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DocuSign Envelope ID: DB0158A0-1139-48CD-8576-549C07AE1795
<br /> herein provided. All remedies provided for in this agreement are cumulative and may, at the election
<br /> of Company, be exercised alternatively, successively or in any other manner and are in addition to
<br /> any of the rights provided by law. Company shall be entitled to include all reasonable attorneys' fees
<br /> and costs incurred in connection with the enforcement of this agreement.
<br /> 10. DESTRUCTION OF RECORDS-Upon written instruction from Client's Authorized Representative or
<br /> Client's Secondary Authorized Representative, Company may destroy the Stored Material. The Client
<br /> releases the Company from all liability by reason of the destruction of Stored Material pursuant to such
<br /> authority. The Company may also destroy the Stored Materials in accordance with Section 9.2 (c) of this
<br /> agreement.
<br /> 11. TITLE WARRANTY-Client warrants that it is the owner or legal custodian of the Stored Material and has
<br /> 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, agents,
<br /> guests or invitees, or to any other person whomever, for any injury to persons or damage to property,
<br /> including, but not limited to consequential dames, (1) caused by any act or omission of Client, its
<br /> customers, employees, agents, guests or invitees, licensees and concessionaires, or of any other person
<br /> claiming through Client, or (2) arising out of any breach or default by Client in the performance of its
<br /> obligations hereunder, or (3) arising out of the failure or cessation of any service provided by Company
<br /> (including security service and devices). Client hereby agrees to indemnify Company and hold Company
<br /> harmless from any liability, loss,expense or claim(including,but not limited to reasonable attorney's fees)
<br /> arising out of such damage or injury. Nor shall Company be liable to Client for any loss or damage that
<br /> may be occasioned by or through the acts of omissions of others persons whomsoever, excepting only duly
<br /> authorized employees and agents of Company acting within the scope of their authority. Unless caused by
<br /> the negligence of Company, Client agrees to fully indemnify and hold harmless Company, its officers,
<br /> employees 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 /> 13.1 Client shall not, at any time, store with Company any narcotics, Hazardous Materials as hereinafter
<br /> defined, or materials otherwise considered to be highly flammable, explosive, toxic, radioactive or
<br /> which may attract vermin or insects,or any other materials which are otherwise illegal, dangerous and
<br /> unsafe to store or handle. Company reserves the right to open and inspect the Stored Materials
<br /> tendered for storage restrictions and guidelines. For purposes of this agreement, the term"Hazardous
<br /> Materials" shall mean and refer to any wastes, materials, or other substances of any kind or character
<br /> that are or become regulated as hazardous or toxic waste or substances, or which require special
<br /> handling or treatment,under any local, 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, except as
<br /> provided below.
<br /> In the event that Company receives a request to disclose all or any part of the Stored Materials under the
<br /> terms of a subpoena or order issued by a court or by a governmental body,Company agrees:
<br /> a. to notify Client immediately of the existence, terms, and circumstances surrounding such
<br /> request; and
<br /> b. to furnish only such portion of the Stored Material as it is legally compelled to disclose.
<br /> 15. NOTICES-All notices under this agreement shall be in writing. Unless delivered personally, all notices
<br /> shall be addressed to the appropriate addresses noted herein,or as otherwise designated in writing. Notices
<br /> shall be deemed to have been delivered when deposited in the United States mail,postage prepaid,certified
<br /> mail,return receipt requested, addressed to the parties at the respective addresses set forth on page one, or
<br /> to such other addresses as the parties may have designated by written notice to each other.
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