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be entitled to include all reasonable attorneys' fees and costs incurred in connection with the
<br /> enforcement of this agreement.
<br /> 10. DESTRUCTION OF RECORDS-Upon written instruction from Client's Authorized
<br /> Representative or Client's Secondary Authorized Representative, Company may destroy the
<br /> Stored Material. The Client releases the Company from all liability by reason of the destruction of
<br /> Stored Material pursuant to such authority. The Company may also destroy the Stored Materials
<br /> in accordance with Section 9.2(c)of this agreement.
<br /> 11. TITLE WARRANTY-Client warrants that it is the owner or legal custodian of the Stored Material
<br /> and has full authority to store the Stored Materials in accordance with the terms of this agreement.
<br /> 12. INDEMNIFICATION-Company shall not be liable to Client or to Client's customers, employees,
<br /> agents,guests or invitees,or to any other person whomever,for any injury to persons or damage to
<br /> property, including, but not limited to consequential dames, (1) caused by any act or omission of
<br /> Client, its customers, employees, agents, guests or invitees, licensees and concessionaires, or of
<br /> any other person claiming through Client, or(2) arising out of any breach or default by Client in
<br /> the performance of its obligations hereunder, or (3) arising out of the failure or cessation of any
<br /> service provided by Company (including security service and devices). Client hereby agrees to
<br /> indemnify Company and hold Company harmless from any liability, loss, expense or claim
<br /> (including,but not limited to reasonable attorney's fees)arising out of such damage or injury. Nor
<br /> shall Company be liable to Client for any loss or damage that may be occasioned by or through the
<br /> acts of omissions of others persons whomsoever, excepting only duly authorized employees and
<br /> agents of Company acting within the scope of their authority. Unless caused by the negligence of
<br /> Company, Client agrees to fully indemnify and hold harmless Company, its officers, employees
<br /> and agents for any liability, cost or expense, including reasonable attorneys' fees, that Company
<br /> may suffer or incur as a result of claims, demands, costs or judgments against it arising out of its
<br /> relationship with Client or third parties.
<br /> 13. RULES
<br /> Client shall not, at any time, store with Company any narcotics, Hazardous Materials as hereinafter
<br /> deemed, or materials otherwise considered to be highly flammable, explosive, toxic, radioactive or which
<br /> may attract vermin or insects, or any other materials which are otherwise illegal, dangerous and unsafe to
<br /> store or handle. Company reserves the right to open and inspect the Stored Materials tendered for storage
<br /> restrictions and guidelines. For purposes of this agreement,the term"Hazardous Materials"shall mean and
<br /> refer to any wastes, materials, or other substances of any kind or character that are or become regulated as
<br /> hazardous or toxic waste or substances, or which require special handling or treatment, under any local,
<br /> state or federal law,rule,regulation or order.
<br /> 14. CONFIDENTIALITY-Company acknowledges that the Stored Materials may contain confidential
<br /> information. Company specifically agrees that it will release the Stored Material only to Client,
<br /> except as provided below.
<br /> In the event that Company receives a request to disclose all or any part of the Stored Materials
<br /> under the terms of a subpoena or order issued by a court or by a governmental body, Company
<br /> agrees:
<br /> a. to notify Client immediately of the existence, terms, and circumstances surrounding
<br /> such request;and
<br /> b. to furnish only such portion of the Stored Material as it is legally compelled to
<br /> disclose.
<br /> 15. NOTICES-All notices under this agreement shall be in writing. Unless delivered personally, all
<br /> notices shall be addressed to the appropriate addresses noted herein, or as otherwise designated in
<br /> writing. Notices shall be deemed to have been delivered when deposited in the United States mail,
<br /> postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective
<br /> addresses set forth on page one, or to such other addresses as the parties may have designated by
<br /> written notice to each other.
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