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<br />Upon the occurrence of any Event of Default by Company, Client may exercise any rights and
<br />remedies that it may have against Company at law in equity.
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<br />9.3 After any Event of Default, Client shall continue to pay all sums due hereunder up to and including, if
<br />applicable, the date of delivery of the Stored Material as provided in 9.2(b) above.
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<br />In the event Company takes any action pursuant to this section in a commercially reasonable manner,
<br />it shall have no liability to Client or anyone claiming through Client. The exercise by Company of
<br />any one or more of the remedies provided in this agreement shall not prevent the exercise by
<br />Company of any of the other remedies herein provided. All remedies provided for in this agreement
<br />are cumulative and may, at the election of Company, be exercised alternatively, successively or in any
<br />other manner and are in addition to any of the rights provided by law. Company shall be entitled to
<br />include all reasonable attorneys’ fees and costs incurred in connection with the enforcement of this
<br />agreement.
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<br />10. DESTRUCTION OF RECORDS-Upon written instruction from Client’s Authorized Representative or
<br />Client’s Secondary Authorized Representative, Company shall 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 />written instruction. The Company may also destroy the Stored Materials in accordance with Section 9.2 (c)
<br />of this agreement.
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<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.
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<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 damages, (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. Each party hereby agrees to indemnify the other party and hold it harmless from
<br />any liability, loss, expense or claim (including, but not limited to reasonable attorney’s fees) arising out of
<br />such damage or injury caused by an act or omission of such party. Nor shall either party be liable to the
<br />other for any loss or damage that may be occasioned by or through the acts of omissions of others persons
<br />whomsoever, excepting only duly authorized employees and agents of a party acting within the scope of
<br />their authority. Unless caused by the negligence, of the other party, each party agrees to fully indemnify
<br />and hold harmless the other, its officers, employees and agents for any liability, cost or expense, including
<br />reasonable attorneys’ fees, that a party may suffer or incur as a result of claims, demands, costs or
<br />judgments against it arising out of its relationship with the other party.
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<br />13. RULES
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<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.
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<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.
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<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 />DocuSign Envelope ID: 2A625151-A0A5-4550-AF52-91CBC3DDBC3C
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