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7 <br />TERMS AND CONDITIONS <br /> <br />The following terms and conditions shall apply to this agreement. <br /> <br />1. STORED MATERIAL-Company shall store the Stored Material identified by Client on the Records <br />Transmittal Form (a sample of which is attached hereto as Exhibit B). Client and Company may change, <br />delete or add to the Stored Material by written agreement only. Additional materials shall, unless otherwise <br />indicated in writing, be deemed to be held under these same terms and conditions and shall be considered <br />part of the Stored Material. <br /> <br />2. ACCEPTANCE-In the absence of an executed contract, Client’s act of tendering material for storage to <br />Company constitutes acceptance by Client of the terms, conditions and rated contained within this <br />agreement. <br /> <br />3. RATES-Client agrees to pay Company according to Company’s then current rate schedule. A copy of the <br />Company’s current rate schedule is attached hereto as Schedule A. Payment in full is due in advance on <br />the first day of the month. Rates may be changed upon thirty (30) days notice to Client, but shall not be <br />increased by more than the percentage increase in the cost of living for the preceding twelve (12) month <br />period as determined by reference to the Consumer Price Index for all Urban Consumers (1982-84=102) as <br />published by the Bureau of Labor Statistics of the Department of Labor. For Stored Material received <br />during a month, or stored for a portion of a month, charges will be assessed according to the Schedule A <br />rates then in effect. Additional charges, if any, shall be paid simultaneously with the regular monthly rates. <br /> <br />4. CLIENT AUTHORIZED REPRESENTATIVES-Client must designate all individuals that are authorized <br />to have access to the Stored Material by identifying said individuals on Company’s Access Authorization <br />form (a sample of which is attached hereto as Schedule C). Only the Authorized Representative and <br />Secondary Authorized Representative may authorize destruction of the Stored Material. <br /> <br />5. ACCESS TO STORED MATERIALS <br /> <br />5.1 Company shall conduct services pertaining to the Stored Material only pursuant to direction of <br />Client’s agent(s) identified by Client on Company’s Access Authorization form. Client represents <br />that the Authorized Representative and the Secondary Authorized Representative have full authority <br />to order all services that pertain to the Stored Material including, but not limited to, removal and <br />destruction of Stored Material. <br /> <br />5.2 The Company reserves the right to deny access to or delivery of the Stored Material until such time as <br />Client has cured any default under this agreement. <br /> <br />6. ACT OF GOD OR FORCE MAJEURE-An “act of God” or “force majeure” is defined for p urposes of this <br />agreement as strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, <br />unusual transportation delays, riots, floods, washouts, explosions, earthquakes, fire storms, weather <br />(including wet grounds or inclement weather), acts of a public enemy, terrorist act, wars, insurrections, <br />national emergency, shortage of labor or materials, and/or any other cause not reasonably within the control <br />of the Company or which by the exercise of due diligence Company is unable, wholly or in part, to <br />overcome. <br /> <br />7. LIMITATION OF LIABILITY <br /> <br />7.1 Company’s liability, if any, for loss, damage, or destruction to the Stored Material not caused by <br />Company’s negligence shall be limited to the assumed value of the Stored Material, which is agreed to <br />as follows: <br /> <br />DocuSign Envelope ID: 2A625151-A0A5-4550-AF52-91CBC3DDBC3C