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In no event shall the Company be liable for loss of the information contained in the Stored Material or any <br /> related consequential or incidental damages. Such limitation of liability shall apply irrespective of the <br /> cause of loss,damage,or destruction of the Stored Material. <br /> 7.2 The Stored Material is not insured by Company against loss or injury, irrespective of the cause of the <br /> loss or injury. <br /> 7.3 Client understands and acknowledges that normal deterioration and aging of record media occurs with <br /> time and Company assumes no liability for such deterioration. <br /> 7.4 Claims by Client for loss, damage or destruction must be presented in writing to Company within <br /> sixty (60)days of the date on which Client is notified or learns of the loss, damage or destruction to <br /> part or all of the Stored Material has occurred. <br /> 7.5 No action, suit or proceeding may be brought or maintained by Client or any other third party against <br /> Company for loss, damage or destruction of the Stored Material, unless a timely written claim has <br /> been given as provided in Section 7.4 of this agreement. <br /> 7.6 When services pertaining to the Stored Material are requested by Client, a reasonable time shall be <br /> given to Company to complete said services and, if Company is unable to perform the requested <br /> service(or to provide any other service herein contemplated)because of force majeure,acts of God or <br /> because of loss or destruction which the Company is not liable, or because of any other excuse <br /> provided by law,the company shall not be liable for failure to carry out such instructions or services. <br /> 8. TERM-The term of this agreement shall commence on the date of Client's signature and will continue for <br /> one year, with automatic renewals for successive one-year terms, unless written notice of non-renewal is <br /> delivered by either party to the other at least thirty days before the expiration date of the then current term. <br /> 9. DEFAULT <br /> 9.1 The occurrence of any one of more of the following events shall constitute a default of this agreement <br /> ("Events of Default"): <br /> a. failure to pay any sum due hereunder;or <br /> b. breach of any provision of this agreement; or <br /> c. client becomes insolvent or files, or has filed against it, any proceeding in federal or state court <br /> seeking debtor relief: <br /> 9.2 Upon the occurrence of any Event of Default,Company, and its sole option,may exercise any or all of <br /> the following remedies without terminating Client's obligations under this agreement: <br /> a.demand in writing that Client pick up the Stored Material; <br /> b.deliver the Stored Material to the Client. <br /> c. upon thirty (30) days advance written notice to Client, destroy the Stored Material, the cost of <br /> which shall be billed to Client. Client acknowledges that since the Stored Material has little or no <br /> market value, sale of the Stored Material would be impossible, and destruction is the only way for <br /> the Company to mitigate its damages. <br /> d.terminate this agreement,whereupon Company,shall recover all damages suffered by reason of <br /> such termination. <br /> 9.3 After any Event of Default,Client shall continue to pay all sums due hereunder up to and including, <br /> if applicable,the date of delivery of the Stored Material as provided in 9.2(b)above. <br /> In the event Company takes any action pursuant to this section, it shall have no liability to Client or <br /> anyone claiming through Client. The exercise by Company of any one or more of the remedies <br /> provided in this agreement shall not prevent the exercise by Company of any of the other remedies <br /> 12 <br />