Common use of Subscriber Contracts Clause in Contracts

Subscriber Contracts. All Subscriber contracts for paging service -------------------- shall include the following provision, unless alternative language is approved by the Carrier in advance: By ordering or subscribing to paging services under this agreement, the subscriber acknowledges that paging messages may be lost or distorted for many reasons which may be difficult to determine or verify, including but not limited to weather conditions, intermittent equipment problems or equipment failures, subscriber negligence, electronic interference, etc. The subscriber also acknowledges that the damages which may result from a lost or distorted paging message are difficult to ascertain, and that the subscriber (rather than the carrier(s) providing the service) is in a better position to assure or otherwise protect itself against such damages. ACCORDINGLY, NO CARRIER OR OTHER PERSON PROVIDING, SELLING, ARRANGING OR RESELLING SERVICES ASSOCIATED WITH THIS AGREEMENT SHALL BE LIABLE FOR ANY CONSEQUENTIAL OR OTHER DAMAGES WHICH MAY RESULT FROM ANY LOST OR DISTORTED PAGING MESSAGE(S). ANY LIABILITY RELATING TO SUCH LOST OR DISTORTED MESSAGE(S) SHALL BE LIMITED TO A REFUND OF THE AMOUNT PAID BY THE SUBSCRIBER FOR SUCH PAGING SERVICE FOR THE AFFECTED PAGER FOR THE MONTH DURING WHICH THE CLAIM AROSE.