Orange County NC Website
DocuSign Envelope ID:93C4AB5D-9B56-4AE2-8617-1374826692F7 <br /> 7. In the event that SEA, Ltd. is joined as a party in any legal proceeding as a result of action taken by the client, or as <br /> a result of action taken by SEA, Ltd. at the client's direction or request, the client agrees to defend, hold harmless and <br /> indemnify SEA, Ltd. and its personnel in connection with such proceedings to the fullest extent permitted by law, <br /> including, without limitation, reimbursement of all time, expense, and attorneys' fees incurred by SEA, Ltd. and its <br /> personnel in connection with such proceedings. <br /> In the event that SEA, Ltd. or its employee(s) receives a subpoena or other document production order or request <br /> that seeks SEA, Ltd. or employee financial information, case files, records, or documents other than those directly <br /> related to the Matter, and which SEA, Ltd. determines is objectionable, then, to the extent that SEA, Ltd. undertakes <br /> to prepare an objection, motion for protective order or motion to quash in response to the subpoena, order or <br /> request, the client agrees to reimburse SEA, Ltd. for any costs, expenses, labor, professional time, and attorneys' fees <br /> incurred by SEA, Ltd. in connection therewith. <br /> 8. EVIDENCE HANDLING <br /> a. Removal of Items from a Site. Generally, SEA, Ltd. will only remove items from a scene or site with the <br /> permission of the owner or the owner's authorized agent. If SEA, Ltd. is unable to obtain permission to remove <br /> items at the time of a site visit, the client may be required to obtain that permission. <br /> b. Identifying and Notifying Other Interested Parties. In some situations, the removal of items from a site is <br /> accomplished after notice to/from, and inspection by, other interested parties. However, it is not always possible to <br /> identify and notify all interested parties immediately after an incident. The duty to identify and notify other <br /> interested parties of impending site or evidence examinations and evidence removal is strictly and entirely the <br /> responsibility of the client. SEA, Ltd. does not assume responsibility for identifying or notifying other interested <br /> parties of the availability of potential physical evidence items at a site or the anticipated removal by SEA, Ltd. of such <br /> items. SEA, Ltd. will advise the client if, in its judgment, third parties should be identified and notified before <br /> evidence is removed from a site. <br /> C. Third Party Custodians. Some situations require that evidence items be held by or entrusted to a third party. <br /> You authorize SEA, Ltd. to utilize the services of others to transport and/or store items of interest where <br /> circumstances require. In such situations, SEA, Ltd. will promptly request your instructions as to the further handling <br /> of items held by third parties. <br /> d. Storage and Disposal. If SEA, Ltd. receives or removes evidence or items of interest, SEA, Ltd. will provide you <br /> with an inventory of those items upon request. SEA, Ltd. will store such items pending your instructions as to <br /> further handling or disposal. SEA, Ltd. will provide storage for items on a quarterly basis with storage charges due in <br /> advance and at a rate determined by SEA, Ltd. It is the sole responsibility of the client to determine when and <br /> whether these items should be ultimately disposed of. Because other parties may have an interest in examining or <br /> preserving the items, it is the client's sole responsibility to identify such parties and to notify them of the anticipated <br /> disposal of evidence items. SEA, Ltd. may periodically request your instructions as to continued storage of items. <br /> You should consult with your counsel before authorizing SEA, Ltd. to dispose of items that may constitute physical <br /> evidence. <br /> e. Responsibility for Storage Fees. In the event that any outstanding invoice for storage fees remains unpaid sixty <br /> (60) days after issuance, or if you do not respond to SEA, Ltd.'s periodic request for instructions as to continued <br /> storage within sixty (60) days, you authorize SEA, Ltd. to either return the evidence to you or to dispose of the <br /> evidence, at SEA, Ltd.'s sole discretion. <br /> 00380406.16 <br />