Wireless Carrier Limitations Sample Clauses

Wireless Carrier Limitations. CardioNet acknowledges and agrees that: (i) the QUALCOMM Service shall be available for use only with Monitors or other equipment approved by QUALCOMM and Certified and only within the operating range of the Wireless Carrier network; and (ii) the QUALCOMM Service may be temporarily refused, interrupted, curtailed or otherwise limited because of Wireless Carrier network transmission limitations caused by any factor, including atmospheric, environmental or topographical conditions, Wireless Carrier facilities limitations or constraints, or Wireless Carrier facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the Wireless Carrier facilities. If CardioNet or Monitored Persons create situations that cause highly concentrated usage in limited areas on the Wireless Carrier network, such Monitored Persons may encounter temporary capacity constraint-related symptoms, such as excessive call blocking or call dropping. Subject to Section 8.2 below, in no event is QUALCOMM or the Wireless Carrier liable to CardioNet or such Monitored Persons with respect to any claim or damage related to or arising out of or in connection with: (i) any such temporary capacity constraint; (ii) any coverage gap; or (iii) any temporary QUALCOMM Service refusal, interruption, curtailment or other limitation because of transmission limitations caused by any factor, including atmospheric, environmental or topographical conditions, Wireless Carrier facilities limitations or constraints, or Wireless Carrier facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the Wireless Carrier facilities. In the event CardioNet anticipates highly concentrated usage by Monitored Persons in a particular area on the Wireless Carrier network, CardioNet shall notify QUALCOMM of such anticipated usage and request that QUALCOMM notify the Wireless Carrier for possible implementation by the Wireless Carrier of an appropriate action to alleviate the symptoms and provide minimal disruption to affected Monitored Persons regarding such usage. The Wireless Carrier may, in its sole discretion, implement an appropriate action to minimize disruption to such Monitored Persons.
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