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B&B Electronics RT3G-320RAC-W - Quick Start Guide User Manual

Page 5

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Miscellaneous.

(xiii) Subscriber understands and acknowledges that Subscriber and RACO have entered

into this Agreement which shall govern the terms and conditions between Subscriber and

RACO, and that Subscriber is agreeing to additional terms and conditions with respect

to the Services accessible through various underlying service carriers per the Exhibits of

Additional Terms and Conditions attached hereto. This Agreement and all exhibits thereto

contain the entire agreement of the parties, supersede all prior agreements between the

parties concerning the subject matter hereof, and may not be amended in any manner

except by written agreement between the parties.

(xiv) This Agreement has several exhibits, including but not limited to this List of Applicable

Service Carrier(s), the Data Rate Plans Exhibit and the Additional Terms and Conditions

Exhibit(s) (the “Exhibits”) which contain material terms of this Agreement. All such terms are

incorporated herein by reference and to the extent the terms of the Exhibits shall control.

(xv) This Agreement and all aspects of the relationship between the parties shall be

governed by the laws of the State of Ohio, excluding its conflicts of law provisions. Both

parties consent to the exclusive jurisdiction of the state and federal courts of the State of

Ohio in respect of any action or proceeding arising out of or relating to this Agreement, and

agree that any such actions may only be brought in such courts located within Hamilton

County, Ohio.

(xvi) This Agreement may be executed in one or more counterparts, all of which, when taken

together, shall constitute one and the same instrument. This Agreement may be executed

by facsimile or digital signature, which shall for all purposes serve as an original counterpart

of the Agreement upon delivery of an executed copy.