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DocuSign Envelope ID: 97E04238- A5D4- 41EE- ACB6- DDF028BB5823 <br />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 cause <br />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 sixty <br />(60) days of the date on which Client is notified or learns of the loss, damage or destruction to part or <br />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 been <br />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 given <br />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 <br />loss or destruction which the Company is not liable, or because of any other excuse provided by law, <br />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 Defaulf'): <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 which <br />shall be billed to Client. Client acknowledges that since the Stored Material has little or no market <br />value, sale of the Stored Material would be impossible, and destruction is the only way for the <br />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 provided <br />in this agreement shall not prevent the exercise by Company of any of the other remedies herein <br />provided. All remedies provided for in this agreement are cumulative and may, at the election of <br />13 <br />