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Sprint Nextel PC3200 User Manual

Page 96

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Choice of Law; Jurisdiction.

This Agreement is governed by and must be construed

under federal law and the laws of the State of Kansas, without regard to choice of

law principles.

General.

If either of us does not enforce any right or remedy available under this

Agreement, that failure is not a waiver of the right or remedy for any other breach

or failure by the other party. Our waiver of any requirement in any one instance is

not a general waiver of that requirement and does not amend this Agreement. This

Agreement is subject to any applicable federal and state law (collectively,

"Applicable Laws"). If any part of this Agreement is held invalid or unenforceable,

that part is interpreted consistent with Applicable Laws as nearly as possible to

reflect the original intentions of the parties and the rest of this Agreement remains

in full force and effect. Section headings are for descriptive purposes only and are

not used to interpret this Agreement. You may not assign this Agreement to any

other person or entity without our prior written approval. This Agreement

(including any referenced documents and attachments) makes up the entire

agreement between you and us and replaces all prior written or spoken

agreements, representations, promises or understandings between you and us.

The provisions of this Agreement that are contemplated to be enforceable after the

termination of this Agreement survive termination of this Agreement. If there is a

conflict, the Service Plan (including any Term Service Plan) controls over the

Terms.

Section 6B: Terms & Conditions 93