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In no event shall the Company be liable for loss of the information contained in the Stored <br /> Material or any related consequential or incidental damages. Such limitation of liability shall <br /> apply irrespective of the cause of loss,damage,or destruction of the Stored Material. <br /> The Stored Material is not insured by Company against loss or injury, irrespective of the cause of the <br /> loss or injury. <br /> 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 /> Claims by Client for loss,damage or destruction must be presented in writing to Company within sixty <br /> (60)days of the date on which Client is notified or learns of the loss, damage or destruction to part or all of <br /> the Stored Material has occurred. <br /> 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 been <br /> given as provided in Section 7.4 of this agreement. <br /> 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 service(or <br /> to provide any other service herein contemplated)because of force majeure, acts of God or because of loss <br /> or destruction which the Company is not liable, or because of any other excuse provided by law, the <br /> 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 <br /> continue for one year, with automatic renewals for successive one-year terms, unless written <br /> notice of non-renewal is delivered by either party to the other at least thirty days before the <br /> expiration date of the then current term. <br /> 9. DEFAULT <br /> 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 <br /> court seeking debtor relief. <br /> 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 <br /> cost of which shall be billed to Client. Client acknowledges that since the Stored Material <br /> has little or no market value, sale of the Stored Material would be impossible, and <br /> destruction is the only way for the Company to mitigate its damages. <br /> d.terminate this agreement,whereupon Company, shall recover all damages suffered by <br /> reason of such termination. <br /> 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 <br /> Client or anyone claiming through Client. The exercise by Company of any one or more of <br /> the remedies provided in this agreement shall not prevent the exercise by Company of any of <br /> the other remedies herein provided. All remedies provided for in this agreement are <br /> cumulative and may, at the election of Company,be exercised alternatively, successively or <br /> in any other manner and are in addition to any of the rights provided by law. Company shall <br /> Page 11 <br />