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Customer’s Deposit is insufficient and, upon notice
to Customer, require an increase in the Deposit to
the extent permitted by law. In this event,
Customer must either furnish the increased
Deposit to Nextel within a reasonable time of its
receipt of notice or terminate the Agreement during
this period without incurring any liability for early
termination. If Customer does not furnish Nextel
with the increased Deposit amount or terminate the
Agreement and pay to Nextel all amounts
Customer owes to Nextel in a timely manner,
Nextel may terminate the Agreement and
Customer shall be liable to Nextel for early
termination in accordance with Section 7 below.
Nextel will apply the Deposit against any amount
owed to Nextel at the end of the first billing cycle
following the date that is one year from when
Nextel received the deposit (“Application Date”),
or, if earlier, upon termination of the Agreement or
such other time as required by law. Nextel will
return the Deposit (or any remaining balance) to
Customer within ninety (90) days (or such shorter
period as may be required by law) after termination
of the Agreement. After the Application Date and
upon Customer’s request, Nextel will return to
Customer within thirty (30) days of such request
any balance remaining on the Deposit. Deposits
will be returned to Customer, in whole or in part, at
Customer’s last known address. If required by law,
Nextel will forward to appropriate state authorities
any remaining balance that the postal service is
unable to deliver to Customer.
2. AGREEMENT TERM - The term of this
Agreement for each Number has been provided to
the Customer and shall begin on the date
Customer accepts the Agreement in accordance
with Section 1 above, and, except as provided
elsewhere in this Agreement, shall end thirty (30)
days after either Nextel or Customer gives notice of
its intent to terminate. CUSTOMER MAY BE
REQUIRED TO COMMIT TO A FIXED ONE OR
TWO-YEAR MINIMUM TERM (“MINIMUM
TERM”), DEPENDING ON: (1) THE SERVICE
PLAN OR SERVICE FEATURES SELECTED; (2)
THE EQUIPMENT PURCHASE PRICE PAID BY
CUSTOMER; OR (3) CUSTOMER’S
PARTICIPATION IN A PROMOTION.
CUSTOMER MAY ALSO BE REQUIRED TO
COMMIT TO A NEW MINIMUM TERM IF
CUSTOMER CHANGES SERVICE PLANS OR
UPGRADES EQUIPMENT DURING ANY
EXISTING TERM OR MINIMUM TERM. IF
CUSTOMER IS SUBJECT TO A MINIMUM TERM,
CUSTOMER SHALL PURCHASE SERVICE FOR
THE FULL TERM AND, UNLESS OTHERWISE
PROVIDED IN THIS AGREEMENT, PAY
DAMAGES TO NEXTEL (AS DISCUSSED IN
SECTION 7 BELOW) IF THE AGREEMENT IS
