Switching an upgrade with a phone from a soon to be deactivated device

So this is my situation, we have a MiFi device that is due for an upgrade. I have a phone that is not charging anymore and my upgrade isn't for a couple months. I know I can transfer the upgrade to another phone so that isn't my question. We finally have a reliable internet service and the contract for the mifi is up. We decided that we are going to get rid of the mifi since we no longer need it (we haven't done this yet). Can we use this upgrade on my phone without having to commit to another two year contract with the mifi? I'm guessing not but I want to know if its possible or not. Any input would be appreciated!

If you use the upgrade, you're still signing a two year contract on the line that had the upgrade available.

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