. Entire Agreement. This Agreement (and any
accordance with applicable law and generally Attachments and other documents incorporated
accepted commercial standards all relevant records herein by reference)constitutes the entire agreement
relating to this Agreement for a period of six(6)years between the Parties with respect to its subject matter
following the date of acceptance of final payment and supersedes all other representations,
under the Agreement. Upon reasonable prior written understandings or agreements that are not
notice, Nextel shall make records relating to the expressed herein, whether oral or written. Except as
Agreement available to Customer at Nextel's otherwise set forth herein, no amendment to this
business offices during normal business hours for Agreement shall be valid unless in writing and signed
inspection, examination or audit. Further, due to the by both Parties. Terms defined in the main body of
highly sensitive and proprietary nature of Nextel's this Agreement shall have the same meaning in the
records, any third party auditor acting on behalf of the Attachments and visa versa.
Customer shall be subject to prior approval by Nextel
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as
of the Effective Date.
City of Elgin: Nextel West Corp., d/b/a Nextel
Communications
By: By:
•
Name: Name: H. Leon Frazier
Title: Title: Vice President
•
Date: Date:
12
eill‘ Contract#N4004120804
Government Contract
Nextel and Customer that any party or person other and may be required at Nextel's sole discretion to
than Nextel and Customer receiving services or execute Nextel's standard Non-Disclosure
benefits under this Agreement shall be deemed to be Agreement prior to examining, inspecting, copying or
an incidental beneficiary only. auditing Nextel's records.
25. Examination of Records. Nextel shall maintain in 26. Entire Agreement. This Agreement (and any
accordance with applicable law and generally Attachments and other documents incorporated
accepted commercial standards all relevant records herein by reference) constitutes the entire agreement
relating to this Agreement for a period of six(6)years between the Parties with respect to its subject matter
following the date of acceptance of final payment and supersedes all other representations,
under the Agreement. Upon reasonable prior written understandings or agreements that are not
notice, Nextel shall make records relating to the expressed herein, whether oral or written. Except as
Agreement available to Customer at Nextel's otherwise set forth herein, no amendment to this
business offices during normal business hours for Agreement shall be valid unless in writing and signed
inspection, examination or audit. Further, due to the by both Parties. Terms defined in the main body of
highly sensitive and proprietary nature of Nextel's this Agreement shall have the same meaning in the
records, any third party auditor acting on behalf of the Attachments and visa versa.
Customer shall be subject to prior approval by Nextel
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as
of the Effective Date.
City of Elgin: Nextel West Corp.,d/b/a Nextel
Communications
I
By: By:
Name: Name: H. Leon Frazier
Title: Title: Vice President
Date: Date:
12
Contract#N4004120804 4111)
Amendment To Agreement #N4004120804
Between The City Of Elgin And Nextel West Corp.
The Agreement #N4004120804(the"Agreement")by and between the City Of Elgin
(Customer) and Nextel West Corporation(Nextel), is hereby amended. This amendment
shall take precedence over any inconsistency between it and the Agreement.
The Agreement is amended as follows:
First paragraph, amend"City of Elgin, located at"to"the City Of Elgin, Illinois, a
municipal corporation, located at."
Section 4(c), amend "which may occur before Customer receives the Equipment" to
"which shall not occur however,before Customer receives the Equipment".
Section 4(e), the second and third sentences are deleted in their entirety.
Section 4(e),the fifth("If Nextel obtains..."), seventh("Nextel may,but is not...") and
eight("Before Service may...") are deleted.
Section 4(f), amend "Nextel shall resolve all disputed charges in its sole discretion" to
"Nextel shall resolve all disputed charges in its reasonable sole discretion, and in
accordance with the terms and provisions of this agreement, including,but not limited to
all applicable rate plans". Also,the remainder of Section 4(f)is deleted after"Nextel will
notify Customer," and replaced with "at which time Customer may elect to resolve the
dispute by bringing suit in the Circuit Court of Kane County, Illinois. In the event of
Customer's bringing of such suit,Nextel shall submit to the jurisdiction of the
aforementioned Circuit Court, and shall not terminate Customer's service pursuant to this
agreement pending the outcome of such litigation."
IN WITNESS WHEREOF, this Amendment has been signed by authorized
representatives of Nextel and the City Of Elgin.
NEXTEL CUSTOMER
By: By:
Name: Name:
Title: Title:
Date: Date:
Amendment To Agreement #N4004120804
Between The City Of Elgin And Nextel West Corp.
The Agreement #N4004120804(the"Agreement")by and between the City Of Elgin
(Customer) and Nextel West Corporation(Nextel), is hereby amended. This amendment
shall take precedence over any inconsistency between it and the Agreement.
The Agreement is amended as follows:
First paragraph, amend"City of Elgin, located at"to"the City Of Elgin,Illinois, a
municipal corporation, located at."
Section 4(c), amend "which may occur before Customer receives the Equipment" to
"which shall not occur however,before Customer receives the Equipment".
Section 4(e), the second and third sentences are deleted in their entirety.
Section 4(e),the fifth("If Nextel obtains..."), seventh("Nextel may, but is not...") and
eight("Before Service may...") are deleted.
Section 4(f), amend "Nextel shall resolve all disputed charges in its sole discretion"to
"Nextel shall resolve all disputed charges in its reasonable sole discretion, and in
accordance with the terms and provisions of this agreement, including,but not limited to
all applicable rate plans". Also,the remainder of Section 4(f) is deleted after"Nextel will
notify Customer," and replaced with "at which time Customer may elect to resolve the
dispute by bringing suit in the Circuit Court of Kane County, Illinois. In the event of
Customer's bringing of such suit,Nextel shall submit to the jurisdiction of the
aforementioned Circuit Court,and shall not terminate Customer's service pursuant to this
agreement pending the outcome of such litigation."
IN WITNESS WHEREOF, this Amendment has been signed by authorized
representatives of Nextel and the City Of Elgin.
NEXTEL CUSTOMER
By: By:
Name: Name:
Title: Title:
Date: Date:
•
Amendment To Agreement #N4004120804
Between The City Of Elgin And Nextel West Corp. •
The Agreement #N4004120804(the "Agreement")by and between the City Of Elgin
(Customer) and Nextel West Corporation(Nextel), is hereby amended. This amendment
shall take precedence over any inconsistency between it and the Agreement.
The Agreement is amended as follows:
First paragraph, amend"City of Elgin, located at"to"the City Of Elgin, Illinois, a
municipal corporation,located at."
Section 4(c), amend "which may occur before Customer receives the Equipment" to
"which shall not occur however,before Customer receives the Equipment".
Section 4(e),the second and third sentences are deleted in their entirety.
Section 4(e), the fifth("If Nextel obtains..."), seventh("Nextel may,but is not...") and
eight("Before Service may...") are deleted.
Section 4(f), amend"Nextel shall resolve all disputed charges in its sole discretion" to
"Nextel shall resolve all disputed charges in its reasonable sole discretion, and in
accordance with the terms and provisions of this agreement, including,but not limited to
all applicable rate plans". Also, the remainder of Section 4(f) is deleted after"Nextel will
notify Customer,"and replaced with"at which time Customer may elect to resolve the
dispute by bringing suit in the Circuit Court of Kane County,Illinois. In the event of
Customer's bringing of such suit,Nextel shall submit to the jurisdiction of the
aforementioned Circuit Court, and shall not terminate Customer's service pursuant to this
agreement pending the outcome of such litigation."
IN WITNESS WHEREOF, this Amendment has been signed by authorized
representatives of Nextel and the City Of Elgin.
NEXTEL CUSTOMER
By: By:
Name: Name:
Title: Title:
Date: Date:
r
•
Amendment To Agreement #N4004120804
Between The City Of Elgin And Nextel West Corp.
The Agreement #N4004120804(the"Agreement")by and between the City Of Elgin
(Customer) and Nextel West Corporation(Nextel), is hereby amended. This amendment
shall take precedence over any inconsistency between it and the Agreement.
The Agreement is amended as follows:
First paragraph, amend"City of Elgin, located at"to"the City Of Elgin, Illinois, a
municipal corporation,located at."
Section 4(c), amend "which may occur before Customer receives the Equipment" to
"which shall not occur however,before Customer receives the Equipment".
Section 4(e), the second and third sentences are deleted in their entirety.
Section 4(e),the fifth("If Nextel obtains..."), seventh("Nextel may,but is not...") and
eight("Before Service may...") are deleted.
Section 4(f), amend "Nextel shall resolve all disputed charges in its sole discretion" to
"Nextel shall resolve all disputed charges in its reasonable sole discretion, and in
accordance with the terms and provisions of this agreement, including,but not limited to
all applicable rate plans". Also,the remainder of Section 4(f)is deleted after"Nextel will
notify Customer,"and replaced with "at which time Customer may elect to resolve the
dispute by bringing suit in the Circuit Court of Kane County, Illinois. In the event of
Customer's bringing of such suit,Nextel shall submit to the jurisdiction of the
aforementioned Circuit Court, and shall not terminate Customer's service pursuant to this
agreement pending the outcome of such litigation."
IN WITNESS WHEREOF, this Amendment has been signed by authorized
representatives of Nextel and the City Of Elgin.
NEXTEL CUSTOMER
By: By:
Name: Name:
Title: Title:
Date: Date:
•
ATTACHMENT A
• City of Elgin
BAN Units Phone PIN Rate Plan Monthly Annual
Style Rate Total
193220514 1 I58SR 2246297007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8472766125 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766675 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766828 Nextel Natl 1000 54.99 $659.88
193220514 1 190C 8473430043 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8473430065 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8473433911 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8473434835 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8473437662 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8473437670 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8473440522 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440847 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440977 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8473446993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8473447599 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8473542683 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473543385 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543386 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543387 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543388 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543392 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543393 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543394 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543396 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543573 Nextel Natl 1000 54.99 $659.88
193220514 1 1530BR 8473543916 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473545000 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545001 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545002 National Shared Minute 500 55.99 $671.88
193220514 1 185S 8473669343 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8473669453 National Shared Minute 100 39.99 $479.88
r 193220514 1 1530 8473669930 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474170276 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474170509 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170556 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170578 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170657 National Shared Minute 500 55.99 $671.88
193220514 1 1305R 8474170827 Government Local Shared 400 39.99 $479.88
193220514 1 I95CL 8474174160 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474174180 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8474175012 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474175930 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8474175972 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474175973 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474175982 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474175987 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474176044 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474176049 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474176054 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8474177040 National Shared Minute 500 . 55.99 $671.88
193220514 1 1730 8474177114 National Shared Minute 500 55.99 $671.88
193220514 1 I58SR 8474560949 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8474562073 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8474562557 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLUS 8475140791 Government Local Shared 400 39.99 $479.88
193220514 1 1700PLUS 8475140792 Government Local Shared 400 39.99 $479.88
193220514 1 1205 8475146051 National Shared Minute 500 55.99 $671.88
193220514 1 1530 8475146073 National Shared Minute 500 55.99 $671.88
193220514 1 160C 8475612882 Government Local Shared 600 49.99 $599.88
193220514 1 1530YELL 8475612884 Government Local Shared 100 24.99 $299.88
rib' 193220514 1 1530 8475612886 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476270282 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521763 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8476521765 Government Local.Shared 400 39.99 $479.88
ATTACHMENT A
City of Elgin .
BAN Units Phone PTN Rate Plan Monthly Annual
Style Rate Total
193220514 1 I58SR 2246297007 Government Local Shared 400 39.99 $479.88
4111)
193220514 1 1530 8472766125 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766675 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766828 Nextel Natl 1000 54.99 $659.88
193220514 1 190C 8473430043 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8473430065 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8473433911 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8473434835 Government Local Shared 600 49.99 $599.88
193220514 1 Il000PLU 8473437662 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8473437670 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8473440522 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440847 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440977 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8473446993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8473447599 Government Local Shared 600 49.99 $599.88
193220514 1 I530BR 8473542683 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473543385 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543386 Nextel Nail 1000 54.99 $659.88
193220514 1 1530 8473543387 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543388 Nextel Nall 1000 54.99 $659.88
193220514 1 1530 8473543392 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543393 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543394 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543396 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543573 Nextel Nail 1000 54.99 $659.88
193220514 1 1530BR 8473543916 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473545000 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545001 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545002 National Shared Minute 500 55.99 $671.88
193220514 1 I85S 8473669343 Government Local Shared 400 39.99 $479.88
193220514 1 Il000PLU 8473669453 National Shared Minute 100 39.99 $479.88
411)
193220514 1 1530 8473669930 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474170276 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474170509 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170556 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170578 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170657 National Shared Minute 500 55.99 $671.88
193220514 1 1305R 8474170827 Government Local Shared 400 39.99 $479.88
193220514 1 I95CL 8474174160 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474174180 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8474175012 Government Local Shared 600 49.99 $599.88
193220514, 1 I95CL 8474175930 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8474175972 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474175973 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474175982 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474175987 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474176044 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474176049 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474176054 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8474177040 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474177114 National Shared Minute 500 55.99 $671.88
193220514 1 I58SR 8474560949 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8474562073 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8474562557 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLUS 8475140791 Government Local Shared 400 39.99 $479.88
193220514 1 I700PLUE 8475140792 Government Local Shared 400 39.99 $479.88
193220514 1 1205 8475146051 National Shared Minute 500 55.99 $671.88
193220514 1 1530 8475146073 National Shared Minute 500 55.99 $671.88
193220514 1 160C 8475612882 Government Local Shared 600 49.99 $599.88
193220514 1 I530YELL 8475612884 Government Local Shared 100 24.99 $299.88Al)
193220514 1 1530 8475612886 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476270282 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521763 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8476521765 Government Local Shared 400 39.99 $479.88
ATTACHMENT A
City of Elgin
•
BAN Units Phone PTN Rate Plan Monthly Annual
Style Rate Total
193220514 1 I58SR 2246297007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8472766125 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766675 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766828 Nextel Natl 1000 54.99 $659.88
193220514 1 190C 8473430043 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8473430065 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8473433911 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8473434835 Government Local Shared 600 49.99 $599.88
193220514 1 II000PLU 8473437662 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8473437670 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8473440522 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440847 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440977 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8473446993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8473447599 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8473542683 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473543385 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543386 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543387 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543388 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543392 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543393 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543394 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543396 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543573 Nextel Natl 1000 54.99 $659.88
193220514 1 1530BR 8473543916 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473545000 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545001 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545002 National Shared Minute 500 55.99 $671.88
193220514 1 I85S 8473669343 Government Local Shared 400 39.99 $479.88
193220514 1 I1000PLU 8473669453 National Shared Minute 100 39.99 $479.88
r 193220514 1 1530 8473669930 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474170276 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474170509 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170556 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170578 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170657 National Shared Minute 500 55.99 $671.88
193220514 1 1305R 8474170827 Government Local Shared 400 39.99 $479.88
193220514 1 I95CL 8474174160 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474174180 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8474175012 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474175930 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8474175972 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474175973 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474175982 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474175987 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474176044 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474176049 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474176054 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8474177040 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474177114 National Shared Minute 500 55.99 $671.88
193220514 1 I58SR 8474560949 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8474562073 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8474562557 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLU5 8475140791 Government Local Shared 400 39.99 $479.88
193220514 1 I700PLU8 8475140792 Government Local Shared 400 39.99 $479.88
193220514 1 1205 8475146051 National Shared Minute 500 55.99 $671.88
193220514 1 1530 8475146073 National Shared Minute 500 55.99 $671.88
193220514 1 160C 8475612882 Government Local Shared 600 49.99 $599.88
193220514 1 1530YELL 8475612884 Government Local Shared 100 24.99 $299.88
193220514 1 1530 8475612886 Government Local Shared 600 49.99 $599.88
rilk 193220514 1 1530 8476270282 Government Local Shared 600 49.99 $599:88
193220514 1 190C 8476521763 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8476521765 Government Local Shared 400 39.99 $479.88
ATTACHMENT A
City of Elgin .
BAN Units Phone PTN Rate Plan Monthly Annual
Style Rate Total
193220514 1 I58SR 2246297007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8472766125 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766675 Local Instant Connect UDC 35.99 $431.88
193220514 1 1530 8472766828 Nextel Natl 1000 54.99 $659.88
193220514 1 190C 8473430043 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8473430065 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8473433911 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8473434835 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8473437662 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8473437670 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8473440522 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440847 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8473440977 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8473446993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8473447599 Government Local Shared 600 49.99 $599.88
193220514 1 I530BR 8473542683 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473543385 Nextel Nati 1000 54.99 $659.88
193220514 1 1530 8473543386 Nextel Nall 1000 54.99 $659.88
193220514 1 1530 8473543387 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543388 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543392 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543393 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543394 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543396 Nextel Natl 1000 54.99 $659.88
193220514 1 1530 8473543573 Nextel Natl 1000 54.99 $659.88
193220514 1 1530BR 8473543916 NEXTEL NATIONAL 1000 55.99 $671.88
193220514 1 1730 8473545000 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545001 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8473545002 National Shared Minute 500 55.99 $671.88
193220514 1 I85S 8473669343 Government Local Shared 400 39.99 $479.88
193220514 1 I1000PLU 8473669453 National Shared Minute 100 39.99 $479.88
193220514 1 1530 8473669930 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474170276 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474170509 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170556 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170578 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474170657 National Shared Minute 500 55.99 $671.88
193220514 1 1305R 8474170827 Government Local Shared 400 39.99 $479.88
193220514 1 I95CL 8474174160 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474174180 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8474175012 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474175930 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8474175972 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474175973 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8474175982 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474175987 Government Local Shared 600 49.99 $599.88
193220514 1 I95CL 8474176044 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8474176049 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8474176054 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8474177040 National Shared Minute 500 55.99 $671.88
193220514 1 1730 8474177114 National Shared Minute 500 55.99 $671.88
193220514 1 I58SR 8474560949 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8474562073 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8474562557 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUE 8475140791 Government Local Shared 400 39.99 $479.88
193220514 1 I700PLU5 8475140792 Government Local Shared 400 39.99 $479.88
193220514 1 1205 8475146051 National Shared Minute 500 55.99 $671.88
193220514 1 1530 8475146073 National Shared Minute 500 55.99 $671.88
193220514 1 160C 8475612882 Government Local Shared 600 49.99 $599.88
193220514 1 I530YELL 8475612884 Government Local Shared 100 24.99 $299.88
193220514 1 1530 8475612886 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476270282 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521763 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8476521765 Government Local Shared 400 39.99 $479.88
• ATTACHMENT A
City of Elgin
' BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8476521767 Government Local Shared 600 49.99 $599.88
193220514 1 1530 _8476521769 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521771 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521773 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521775 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521777 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1700PLU8 8476521779 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLU5 8476521781 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I700PLU9 8476521783 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521785 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521787 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521789 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521791 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521793 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521795 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521797 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521799 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521801 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521803 National Shared Minute 500 55.99 $671.88
193220514 1 1530BR 8476521805 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8476521807 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521809 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521811 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521813 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521815 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521817 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521819 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521821 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476521823 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521825 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521829 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521831 Government Local Shared 400 39.99 $479.88
r 193220514 1 11000+BN 8476521833 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521835 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521837 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521839 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521841 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521843 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521845 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521847 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 160C 8476521849 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521851 National Shared Minute 700 69.99 $839.88
193220514 1 I530BR 8476521853 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8476521855 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521857 Government Local Shared 400 39.99 $479.88
193220514 1 1530BR 8476521954 Government Local Shared 600 49.99 $599.88
193220514 1 1205 8476522327 National Shared Minute 100 39.99 $479.88
193220514 1 1530 8476522491 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476522746 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741466 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741467 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8477741468 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741471 Government Local Shared 600 49.99 $599.88
193220514 1 188S 8477741472 Government Local Shared 100 24.99 $299.88
193220514 1 I58SR 8477741479 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741482 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741484 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741486 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478120615 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478120993 Government Local Shared 400 ' 39.99 $479.88
193220514 1 1730 8478125148 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478125149 Nextel National Shared Minutes.200 49.99 $599.88
r 193220514 1 1730 8478125292 National Shared Minute 500 55.99 $671.88
193220514 1 1700PLUS 8478125436 Government Local Shared 400 39.99 $479.88
193220514 1 I58SRY 8478125543 Government Local Shared 600 49.99 $599.88
193220514 1 I55SRY 8478125568 Government Local Shared 600 49.99 $599.88
ATTACHMENT A
City of Elgin .
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8476521767 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521769 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521771 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521773 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521775 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521777 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I700PLUS 8476521779 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLUS 8476521781 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1700PLUS 8476521783 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521785 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521787 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521789 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521791 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521793 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521795 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521797 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521799 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521801 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521803 National Shared Minute 500 55.99 $671.88
193220514 1 1530BR 8476521805 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8476521807 Nextel National Shared Minutes 200 49.99 $599.88 _
193220514 1 1530 8476521809 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521811 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521813 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521815 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521817 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521819 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521821 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476521823 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521825 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521829 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521831 Government Local Shared 400 39.99 $479.884111)
193220514 1 11000+BN 8476521833 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521835 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521837 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521839 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521841 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521843 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521845 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521847 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 160C 8476521849 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521851 National Shared Minute 700 69.99 $839.88
193220514 1 1530BR 8476521853 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8476521855 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521857 Government Local Shared 400 39.99 $479.88
193220514 1 1530BR 8476521954 Government Local Shared 600 49.99 $599.88
193220514 1 1205 8476522327 National Shared Minute 100 39.99 $479.88
193220514 1 1530 8476522491 National Shared Minute 500 55.99 $671.88
193220514 1 I1000+BN 8476522746 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741466 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741467 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8477741468 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741471 Government Local Shared 600 49.99 $599.88
193220514 1 188S 8477741472 Government Local Shared 100. 24.99 $299.88
193220514 1 I58SR 8477741479 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741482 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741484 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741486 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478120615 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478120993 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478125148 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478125149 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478125292 National Shared Minute 500 55.99 $671.88 il")
193220514 1 1700PLUS 8478125436 Government Local Shared 400 39.99 $479.88
193220514 1 I58SRY 8478125543 Government Local Shared 600 49.99 $599.88
193220514 1 I55SRY 8478125568 Government Local Shared 600 49.99 $599.88
• ATTACHMENT A
„ City of Elgin
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8476521767 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521769 Nextel National Shared Minutes 200 49.99 $599.88
r 193220514 1 1730 8476521771 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521773 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521775 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521777 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1700PLUE 8476521779 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLUE 8476521781 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1700PLUE 8476521783 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521785 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521787 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521789 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521791 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521793 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521795 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521797 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521799 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521801 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521803 National Shared Minute 500 55.99 $671.88
193220514 1 1530BR 8476521805 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8476521807 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521809 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521811 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521813 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521815 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521817 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521819 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521821 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476521823 Government Local Shared 600 49.99 $599.88
193220514 1,1730 8476521825 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521829 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521831 Government Local Shared 400 39.99 $479.88
(1111.4 193220514 1 11000+BN 8476521833 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521835 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521837 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521839 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521841 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521843 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521845 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521847 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 160C 8476521849 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521851 National Shared Minute 700 69.99 $839.88
193220514 1 1530BR 8476521853 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8476521855 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11 000+BN 8476521857 Government Local Shared 400 39.99 $479.88
193220514 1 1530BR 8476521954 Government Local Shared 600 49.99 $599.88
193220514 1 1205 8476522327 National Shared Minute 100 39.99 $479.88
193220514 1 1530 8476522491 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476522746 Government Local Shared 600 49.99 , $599.88
193220514 1 I58SR 8477741466 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741467 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8477741468 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741471 Government Local Shared 600 49.99 $599.88
193220514 1 188S 8477741472 Government Local Shared 100 24.99 $299.88
193220514 1 I58SR 8477741479 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741482 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741484 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741486 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478120615 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478120993 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478125148 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478125149 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478125292 National Shared Minute 500 55.99 $671.88
193220514 1 1700PLU5 8478125436 Government Local Shared 400 39.99 $479.88
193220514 1 I58SRY 8478125543 Government Local Shared 600 49.99 $599.88
193220514 1 I55SRY 8478125568 Government Local Shared 600 49.99 $599.88
•
ATTACHMENT A
City of Elgin .
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8476521767 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521769 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521771 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521773 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521775 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521777 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I700PLU$ 8476521779 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLU5 8476521781 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I700PLU5 8476521783 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8476521785 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521787 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521789 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521791 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521793 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521795 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8476521797 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521799 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8476521801 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521803 National Shared Minute 500 55.99 $671.88
193220514 1 1530BR 8476521805 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8476521807 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521809 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521811 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521813 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521815 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521817 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521819 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521821 National Shared Minute 500 55.99 $671.88
193220514 1 11000+BN 8476521823 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521825 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8476521829 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521831 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521833 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8476521835 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521837 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8476521839 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521841 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8476521843 Government Local Shared 400 39.99 $479.88
193220514 1 11000+BN 8476521845 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8476521847 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 160C 8476521849 National Shared Minute 700 69.99 $839.88
193220514 1 1730 8476521851 National Shared Minute 700 69.99 $839.88
193220514 1 1530BR 8476521853 Government Local Shared 600 49.99 $599.88
193220514 1 11000+BN 8476521855 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 11000+BN 8476521857 Government Local Shared 400 39.99 $479.88
193220514 1 1530BR 8476521954 Government Local Shared 600 49.99 $599.88
193220514 1 1205 8476522327 National Shared Minute 100 39.99 $479.88
193220514 1 1530 8476522491 National Shared Minute 500 55.99 $671.88
193220514 1 11000+13N 8476522746 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741466 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741467 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 I58SR 8477741468 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741471 Government Local Shared 600 49.99 $599.88
193220514 1 I88S 8477741472 Government Local Shared 100 24.99 $299.88
193220514 1 I58SR 8477741479 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741482 Government Local Shared 600 49.99 $599.88
193220514 1 I58SR 8477741484 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8477741486 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478120615 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478120993 Government Local Shared 400 39.99 $479.88
193220514 1 1730 8478125148 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8478125149 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478125292 National Shared Minute 500 55.99 $671.88
193220514 1 1700PLUE 8478125436 Government Local Shared 400 39.99 $479.88
193220514 1 I58SRY 8478125543 Government Local Shared 600 49.99 $599.88
193220514 1 I55SRY 8478125568 Government Local Shared 600 49.99 $599.88
ATTACHMENT A
+ City of Elgin
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8478125581 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8478125666 Government Local Shared 400 39.99 $479.88
rik 193220514 1 1700PLU6 8478126007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478126018 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8478126084 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478126090 Government Local Shared 100 24.99 $299.88
193220514 1 I700PLU° 8478126884 Government Local Shared 100 24.99 $299.88
193220514 1 I58SRY 8478126987 Government Local Shared 400 39.99 $479.88
193220514 1 I55SRY 8478126989 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8478126993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127213 Government Local Shared 600 49.99 $599.88
193220514 1 I55SR 8478127217 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478127425 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8478127426 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478127427 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478127428 Government Local Shared 400 39.99 $479.88
193220514 1 11000 8478127429 Government Local Shared 400 39.99 $479.88
193220514 1 I85S 8478127430 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8478127431 Government Local Shared 100 24.99 $299.88
193220514 1 190C 8478127432 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8478127546 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUE 8478127684 Govemment Local Shared 400 39.99 $479.88
193220514 1 190C 8478127701 Government Local Shared 400 39.99 $479.88
193220514 1 130SX 8478127707 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127727 Government Local Shared 600 49.99 $599.88
193220514 1 I30SX 8478127769 Government Local Shared 400 39.99 $479.88
193220514 1 1700PLUE. 8478127887 Government Local Shared 600 49.99 $599.88
193220514 1 1550PLUS 8478330327 Government Local Shared 600 49.99 $599.88
193220514 1 1730R 8478337433 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8478750220 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478750460 Government Local Shared 400 39.99 $479.88
r 193220514 1 190C 8478750461 Government Local Shared 400 39.99 $479.88
193220514 1 I I000PLU 8478750857 Government Local Shared 400 39.99 $479.88
193220514 1 I1000PLU 8478751324 Government Local Shared 400 39.99 $479.88
193220514 1 I1000PLU 8478751327 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478752895 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8478754389 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478754789 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787027 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787656 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8479096307 Government Local Shared 600 49.99 $599.88 •
193220514 1 1730 8479800198 National Shared Minute 700 69.99 $839.88
193220514 1 i530 8479802280 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLU°8479802310 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8479802529 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8479802543 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8479803164 Government Local Shared 600 49.99 $599.88
177 $8,387.23 $100,646.76
18%off Rate Plan
39%off NPP Equipment
20%off MSRP Accessories
•r
ATTACHMENT A
City of Elgin ,
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8478125581 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8478125666 Government Local Shared 400 39.99 $479.88 .4111)
193220514 1 I700PLUE 8478126007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478126018 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8478126084 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478126090 Government Local Shared 100 24.99 $299.88
193220514 1 1700PLUE 8478126884 Government Local Shared 100 24.99 $299.88
193220514 1 I58SRY 8478126987 Government Local Shared 400 39.99 $479.88
193220514 1 I55SRY 8478126989 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8478126993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127213 Government Local Shared 600 49.99 $599.88
193220514 1 155SR 8478127217 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478127425 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8478127426 Government Local Shared 600 49.99 $599.88
193220514 1 II000PLU 8478127427 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478127428 Government Local Shared 400 39.99 $479.88
193220514 1 11000 8478127429 Government Local Shared 400 39.99 $479.88
193220514 1 I85S 8478127430 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8478127431 Government Local Shared 100 24.99 $299.88
193220514 1 190C 8478127432 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478127546 Government Local Shared 600 49.99 $599.88
193220514 1 1700PLU8 8478127684 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8478127701 Government Local Shared 400 39.99 $479.88
193220514 1 I30SX 8478127707 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127727 Government Local Shared 600 49.99 $599.88
193220514 1 I30SX 8478127769 Government Local Shared 400 39.99 $479.88
193220514 1 1700PLU 8478127887 Government Local Shared 600 49.99 $599.88
193220514 1 1550PLUE 8478330327 Government Local Shared 600 49.99 $599.88
193220514 1 1730R 8478337433 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478750220 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478750460 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8478750461 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8478750857 Government Local Shared 400 39.99 $479.88
193220514 1 II000PLU 8478751324 Government Local Shared 400 39.99 $479.88
193220514 1 II000PLU 8478751327 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478752895 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8478754389 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478754789 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787027 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787656 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8479096307 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8479800198 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8479802280 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUE 8479802310 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8479802529 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8479802543 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8479803164 Government Local Shared 600 49.99 $599.88
177 $8,387.23 $100,646.76
18%off Rate Plan
39%off NPP Equipment
20%off MSRP Accessories
ATTACHMENT A
• 4. City of Elgin
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8478125581 Government Local Shared 600 49.99 $599.88
rk 193220514 1 1730 8478125666 Government Local Shared 400 39.99 $479.88
193220514 1 I700PLUS 8478126007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478126018 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8478126084 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478126090 Government Local Shared 100 24.99 $299.88
193220514 1 1700PLUE 8478126884 Government Local Shared 100 24.99 $299.88
193220514 1 I58SRY 8478126987 Government Local Shared 400 39.99 $479.88
193220514 1 I55SRY 8478126989 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8478126993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127213 Government Local Shared 600 49.99 $599.88
193220514 1 I55SR 8478127217 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478127425 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8478127426 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478127427 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478127428 Government Local Shared 400 39.99 $479.88
193220514 1 11000 8478127429 Government Local Shared 400 39.99 $479.88
193220514 1 I85S 8478127430 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8478127431 Government Local Shared 100 24.99 $299.88
193220514 1 190C 8478127432 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478127546 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUE 8478127684 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8478127701 Government Local Shared 400 39.99 $479.88
193220514 1 I30SX 8478127707 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127727 Government Local Shared 600 49.99 $599.88
193220514 1 130SX 8478127769 Government Local Shared 400 39.99 $479.88
193220514 1 I700PLUE 8478127887 Government Local Shared 600 49.99 $599.88
193220514 1 I550PLUE 8478330327 Government Local Shared 600 49.99 $599.88
193220514 1 1730R 8478337433 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478750220 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478750460 Government Local Shared 400 39.99 $479.88
(ilk 193220514 1 190C 8478750461 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8478750857 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8478751324 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8478751327 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478752895 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8478754389 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478754789 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787027 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787656 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8479096307 Government Local Shared 600 49.99 $599.88
193220514 1 1730 _8479800198 National Shared Minute 700 69.99 $839.88 •
193220514 1 i530 8479802280 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUE 8479802310 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8479802529 Government Local Shared 600 49.99 $599.88
193220514 1 i530 8479802543 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8479803164 Government Local Shared 600 49.99 $599.88
177 $8,387.23 $100,646.76
18%off Rate Plan
39%off NPP Equipment
20%off MSRP Accessories
•
ATTACHMENT A
` i
City of Elgin ,
BAN Units Phone PTN Rate Plan Monthly Annual
193220514 1 190C 8478125581 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8478125666 Government Local Shared 400 39.99 $479.88AI
193220514 1 I700PLUS 8478126007 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478126018 Government Local Shared 600 49.99 $599.88
193220514 1 190C 8478126084 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478126090 Government Local,Shared 100 24.99 $299.88
193220514 1 1700PLUS 8478126884 Government Local Shared 100 24.99 $299.88
193220514 1 I58SRY 8478126987 Government Local Shared 400 39.99 $479.88
193220514 1 I55SRY 8478126989 Government Local Shared 600 49.99 $599.88
193220514 1 1530BR 8478126993 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127213 Government Local Shared 600 49.99 $599.88
193220514 - 1 I55SR 8478127217 Government Local Shared 600 49.99 $599.88
193220514 1 1305R 8478127425 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 190C 8478127426 Government Local Shared 600 49.99 $599.88
193220514 1 11000PLU 8478127427 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478127428 Government Local Shared 400 39.99 $479.88
193220514 1 11000 8478127429 Government Local Shared 400 39.99 $479.88
193220514 1 I85S 8478127430 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1530 8478127431 Government Local Shared 100 24.99 $299.88
193220514 1 190C 8478127432 Government Local Shared 600 49.99 $599.88
193220514 1 II000PLU 8478127546 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUS 8478127684 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8478127701 Government Local Shared 400 39.99 $479.88
193220514 1 130SX 8478127707 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478127727 Government Local Shared 600 49.99 $599.88
193220514 1 I30SX 8478127769 Government Local Shared 400 39.99 $479.88
193220514 1 1700PLUS 8478127887 Government Local Shared 600 49.99 $599.88
193220514 1 1550PLUS 8478330327 Government Local Shared 600 49.99 $599.88
193220514 1 1730R 8478337433 Government Local Shared 600 49.99 $599.88
193220514 1 I1000PLU 8478750220 Government Local Shared 400 39.99 $479.88
193220514 1 1730R 8478750460 Government Local Shared 400 39.99 $479.88
193220514 1 190C 8478750461 Government Local Shared 400 39.99 $479.88
193220514 1 11000PLU 8478750857 Government Local Shared 400 39.99 $479.88
193220514 1 II000PLU 8478751324 Government Local Shared 400 39.99 $479.88
193220514 1 I1000PLU 8478751327 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478752895 Government Local Shared 400 39.99 $479.88
193220514 1 I58SR 8478754389 Nextel National Shared Minutes 200 49.99 $599.88
193220514 1 1730 8478754789 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787027 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8478787656 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8479096307 Government Local Shared 600 49.99 $599.88
193220514 1 1730 8479800198 National Shared Minute 700 69.99 $839.88
193220514 1 1530 8479802280 Government Local Shared 600 49.99 $599.88
193220514 1 I700PLUS 8479802310 Government Local Shared 400 39.99 $479.88
193220514 1 1530 8479802529 Government Local Shared 600 49.99 $599.88
193220514 1 1530 8479802543 Government Local Shared 600 49.99 $599.88
193220514 1 II000PLU 8479803164 Government Local Shared 600 49.99 $599.88
177 $8,387.23 $100,646.76
18%off Rate Plan
39%off NPP Equipment
20%off MSRP Accessories
1