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8 <br />(a) for Stored Material that is stored according to Company’s hardcopy rates: $2.25 per cubic foot <br />for Stored Material stored at the “per box” rate or $2.25 per linear foot for Stored Material stored <br />at the “open shelf file storage” rate; and, <br />(b) for Stored Material that is stored according to Company’s Media Vault rates: $50.00 per <br />magnetic tape, $7.00 per microfilm roll, $50.00 per data cartridge, or $1.50 per computer diskette. <br /> <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 <br />cause of loss, damage, or destruction of the Stored Material. <br /> <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 /> <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 /> <br />7.4 Claims by Client for loss, damage or destruction must be presented in writing to Company within <br />sixty (60) days of the date on which Client is notified or learns of the loss, damage or destruction to <br />part or all of the Stored Material has occurred. <br /> <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 <br />been given as provided in Section 7.4 of this agreement. <br /> <br />7.6 When services pertaining to the Stored Material are requested by Client, a reasonable time shall be <br />given to Company to complete said services and, if Company is unable to perform the requested <br />service (or to provide any other service herein contemplated) because of force majeure, acts of God or <br />because of loss or destruction which the Company is not liable, or because of any other excuse <br />provided by law, the company shall not be liable for failure to carry out such instructions or services. <br /> <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 /> <br />9. DEFAULT <br /> <br />9.1 The occurrence of any one of more of the following events shall constitute a default of this agreement <br />(“Events of Default”): <br /> <br />a. failure to pay any sum due hereunder; or <br />b. breach of any provision of this agreement; or <br />c. Client or Company becomes insolvent or files, or has filed against it, any proceeding in federal or <br />state court seeking debtor relief. <br /> <br />9.2 Upon the occurrence of any Event of Default by Client, Company, and its sole option, may exercise <br />any or all of the following remedies without terminating Client’s obligations under this agreement: <br /> <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 <br />which shall be billed to Client. Client acknowledges that since the Stored Material has little or no <br />market value, sale of the Stored Material would be impossible, and destruction is the only way for <br />the Company to mitigate its damages. <br />d. terminate this agreement, whereupon Company, shall recover all damages suffered by reason of <br /> such Event of Default. <br /> <br />DocuSign Envelope ID: 2A625151-A0A5-4550-AF52-91CBC3DDBC3C