Termination of Customer Accounts. The parties hereto agree that all Services including cellular service will be available and activated only upon the Vehicle owner’s or Lessee’s execution of a retail agreement for same, in a form mutually agreed to by MBUSA and ATX and upon the Vehicle owner’s payment of the fee for same as established by ATX. The above notwithstanding, the parties hereto agree that ATX’s Services (excluding airtime charges) for the first year after the retail sale of a Mercedes-Benz vehicle shall be provided at no charge to the customer or MBUSA as long as Tele Aid becomes standard equipment on all vehicles of a given model class which Tele Aid is offered. A copy of the terms and conditions of the retail agreement which the parties shall employ is attached hereto as Exhibit E. ATX reserves the right, upon notice to MBUSA, and upon MBUSA’s approval, which shall not be unreasonably withheld, to make changes to such retail agreement, consistent with changes or developments in the law, the Services or industry standards. ATX’s request for approval of such changes must be responded to within thirty (30) days. After thirty (30) days said request shall be deemed approved by MBUSA. Such changes shall not be retroactively effective to customers unless specifically authorized or required by law. Unless otherwise agreed by the parties in writing, fees for the Services provided throughout the term of this Agreement shall be charged for periods of no less than one year. Customer accounts will only be terminated upon the expiration of the retail agreement term if there has been no renewal made by the Vehicle owner or material failure to comply with the terms and conditions of the retail agreement including cellular service. Prior to deactivation of Services for non-payment or non-renewal, ATX will send a letter to Customer at the address on record, notifying of the intention to deactivate.
Termination of Customer Accounts. The Company shall have terminated and closed all of the customer accounts set forth on Section 5.13 of the Company Disclosure Schedules pursuant to binding termination agreements.
