Nextel comm I760 - Manual (Page 187)

177
OR IN A REPRESENTATIVE CAPACITY.
CUSTOMER AND NEXTEL BOTH AGREE THAT
ANY ARBITRATION WILL BE CONDUCTED ON
AN INDIVIDUAL AND NOT ON A
CONSOLIDATED, CLASS-WIDE OR
REPRESENTATIVE BASIS AND THAT IF
ARBITRATION IS NOT CONDUCTED ON AN
INDIVIDUAL BASIS, THIS SECTION 16 SHALL
BE DEEMED NULL AND VOID. THE
ARBITRATOR MAY AWARD INJUNCTIVE
RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT PARTY’S INDIVIDUAL
CLAIM. IF FOR ANY REASON THE
ARBITRATION CLAUSE SET FORTH IN THIS
AGREEMENT IS DEEMED INAPPLICABLE OR
INVALID, OR TO THE EXTENT THE
ARBITRATION CLAUSE ALLOWS FOR
LITIGATION OF DISPUTES IN COURT,
CUSTOMER AND NEXTEL BOTH WAIVE, TO
THE FULLEST EXTENT ALLOWED BY LAW,
ANY RIGHT TO PURSUE OR PARTICIPATE AS
A PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIM ON A CLASS OR CONSOLIDATED BASIS
OR IN A REPRESENTATIVE CAPACITY.
17. MISCELLANEOUS - Assignment - Customer
may not assign all or any part of this Agreement
(including any of its rights and duties under the
Agreement) or sell or lease the Service to others
without Nextel’s prior written consent. Nextel may
assign all or any part of this Agreement to any
successor or any other entity capable of
performing Nextel’s obligations under this
Agreement without obtaining Customer’s consent
or providing notice to Customer. Nextel shall be
released from all liability upon assignment of this
Agreement. Customer shall continue to be bound
by the terms of this Agreement following
assignment.
Nextel Associates – Nextel’s subsidiaries, affiliates
and certain third party service providers (the
“Nextel Associates”) may provide wireless
communication services in support of Nextel from
time to time. All rights and protections afforded to
Nextel by this Agreement are also afforded to the
Nextel Associates.
Notice - Notice to Customer shall be considered
delivered if sent by U.S. Mail addressed to the
most current address on file for Customer
(effective three (3) days following deposit in U.S.
Mail) or by electronic means such as email or text
messaging (effective immediately upon
transmission). Written notice to Nextel must be
sufficient to identify Customer and the Service and
shall be considered delivered when directed to
Nextel Customer Care department and received by
Nextel. Oral and electronic notice to Nextel shall