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<br /> GUSA, or violate the terms, conditions, laws, rules or to function . In certain locations and at certain times
<br /> regulations governing the use of service, GUSA may of the day , You will experience difficulty establishing
<br /> reduce, suspend, or permanently terminate the a two-way call or maintaining a lengthy call . GUSA
<br /> Globalstar Service . Reduction or suspension may be expects the constellation as a whole to remain
<br /> made without notice. If GUSA terminates Your functional because two-way service will be available.
<br /> Globalstar Service, GUSA will notify You . You can use a Web-based tool provided by
<br /> Notwithstanding the requirement to give notice, Globalstar at httos://srt. Weconnect. com :2044losat/
<br /> GUSA may terminate Your Globaistar Service without to determine optimum times to place or receive calls,
<br /> notice If: Globalstar Is taking steps to mitigate the effects of
<br /> constellation aging , including launching spare
<br /> (i) GUSA has not received Your first payment by satellites in 2007 and upgrading ground
<br /> the due date on Your first bill ; infrastructure. Nevertheless, GUSA expects that the
<br /> ( ii ) GUSA determines that You are using the service gaps that currently affect voice and two-way
<br /> Globalstar Service in a manner which might data service will increase until the time that
<br /> adversely affect GUSA's service to others; Globalstar's second generation satellite constellation
<br /> goes into service. GUSA does not expect its one-way
<br /> (iii ) You or another Service Provider notifies "simplex" data service to be adversely affected by
<br /> GUSA that Your Globalstar Terminal has been aging of the first generation constellation ,
<br /> lost or stolen or has disappeared from Your
<br /> possession or control ; (b) You agree that GUSA does not warrant
<br /> that the Globalstar service will be provided
<br /> ( iv) a law enforcement agency notifies GUSA uninterrupted or error-free and that GUSA does
<br /> that probable cause exists to believe that You not warrant the availability, reliability or any
<br /> have used or will use the Globalstar Service in other aspect of the Globalstar Service. You
<br /> violation of or to violate the law, and requests subscribe for Globalstar service on an " as is,
<br /> action to protect the public's health , safety or where is" basis and agrees that GUSA's liability
<br /> welfare ; and Your sole recourse in respect of any failure
<br /> of GUSA to provide the Globalstar Service shall
<br /> (v) Your Terminal' serial number/mobile number be limited as provided In this Section 6 .
<br /> combination has been duplicated or is otherwise
<br /> associated or potentially associated with illegal (c) You agree that under no circumstances
<br /> or fraudulent use of service; shall any of GUSA, GUSA's members, officers,
<br /> directors, and the officers and directors of
<br /> (vi ) another Service Provider notifies GUSA that GUSA's members (collectively, the "GUSA
<br /> Your Globalstar Terminal was determined to be Parties") be liable for any deficiencies or
<br /> associated or potentially associated with illegal Interruptions In the Globalstar Service that
<br /> or fraudulent use of service or disconnected arise out of any of the conditions described in
<br /> from service for non- payment of, or owing Section 2, above, or in Section 6(a ), or for
<br /> unpaid, service charges; punitive, spacial, indirect, incidental, or
<br /> consequential damages in any amount
<br /> (vii) GUSA determines that Your application for whatsoever. In the event of any other failure of
<br /> the Globalstar Service included information that or deficiency in the Globalstar Service, Your
<br /> was fraudulent, false or materially incomplete; right to recover damages shall be limited to the
<br /> or lesser of the actual direct damages incurred by
<br /> You as a result of failure or deficiency of the
<br /> (vill) You use or attempt to use Globalstar Globalstar Service or the total amount paid
<br /> Service with equipment not authorized for use and/or owed by You to GUSA during the 12
<br /> on the Globalstar System , months preceding the latest occurrence giving
<br /> rise to Your damages.
<br /> ( c) If GUSA suspends Your Globalstar Service
<br /> for non "payment, GUSA may, at its sole option , (d) Except to the extent of the limited
<br /> reactivate the Globalstar Service upon payment by damages, if any, that You may recover
<br /> You in full of the past due amount, any penalties according to Section G(c), You release and
<br /> associated with the late payment, and upon payment discharge the GUSA Parties from all claims and
<br /> by You of a deposit based on Your payment history. causes of action for breach of contract, personal
<br /> injury, death, and/ or property damage, and
<br /> 6 . Warranty and Limitation of Liability, from all damages, costs, and expenses, that
<br /> arise directly or indirectly out of any failure or
<br /> ( a ) in addition to the conditions and limitations deficiency of the Globalstar Service.
<br /> stated in Section 2, You understand that the
<br /> Globalstar satellite constellation in service at the date (e) You agree not to bring any judicial or
<br /> of this Agreement is aging and that some of the non-judicial action, claim, or demand arising
<br /> satellites operate with reduced power or have ceased out of any failure or deficiency of the Globalstar
<br /> GUSA REV , DEC 2007 . 4 -
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