Innovation Partners
Terms of Service - WiMAX Innovation Network Service Plan
Effective September 8, 2009
THIS WiMAX INNOVATION NETWORK ("WIN") SERVICE AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND CLEAR WIRELESS LLC ("CLEARWIRE") BY USING CLEARWIRE'S WIRELESS BROADBAND INTERNET ACCESS SERVICE (THE "INTERNET ACCESS SERVICE"), ANY RELATED OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT PURCHASED BY YOU FROM CLEARWIRE ("EQUIPMENT") (THE INTERNET ACCESS SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE "WIN RVICE"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITION OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:
- SPECIAL RESTRICTIONS ON THE USE OF THE WIN SERVICE;
- THE GRANTING OF CERTAIN RIGHTS BY YOU TO CLEARWIRE AS CONSIDERATION FOR ALLOWING USE OF THE WIN SERVICE;
- LIMITS AND DISCLAIMERS ON CLEARWIRE'S LIABILITY AND WARRANTIES;
- THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT; and
- A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.
1. Agreement Governing Use of WIN Service. Clearwire reserves all rights including the right to revise, amend, or modify this Agreement or any other policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications, in the "Service Announcements" section of the CLEAR website which can be found at
2. Term and Termination of the WIN Service. This Agreement governs your use of the WIN Service as a WIN subscriber. As a WIN subscriber, you will be allowed to use the WIN Service for the duration of the "Term" (as set forth on the Order Confirmation). At the end of the Term your WIN Service will be terminated, and you will no longer have access to the WIN Service. Upon termination or expiration of this Agreement for any reason, Clearwire and its suppliers reserve the right, to the extent permitted by applicable law, to delete any voicemails, data, files, electronic messages or other information stored on Clearwire's or its suppliers'servers or systems. Clearwire, its affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data,names or addresses or other information. From time to time, Clearwire may reasonably require you to cooperate with and consent to remote and/or on-site (i) service level verification, and/or (ii) troubleshooting by Clearwire. You agree that failure to comply with our reasonable requests constitutes grounds fortermination of your WIN Service.
3. Network Performance and the WIN Service. The WIN Service is a limited service made available over a pre-commercial WiMAX network deployed in the Silicon Valley region of California, and is made available only to a select group of application, content/media,and software developers for the purpose of facilitating and encouraging development of new applications,content/media and software. What this means is that network accessibility, performance, reliability, and coverage will vary, are subject to change, and in some cases access to the network may be unavailable. Additionally, Clearwire anticipates the network will experience heavy data volumes as developers seek to develop and test new applications, content/media and software. This factor, coupled with a high concentration of users, will affect network performance and may, in some cases, require users to change locations for best results. In addition, Clearwire specifically reserves the right to limit future network access, capacity, data usage, features and performance at any time, without notice, in its sole discretion. By using the WIN Service you acknowledge that you have read and understand this disclaimer describing the limitations of the pre-commercial WIN Service, and you agree that Clearwire shall not be liable for any claims concerning the nature or quality of the WIN Service.
4. Conditions to Use of the WIN Service. The WIN program is a limited duration, limited participation program. Clearwire reserves the right to limit and/or otherwise restrict the number of participants at any time, and to refuse to provide WIN Service to anyone that, in Clearwire's sole and absolute discretion, does not meet Clearwire's requirements to receive WIN Service. Clearwire reserves the right to change and/or limit the duration of the WIN program, or to cancel the WIN program and stop providing WIN Service at any time, without notice, in its sole and absolute discretion. Clearwire does not charge WIN subscribers any fee to use the WIN Service. In exchange for allowing you to become a WIN subscriber and use the WIN Service at no charge, you agree to all of the following conditions and requirements, which collectively constitute the consideration on your part in exchange for Clearwire making the WIN Service available to you at no charge. You must maintain your qualifying status during the entire Term of this Agreement. If at any time during the Term you are no longer able to fulfilleach and every one of the following conditions, you must immediately notify Clearwire in writing, at which point your WIN Service will be terminated by Clearwire.
You must live, maintain a business, or work for an employer whose office is located, in a qualifying zip code area in the Silicon Valley region, which can be determined by going to
You must own a WiMAX enabled mobile device such as an air card or laptop computer containing an embedded WiMAX chipset (or if you do not already own a WiMAX =enabled mobile device you must purchase one from Clearwire) that is capable of connecting to and operating on the Clearwire network.
You must grant, and by using the WIN Service will be deemed to grant, to Clearwire permission to use your name, your company's name (if any), any associated trademarks, service marks or logos, and any statements made by you about the WIN Service for Clearwire's own promotional purposes. Please see Section 13 of this Agreement for more details and your license grant.
You must consent,and do hereby consent, to receive solicitations and communications from Clearwire and its innovation network partners during the Term.
5. Availability of Service/Variation of Speed/Maintenance Outages. You acknowledge that the WIN Service may not be available in all portions of the Silicon Valley Area, and even within coverage areas service availability,quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the WIN Service. You agree to provide Clearwire with the correct address of your primary place of use. You further agree to promptly notify Clearwire of any changes in the primary WIN Service address. It is your responsibility to determine if coverage of the WIN Service in your area is sufficient to meet your needs. Clearwire makes no representations or warranties of any kind with respect to coverage of the WIN Service and shall have no liability of any kind for failure of the WIN Service. Absolutely no refunds will be made for WiMAX enabled devices purchased from Clearwire which are used with the WIN Service. Only WiMAX enabled mobile devices are eligible for use with the WIN Service, and no WIN Service will be provided to fixed modem devices. VoIP service, email service and related services are not available for use with the WIN Service. In order to provide the best possible service to its customers, Clearwire must perform maintenance on its network. In some cases this may require Clearwire to conduct either a planned or unplanned interruption of the WIN Service. Clearwire will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your WIN Service will not be interrupted,and cannot always give advance notice of such outages. You acknowledge and agree that Clearwire shall not be responsible for any losses or damages suffered by you as a result of any WIN Service interruptions due to maintenance outages. Please see Section 21 (Limitation of Liability) of this Agreement for furtherrestrictions on Clearwire's liability for WIN Service outages.
6. Equipment Warranty. If you purchase Equipment from Clearwire,the Equipment is warranted by Clearwire to be substantially free from material defects, under normal use in compliance with Clearwire's instructions, for a period of one (1) year from the date you receive the Equipment ("Limited Warranty"). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Clearwire's policies or other instructions provided by Clearwire, actual or attempted alteration of or additions to the Equipment not approved by Clearwire, or any other cause beyond the reasonable control of Clearwire, all as determined by Clearwire (collectively, "Excluded Causes"). Repair or replacement, in Clearwire's discretion, of the Equipment is Clearwire's only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. This Limited Warranty is personal to you, and will terminate immediately upon the permitted sale or transfer of the Equipment, or expiration or termination of this Agreement.
7. Support. You may elect to use the troubleshooting guides and user information provided by Clearwire or available at: www.clearwire.com/support/support.php prior to contacting Clearwire Customer Care for assistance. Clearwire will provide support for devices purchased from Clear and for devices purchased from third parties listed at http://developer.clear.com/innovation. Clearwire does not provide support for devices purchased or obtained from sources other than those described herein, and shall have no liability or responsibility for troubleshooting or fault correction of such devices.
8. Credits. No credit or adjustment will be made for interruptions or degradations of the WIN Service.
9. Network Management. You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to, the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Clearwire reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Clearwire's Acceptable Use Policy, which may be amended from time to time.
10. Acceptable Use Policy. The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. Clearwire reserves the right to immediately restrict, limit, suspend or terminate your WIN Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will not be entitled to a refund of the Equipment purchase price, if any.
11. Privacy. Clearwire's Privacy Policy describes how Clearwire may collect and use your personally identifiable and other information, and is available at: www.clearwire.com/company/legal/privacy.htm or www.clear.com/company/legal/privacy.htm, as may be amended.
12. Ownership; No Licenses. The WIN Service and any firmware or software used to provide the WIN Service, embedded in any Equipment, or used in connection with the WIN Service (collectively "Software"); all WIN Service information, documents and materials delivered to you by Clearwire or located on Clearwire's website (collectively "Information"); and all names,service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Clearwire are and will remain the sole property of Clearwire and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the WIN Service in accordance with the Agreement.
13. Permission to Use Name and Related Information. In consideration for Clearwire providing the WIN Service to me at no charge, I hereby grant permission to Clearwire to use, copy, modify, adapt, distribute, publish, display, perform, and otherwise use, in whole or in part, my name, my company's name (if any), trademarks, service marks and/or logos, and any statements made by me about the WIN Service (collectively the "Promotional Informatin") for commercial and business purposes worldwide (a) in any and all media now or hereafter known, including, without limitation, videotapes, audio recordings, podcasts, webcasts, digital images, photographs and print publications; (b) in audio or video files made available for download or streaming from Clearwire or third party web sites; (c) in Clearwire's internal and public websites, (d) in printed and videotaped copies distributed to Clearwire employees and present and potential customers; (e) in printed, audio tape and videotape copies distributed at Clearwire sponsored or co-sponsored events; (f) in excerpts included in speeches, slides, brochures and other marketing collateral; and (g) as reference when communicating with analysts, the press and the general public. Clearwire shall have the right to modify, edit, reproduce, display or otherwise disseminate the Promotional Information, in whole or in part, throughout the world, provided that any modifications or alterations made to the Promotional Information do not significantly alter or misrepresent the original content. I hereby release and discharge, Clearwire,its employees, agents, successors, licensees and assigns from any and all claims I might have in connection with Clearwwire's use, display, dissemination or exploitation of the Promotional Information, including, but not limited to, any claims for defamation; violation of any moral or artist rights; and/or any right of privacy or publicity.
14. Tampering with the Equipment. You must not use with the WIN Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Clearwire. In addition, you may not use with the WIN Service any serviced, altered, modified, stolen, or tampered Equipment, or permit any other person (unless authorized in advance by Clearwire in writing) to do so.
15. Theft of the Service. You must notify Clearwire immediately,in writing or by calling Clearwire Customer Care, if you become aware at any time that the WIN Service is being stolen or fraudulently used.
16. Termination/Discontinuance of Service. Clearwire may suspend or discontinue providing the WIN Service generally, or terminate your WIN Service, either in whole or in part, at any time in its sole discretion.
17. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. THE ONLY WARRANTIES BEING MADE BY CLEARWIRE WITH REGARD TO THE WIN SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 6 OF THIS AGREEMENT. THE CLEARWIRE PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE WIN SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY CLEARWIRE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY CLEARWIRE PARTIES. CLEARWIRE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON CLEARWIRE'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WIN SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
18. LIMITATION OF LIABILITY. (A) IN NO EVENT SHALL ANY OF THE CLEARWIRE PARTIES BE LIABLE OR OBLIGATED, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF ANY AMOUNTS PAID TO CLEARWIRE FOR THE EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE WIN SERVICE OR ACCESS TO THE INTERNET, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE WIN SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE CLEARWIRE'S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT CLEARWIRE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE WIN SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH CLEARWIRE, OR CLAIM AGAINST CLEARWIRE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WIN SERVICE AND ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
19. Complaint Resolution/Notices. All complaints must be sent to Clearwire Customer Care at the address set forth at (http://www.clearwire.com/company/contact.php) or by calling 1.866.599.8568. Clearwire may require you to describe the complaint in writing. Written notices to you from Clearwire will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify,in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Clearwire's files, or (iii) the date of delivery or rejection when sent by a nationally recognized courier. You are responsible for notifying Clearwire of any changes in your email and/or mailing address. Written notice to Clearwire will be effective when directed to Clearwire's Customer Care Department and received at the address set forth at http://www.clearwire.com/company/contact.php. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by Clearwire, including account statements, account status, payment and billing information, and changes to terms of service may be sent by Clearwire electronically to the last email address provided by you.
20. Indemnification. You will defend, indemnify, and hold harmless Clearwire and its affiliates, the agents and suppliers of each, and any of their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the "Clearwire Parties") against any and all claims, losses, damages, and liabilities arising from the use or misuse of the WIN Service or Equipment by you or by any person you allow to use the WIN Service or Equipment, or any breach of this Agreement by you, including, but not limited to, claims by any owner of the WIN Service location. You also agree to reimburse the Clearwire Parties and pay each Clearwire Party's reasonable attorneys' fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.
21. Assignment and Successors in Interest. All of the provisions of this Agreement will be binding upon, inure to the benefit of,and be enforceable against your respective successors and permitted assigns.Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Clearwire. Any such assignment without consent will be void.
22. Entire Agreement/Severability. This Agreement consists of these terms and conditions, the Order Confirmation, and the WIN Service plan (each as they may be amended from time to time) and represents the entire agreement and understanding of you and Clearwire regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and Clearwire, this Agreement will control unless Clearwire has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties
23. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY AND CLASS ACTION WAIVER. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO CLEARWIRE UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND CLEARWIRE WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU AND CLEARWIRE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT CLEARWIRE FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION 24 IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION 24 SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF THIS SECTION 24 SHALL NOT BE AFFECTED.
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