This Agreement does not supplement or replace any agreement previously signed by Customers with GUSA in connection with service plan terms of [two] years or longer. If you signed up for such a longer-term service plan, please refer to the service agreement and accompanying terms and conditions. PLEASE CONTACT YOUR DEALER OR GLOBALSTAR CUSTOMER CARE FOR LATEST TERMS AND CONDITIONS AS THIS DOCUMENT MAY HAVE BE UPDATED SINCE BEING POSTED HERE

Early-Disconnection Fee. If during the initial term the Customer’s agreement is (1) terminated by Customer for any reason, (2) terminated by GUSA for cause, or (3) Customer switches from a Qualified Service Plan to a Non-Qualified Service Plan, then Customer will be required to make a lump sum payment of $250.00 due at the time Globalstar Service is terminated. “Qualified Service Plans” are Service Plans that exist within a family of promotional plans as determined by GUSA.

Service Plan Changes. Customer may change to any qualifying plan with more included minutes at no charge and with no extension of the contract period. Customers changing to any qualifying plan with fewer included minutes will incur a $50 administrative fee and a one-year contract renewal from date of change.

Extension of Agreement Period. Unless sooner terminated in accordance with the terms of the Customer’s agreement, or unless extended by Customer to obtain new, additional or different benefits, the Customer’s agreement automatically extends thereafter on a month-to-month basis until Customer gives GUSA 30 days prior notice of termination.

Activation Fee. $50.00 activation fee applies.

General Services Administration. For government agencies who agree to the terms of the Globalstar/GSA BOA# GSO9KOOBHA only. No Early-Disconnection Fee, Service Plan Change fee or Activation Fee applies on any plan . An additional $2.00 GSA Administration fee will be charged and passed through to the General Services Administration by Globalstar USA.

GLOBALSTAR USA, L.L.C. SERVICE GENERAL TERMS AND CONDITIONS

This Agreement is entered into between Globalstar USA, L.L.C. ("GUSA") and Customer effective upon the first use by Customer of the Globalstar™ Service. By using the Globalstar Service Customer confirms that (s)he has read and accepted all of the terms and conditions set forth in this Agreement.

1. Globalstar Service. The Globalstar Service comprises the voice transmission and reception services provided to and/or from Customer through the low-earth orbit satellite-based telecommunications system known as the Globalstar System together with such further transmission and reception services (such as data, messaging, facsimile, paging and position location services) as GUSA may from time to time make available to Customer through the Globalstar System. The provision by GUSA to Customer of the Globalstar Service is subject to the terms and conditions set forth in this Agreement. The Globalstar Service will be provided to Customer upon the activation of Customer's account, in consideration for the payments provided for in the applicable GUSA pricing plan then in effect (the terms of which are incorporated by reference herein) as detailed in section 3 hereof. GUSA shall not be bound by any terms and conditions included in Customer's purchase order or elsewhere unless expressly acknowledged and agreed by GUSA in writing.
   
   
2. Conditions on Use of the Globalstar Service.
   
   (a) Customer Representations: The individual entering into this Agreement represents and warrants that either: (i) (s)he is entering into this Agreement as principal and is the Customer; or (ii) if (s)he is not the Customer, that (s)he has the express authority to enter into this Agreement on behalf of and to bind Customer to the terms hereof. In the event of a breach of this latter representation, the individual entering into this Agreement acknowledges and agrees that (s)he will be responsible for all obligations of Customer hereunder.
   
   (b) Credit Verification and Deposit: Customer authorizes GUSA to obtain credit information concerning Customer from trade references and credit reporting agencies, and such other sources as GUSA deems necessary or appropriate, in addition to credit information supplied by Customer. Based on such credit information, and other factors GUSA deems relevant to Customer's creditworthiness, including, without limitation, Customer's payment history and/or usage patterns, GUSA may require Customer to make a deposit as a payment guarantee. Such deposit shall be subject to increase or reduction as GUSA deems necessary in its sole discretion. Such deposit shall not accrue interest unless required by law. GUSA will refund Customer's deposit upon termination of the Globalstar Service or, after 12 months from the date the deposit was made if (a) Customer requests a refund, and (b) GUSA in its sole discretion has determined Customer to be creditworthy. If GUSA refunds the deposit to Customer, the refund will be sent to Customer by United States first class mail to Customer's last address according to GUSA's records. GUSA may, in its sole discretion, provide the Globalstar Service to Customer prior to a credit review without GUSA waiving its right to demand a deposit from Customer, and the Globalstar service may be discontinued by GUSA should Customer not satisfy GUSA's requirements for a deposit.
   
   (c) Home Territory: For purposes of providing the Globalstar Service contemplated in this Agreement, Customer's Home Territory means the 48 contiguous States of the United States of America and Bermuda.
   
   (d) Transmission and Capacity Limitations: Customer understands and acknowledges the Globalstar Service is provided subject to the availability of capacity on the Globalstar System which is limited due to the space technology involved and scarcity of assigned radio spectrum. The Globalstar Service may become unavailable or limited because of capacity limitations or emergency pre-emption by governmental authorities who have jurisdiction over the Globalstar System, and may be interrupted or curtailed due to modifications, upgrades, repairs, and similar activities of GUSA, Globalstar, L.P., or other Globalstar System providers. Globalstar, L.P. has reserved the right to allocate satellite capacity among all users of the Globalstar System, including, but not limited to GUSA, the Customer and the Globalstar Service, respectively. The Globalstar Service is subject to transmission and reception limitations caused by: (1) service area limitations, including without limitation topographical conditions, whether man-made or natural that obstruct the line of transmission between the user and the Globalstar System satellites; (2) the condition of the Globalstar System equipment; (3) the condition of Customer's Globalstar Phone; (4) acts of God, (5) weather conditions, atmospheric conditions (i.e., space debris, solar flares, and other atmospheric anomalies or disturbances), magnetic interference, environmental and topographic conditions and other like conditions.
   
   (e) Globalstar Service Only: Customer understands and acknowledges that GUSA does not provide any service other than the Globalstar Service (subject to the terms of this Agreement), including without limitation, any terrestrial cellular or PCS service. In the event that Customer elects to utilize any service other than the Globalstar Service in connection with its use of the Globalstar Phone, Customer understands and acknowledges that GUSA is not responsible for and neither warrants nor represents the quality or availability of such service and expressly disclaims any warranty regarding the interoperability of such service with the Globalstar Service. Cellular service, provisioning, billing and any issues relating to the use and operation of the Globalstar Phone on any terrestrial cellular, PCS or similar network is the responsibility of Customer.
   
   (f) Equipment: Customer shall use only personal communications equipment, including mobile handsets, fixed units, car kits, phone booths or other third-party vendor-modified units, which have been certified and type-approved by GUSA for use with the Globalstar Service (each a "Globalstar Phone"). EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, GUSA MAKES NO WARRANTIES WITH RESPECT TO THE GLOBALSTAR PHONE OR OTHER EQUIPMENT USED BY CUSTOMER IN CONNECTION WITH THE GLOBALSTAR SERVICE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESSED AND IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S REMEDIES FOR ANY AND ALL WARRANTY CLAIMS WITH RESPECT TO THE GLOBALSTAR PHONE OR OTHER EQUIPMENT USED BY CUSTOMER IN CONNECTION WITH THE GLOBALSTAR SERVICE SHALL BE THOSE PROVIDED BY GUSA IN THE LIMITED WARRANTY WHICH ACCOMPANIES THE GLOBALSTAR PHONE OR OTHER EQUIPMENT.
   
   (g) Privacy Limitations: Customer understands that because the Globalstar Service involves radio technology, voice and data communications transmitted over the Globalstar System may not be completely private. Customer understands that calls to emergency referral services, such as "911", are typically recorded and consents to the recording of such calls. Also, Customer consents to GUSA monitoring and recording Customer's calls to GUSA in order to ensure the quality of the Globalstar Service.
   
   (h) Abuse and Fraudulent Use: Neither the Globalstar Service nor any other means of communication may be used (1) to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, or to call another person so frequently or at such times of the day or in any manner so as to annoy, abuse, threaten or harass, or (2) for any purpose in violation of law, or (3) in any manner which interferes unreasonably with the use of the Globalstar Service by any other customer or with GUSA's reasonable ability to provide service to others. If Customer fails to adhere to these rules of the Globalstar Service GUSA may terminate this Agreement and cease to provide the Globalstar Service to Customer.
   
   (i) Effect of Regulatory Authority Affecting this Agreement: Customer agrees that GUSA may amend this Agreement upon written notice to Customer to comply with regulatory requirements, and to the extent the terms of this Agreement are amended by GUSA to comply with any requirements of governmental entities, such amendment(s) does not constitute a repudiation or breach of this Agreement by GUSA, and Customer agrees to act in conformity with such amended terms and requirements as they may affect his/her performance under this Agreement.
   
   (j) Telephone Numbers: A telephone number may not be used in more than one Globalstar Phone. Customer has no property or other continuing right in any assigned telephone number, and none can be acquired by usage or otherwise. GUSA reserves the right to assign, designate, or change any such telephone number when reasonably necessary in the conduct of its business. Any telephone number used by a Customer whose Globalstar Service is deactivated may be reassigned immediately upon the discontinuance of service.
   
   (k) Designation of Authorized User(s): Customer may notify GUSA at any time of Customer's designation of authorized user(s) on Customer's account. By so doing Customer gives GUSA permission to (1) provide account information and services directly to such user(s) to the extent such information and services would otherwise be available to Customer, and (2) make changes to Customer's account as may be requested by such user from time to time. Customer agrees to accept financial responsibility for all decisions and changes made by such user(s) relating to Customer's account. Customer may remove an authorized user(s) from the account at any time by notifying GUSA in writing.
   
   (l) Service Orders: Orders including those which involve the start, a change, or the discontinuance of the Globalstar Service will be accepted by GUSA only from Customer or a representative of Customer whose authority is confirmed in accordance with GUSA's procedures prior to the action desired.
   
   (m) Customer Contact: Customer expressly grants GUSA the right to contact Customer by calling Customer's telephone number or by leaving a recorded message on Customer's voice mail. Customer grants GUSA the right to examine detailed records of calls made and received by Customer in order to locate Customer or to otherwise exercise GUSA's rights under this Agreement.
   
   (n) Toll-Free Calls, and 900 or 976 Calls: The Globalstar Service is unable to route calls to regional toll-free numbers or to 900 and 976 prefix numbers or the like, but may be able to route calls to nation-wide toll free numbers with prefixes such as 800, 877 or 888.
   
   (o) Emergency Referral Service: Unlike cellular or standard telephone service, GUSA is under no obligation to provide any type of emergency referral service, such as "911" service, in connection with the Globalstar Service. In the event that GUSA does provide a form of emergency referral service (the "Referral Service"), Customer acknowledges and agrees, as a condition of its use of the Referral Service, as follows: (1) the provision of the Referral Service is subject to the limitations on liability and other limitations and provisions contained herein, in addition to those set forth in this subsection 2(o); (2) the Referral Service is subject to the same limitations of coverage and network capacity as other uses of the Globalstar Service and will not be relied upon as the only means of communication in emergency situations; (3) no action or claim whatsoever, whether seeking damages or any other remedy, will be brought against any of GUSA, its affiliates and their respective shareholders, directors, officers, employees and agents (collectively, the "GUSA Parties") or any third-party providers (the "Third Party Providers") assisting GUSA to provide the Referral Service, in respect of any death, injury, or loss to persons or property incurred by any person in connection with establishing, developing, implementing, maintaining, operating, and otherwise providing the Referral Service, except for claims against any such party relating to the intentional or willful misconduct of such party; (4) no action or claim whatsoever, whether seeking damages or any other remedy, will be brought against any of the GUSA Parties or the Third Party Providers in respect of any delay, in action, act or omission of police, fire or other emergency personnel contacted through the Referral Service; (5) calls placed using the Referral Service will typically be recorded; (6) notwithstanding that GUSA may have provided the Referral Service on one or more occasions in a particular location or locations, there can be no assurance that such service will be available at other times or in the same or other locations; nor can there be any assurance that such service will be available outside the Home Territory; and (7) Customer's location will not be known automatically by the operator answering a Referral Service call and the effectiveness of the Referral Service will depend largely on the accuracy of the information provided by Customer, including without limitation, information concerning Customer's location; therefore, Customer shall provide the operator with specific information identifying Customer's location.
   
   (p) Globalstar Phone Theft: In the event Customer's Globalstar Phone is lost, stolen, or otherwise absent from the Customer's possession or control, Customer shall be liable for all usage and toll, long distance and roaming charges originating from Customer's telephone number until the loss, theft or other occurrence is reported to GUSA and for 2 hours thereafter. Customer shall provide a police report of such loss or theft upon GUSA's request. Thereafter, Customer shall not use the telephone number assigned to Customer's Globalstar Phone until Customer gives GUSA notice that such Globalstar Phone is in the Customer's possession and requests restoration of the ability to use such telephone number. Such restoration may be subject to a charge. Monthly charges shall continue until the Globalstar Service is terminated.
   
   
3. Rates, Billing and Payment.
   
   (a) Rates: Applicable rates and charges for the Home Territory are indicated in the GUSA pricing plans and service options selected by Customer. Such rates and charges apply only to the Globalstar Service provided by GUSA within the Home Territory and charges may vary for roaming in other territories served by the Globalstar System. All other charges, features (even if one or more features were offered at the time of activation with no recurring monthly feature charge) and services including, but not limited to, coverage areas, and rounding practices, are subject to change or discontinuation upon written notice by GUSA to Customer. Customer understands and acknowledges that the rates being charged under this Agreement may include discounts in consideration of the number of Globalstar Phones in active use by the Customer. Customer agrees that GUSA may discontinue such discounts should the number of lines in active use by the Customer fall below the number required for the granting of such discounts. Additionally, GUSA reserves the right to modify all other terms and conditions and any pricing plan at any time by written notice to Customer. Upon such notice, any changes shall automatically and without written amendment become part of this Agreement.
   
   (b) Billing:
   
           (1) Chargeable time for calls originated by Customer's Globalstar Phone begins when a connection is established to a Globalstar System facility and ends when the Globalstar Phone disconnects from a Globalstar System facility (i.e., a few seconds after Customer sends an END command to the Globalstar System). In the Home Territory, Customer will not be charged for unanswered calls unless Customer places a call to a number that rings unanswered or signals busy for 60 seconds or more, after which Customer will be billed for all airtime, including the first 60 seconds, regardless of whether a connection is made. Customer may be charged for busy or unanswered calls when roaming outside of the Home Territory.
   
           (2) Chargeable time for calls received by Customer's Globalstar Phone begins when a connection is established between a Globalstar System facility and the Globalstar Phone, provided the call is answered, and ends when the Globalstar Phone disconnects (i.e., a few seconds after Customer sends an END command to the Globalstar System).
   
           (3) Unless otherwise specified, Customer will be billed a minimum of one full minute for each call upon connection. Thereafter, the Customer will be billed in fractions of a minute rounded up in 30-second intervals. For example, if a call lasts only 25 seconds, Customer will be billed for the minimum one minute; if a call lasts one minute and 20 seconds, Customer will be billed for one minute and 30 seconds. If Customer has selected a rate plan with "Bundled Minutes" those Bundled Minutes will be applied to the Home Territory airtime used in the earliest part of each monthly billing cycle. Any unused Bundled Minutes remaining at the end of any monthly billing period will not be carried forward or credited against the next month's billing period.
   
           (4) Bills for charges payable by Customer will generally be produced monthly. Monthly billing periods do not necessarily correspond to calendar months, and they may vary in length from approximately 28 to approximately 32 days. GUSA may change its billing procedures from time to time, and GUSA may bill Customer more often than monthly if GUSA determines that there is a risk of Customer non-payment which may be indicated by, among other things, above-normal Customer usage of the Globalstar Service or non-payment of a prior bill when such bill was due and payable. Customer agrees to review his/her GUSA invoice to verify accuracy within 90 days of receipt and notify GUSA promptly of any discrepancies, failing which the Customer is deemed to have agreed to the accuracy of that GUSA invoice.
   
           (5) Applicable federal, state, local and foreign taxes, fees and surcharges will be added to Customer's monthly bill.
4. 
   
   (c) Payment: Customer is responsible for the payment of charges for all services furnished to Customer under this Agreement, including, but not limited to, all calls originated by or completed to Customer's Globalstar Phone, and for the payment of all charges billed to Customer's access number, including toll, land, long distance and roamer charges, if applicable. Customer may pay his/her bill by direct debit, credit card or by mailing a check or money order to the remittance address set forth in the invoice sent to Customer. Payments received after the due date on the bill may incur a 1.5% per month (18% per annum or the maximum rate allowed by law, whichever is lower) late payment charge on the past due amount. If payment is returned or rejected by a bank or other financial institution for any reason (i.e., non-sufficient fund or NSF check, overdrawn account for direct debit, over the credit limit, expired date on credit card), then Customer shall pay a $25 return or rejection charge (or such other fee then being charged by GUSA). Customer authorizes GUSA to refer his/her account, if past due, to attorneys and/or collection agencies for further action. Customer shall also pay any and all costs, fees and expenses that GUSA incurs to collect any charges from Customer, including without limitation all court costs, attorneys' fees and collection agency fees and commissions to the extent allowed by law. GUSA reserves the right to interrupt the provision of the Globalstar Service to Customer at any time without notice and to require accelerated interim payments in the event that (1) GUSA deems Customer's usage unusual or excessive in relation to Customer's security deposit, credit limit and/or normal usage patterns, as GUSA may determine in its sole discretion from time to time, or (2) Customer's payment is returned or rejected as described above.
   
   
5. Term and Termination. This Agreement shall begin on the date that the Customer's account in respect of the Globalstar Service is activated and continue on a month-to-month basis* (*as mentioned above, if Customers signed a longer term agreement, the term of that agreement, as well as all other terms, apply to such Customers) until terminated pursuant to the terms hereof. Notwithstanding any other provision set forth herein, either GUSA or Customer may terminate this Agreement upon 30 days notice to the other. Upon non-payment by Customer of any sum due to GUSA, or upon any violation of the terms, conditions, laws, rules or regulations governing the use of service, GUSA may, by a notice in writing (which notice shall be deemed to have been given five (5) days after it is placed in the U.S. mail addressed to Customer's last known address, or earlier if by hand delivery, and without incurring any liability, either refuse, reduce or temporarily or permanently terminate the provision of the Globalstar Service (including associated roaming, long distance and international direct dialing services) to Customer. In addition, the provision of the Globalstar Service to Customer may be refused, reduced or temporarily or permanently terminated by GUSA without notice and without GUSA incurring any liability if (1) GUSA has not received and posted Customer's first payment by the due date on Customer's first bill; or (2) GUSA is informed that the Globalstar Service is being used by Customer in a manner which might adversely affect GUSA's service to others; or (3) GUSA receives from a law enforcement agency a written finding, signed by a magistrate, that probable cause exists to believe (i) that Customer has used or will use the Globalstar Service in violation of or to violate the law, and (ii) that the character of Customer's use of the Globalstar Service is such that immediate action is required to protect the public's health, safety or welfare; or (4) the ESN/mobile number combination utilized by Customer is determined by GUSA to have been duplicated or otherwise to be associated or potentially associated with the fraudulent use of service; or (5) GUSA is requested by a customer or by another service provider to deny service to a Globalstar Phone which was reported to be lost or stolen, or GUSA is requested by another service provider to deny service to a Globalstar Phone determined to be associated or potentially associated with the fraudulent use of service or disconnected from service for non-payment of, or owing unpaid, service charges; or (6) GUSA determines that Customer's application for the Globalstar Service included information that was fraudulent, false or incomplete; or (7) Customer uses equipment either not authorized by or on record with GUSA; or (8) the occurrence of any other event of default under this Agreement. If Globalstar Service is interrupted for non-payment GUSA may, at its sole option, reactivate the Globalstar Service upon payment by Customer in full of the past due amount, any penalties associated with the late payment, and a service restoration charge of $15 (or such other fee then being charged by GUSA), and upon payment by Customer of a deposit based on Customer's payment history.
   
   In addition to the rights contained herein, GUSA reserves the right to pursue any other remedy at law or in equity. All rights and remedies granted to GUSA are cumulative and not alternate, and GUSA's failure to exercise any right or remedy shall not constitute a waiver of such right or remedy with respect to any continuing or future default by Customer.
   
   *As stated on the first page, if a Customer already signed a longer term agreement, the term of that agreement, as well as all other terms, apply to the Customer.
   
   
6. Warranty, Remedy and Limitation of Liability.
   
   (a) WARRANTY: CUSTOMER ACCEPTS THE GLOBALSTAR SERVICES ON AN "AS IS", "WHERE IS" BASIS AND ACKNOWLEDGES THAT GUSA'S LIABILITY AND CUSTOMER'S SOLE RECOURSE IN RESPECT OF ANY FAILURE OF GUSA TO PROVIDE THE GLOBALSTAR SERVICES SHALL BE LIMITED AS PROVIDED IN SUBSECTIONS 5(B) AND (C). CUSTOMER ACKNOWLEDGES THAT GUSA DOES NOT WARRANT THAT THE GLOBALSTAR SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE AND THAT GUSA DOES NOT WARRANT THE AVAILABILITY, RELIABILITY OR ANY OTHER ASPECT OF THE GLOBALSTAR SERVICE. THE WARRANTIES AND CONDITION PROVIDED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. THE CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY OR RELIABILITY OF THE GLOBALSTAR SERVICE.
   
   (b) Remedy: Customer agrees that the aggregate liability of the GUSA Parties in connection with this Agreement and the provision of the Globalstar Service hereunder, and Customer's sole and exclusive remedy therefor, shall be subject to the limits provided in subsection 5(c) and shall be further limited to the repayment and/or a credit for the direct damages suffered by Customer as a result of any unavailability of or material defects in the Globalstar Service up to the total amount paid and/or owed by Customer for the aspects of the Globalstar Service which were unavailable or materially defective.
   
   (c) Limitation of Liability: The GUSA Parties shall not be liable for any harm, loss, liability, damage, expense, cost, suit, claim or demand whatsoever except to the extent attributable to GUSA's personnel or ground equipment, and only to the extent provided for in this agreement, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal or equitable theory. Under no circumstances will any of the GUSA Parties be liable for any (1) interruptions or defects in the Globalstar Service which affect Customer for less than 72 continuous hours, or (2) any of the limitations of the Globalstar Service referred to in Section 2 "Conditions on use of the Globalstar Service", or (3) indirect, aggravated, exemplary, punitive, special, incidental, or consequential damages (including damages for lost profits, lost revenues, lost information, business interruption, failure to realize anticipated savings or any other commercial or economic loss), or third party claims, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory, even if GUSA has been advised of the possibility of such damages. Customer agrees, acknowledges and confirms that the limitations of liability set out in this Agreement are fair and reasonable in the commercial circumstances of this agreement and that GUSA would not have entered into this Agreement but for Customer's agreement to limit the GUSA Parties' and the Third Party Providers' liability in the manner, and to the extent, provided for herein. The limitations contained in subsections 2(o), 5(b) and 5(c) shall apply even in the event of a breach of condition, a breach of an essential or fundamental term or a fundamental breach of this Agreement, except that the limitations on direct damages stated in subsection 5(b) shall not apply in the event of wilful or intentional misconduct. The GUSA Parties assume no liability for any harm, loss, liability, damages, expenses, costs, suit, claim or demand whatsoever arising from the use of the Globalstar Service in combination with services, products or equipment provided by Customer or any third parties.
   
   When roaming outside the home territory, Customer is also subject to the limitations of liability that the Globalstar System Provider in that territory imposes upon its Customers. Customer understands that such Globalstar System Provider may bill airtime differently than GUSA and that the services available in other territories may vary considerably from the services available in the home territory. Customer agrees that while Customer roams, Customer accepts services provided by the Globalstar System Provider in such territory on an "AS-IS", "WHERE-IS" basis, without warranty of any kind. Customer understands that the roaming indicator on customer's Globalstar Phone may not always represent home/roam territory. When traveling outside the home territory automatic roaming may be limited due to high levels of fraudulent activity in the area, the unavailability of the Globalstar System or other factors.
   
   
7. Customer Indemnity. Customer agrees to indemnify, hold harmless, and defend GUSA against any claims resulting from or relating to Customer's breach of this Agreement or misuse of the Globalstar Service or Globalstar Phone or other equipment used in connection with the Globalstar Service. Customer agrees to reimburse GUSA for any and all costs and reasonable attorneys' fees incurred by GUSA in defending any claims resulting from or relating to Customer's breach of this agreement or misuse of the Globalstar Service or the Globalstar Phone or other equipment used in connection with the Globalstar Service.
   
   
8. General.
   
   (a) Assignment: Customer may not assign this Agreement, nor any of its rights and obligations hereunder, to any other person, firm, agency, corporation or other legal entity without the prior approval of GUSA.
   
   (b) Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their permitted assigns. This Agreement is entered into solely for the benefit of such parties. Except as provided in subsection 7(d), nothing contained herein will be deemed to create any third-party beneficiaries or confer any benefit or rights on or to any person not a party hereto, and no person not a party hereto shall be entitled to enforce any provisions hereof or exercise any rights hereunder.
   
   (c) Third Party Beneficiary. Customer acknowledges and agrees that the GUSA Parties and the Third Party Providers shall be third party beneficiaries of the provisions of this Agreement which serve to limit the liability of the GUSA Parties and Third Party Providers.
   
   (d) Governing Law: This Agreement is governed by the laws of the State of California and applicable federal law.
   
   (e) Survival: The termination of this Agreement or the assignment of a party's interest hereunder shall not affect or prejudice any rights or obligations which have accrued or arisen under this Agreement prior to the time of termination or assignment, as the case may be, and such rights and obligations shall survive the termination or assignment of this Agreement. The following provisions of this Agreement shall survive the termination (for whatever cause or reason) or any assignment of this Agreement, in addition to any other provisions which survive by operation of law: subsections 2(o), 3(c), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f) and 7(hi); and Sections 5 and 6.
   
   (f) Waiver and Severability:
   
           (1) Neither the waiver by either of the parties hereto of a breach of or a default under any of the terms and conditions of this Agreement nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights, or privileges hereunder.
   
           (2) If any provision of this Agreement shall be held by any court or administrative body of competent jurisdiction to be invalid or unenforceable in any respect, the invalidity or unenforceability of such provision shall not affect any other provision of this Agreement.
   
   (g) Notice: In the event Customer desires to provide written notice to GUSA, as required by any of the Terms and Conditions herein or for any other reason, including any communication from Customer regarding disputed debts, and any instrument tendered as full satisfaction of a debt must be sent by Customer to GUSA by certified mail to following applicable address: Globalstar USA, L.L.C., Customer Care Department, 3200 Zanker Road, San Jose, CA 95134.
   
   (h) Complete Agreement: These terms and conditions contain the entire Agreement between GUSA and Customer superseding all prior agreements whether oral or written (except as provided at the top of this Agreement). Customer acknowledges that (s)he has relied on no oral or written representations made by or on behalf of GUSA or any employee, director, officer or agent of GUSA that are not incorporated into this document.