EFTA00313873.pdf

California Cryobank Specimen Storage Agreement 7. IN THE EVENT OF DEATH OF CLIENT by initialing the appropriate box Client Client may elect one of the following two provisions to apply in the even! of the death of Client. and hereby instructs (the "Instruction) Cryobank in the event of such death to: 1 Discard the Client Specimens' by thawing and discarding following then applicable approved A. ( Cryobank procedure, or of B. 11(1 Release all Client Specimens to Clients legal representative. or the executor or administrator Client's estate (each referred to herein as the "Legal Representativ e') who shall promptly provide Cryobank with instructions on how the Specimens will be disposed that Client may wish to confer with Client acknowledges that Cryobank is not providing and cannot provide Client with legal advice and regarding Clients will and/or estate planning in connection with making any erica under this section. Client also experienced counsel THAT CLIENT MAY HAVE SELECTED INSTRUCTION A ABOVE. Cryobank acknowledges that. NOTWITHSTANDING THE FACT of such Specimens in a way other may not be abe to comp:y with such instruction in the event that a is ordered by a court to dispose to the Clients Legal than that described in Instruction A above. including. without limitation, an order to release the Specimens Representative (or as directed by the Legal Representativ e) or other individual or entity. Representative Client acknovAedges and agrees that Cryobank will not release the Specimens to We Clients Legal requirements: pursuant to Instruction B above until the Legal Representative meets the following release a) The Legal Representative must provide Cryobank with a copy of Client's death ceitficate. m sole b) The Legal Representative must provide to Cryobank written venfication reasonably sufficient Cryobank's and exclusive opinion that such Legal Representative has legal authority to represent Client's estate. provides Cryobank C) If, and as determined in Cryobank's sole and exclusive discretion, the Legal Representative wth a written agreement to indemnify and hold Cryobank harmless from and against any claims or actions brought by any person or entity contesting Cryobank's aeon in releasing the Specimens to the Legal Representative upon compliance with all In addition. Cryobank's release of Specimens to the Legal Representative shall be subject to. and conditioned then applicable laws. rules and regulations concerning the testing and release of Specimens. discretion, wth Cryobank reserves the right to deny the release of any Specimens unless and untl it is satisfied. in its sole and absolute the identification and authority of. and other information provided by the Legal Representative . to dspose of the If Cryobank is unable, after using reasonable efforts for thirty (30) days from its becoming aware of the death of Client discretion Specimens as provided in Instruction B above of the Section 7, Cryobank shall have the absolute right in its sole and absolute to destroy the Specimens 8. CONFIDENTIALITY shall be Cryobank agrees to use reasonable efforts to maintain the COnfxlentiality of information provided by Client. This provision requested by any government agency or public authority inadvertent disclosures due deemed not to restrict disclosure required by law. whether or not to the unintentional release of information. disclosures resulting from media attention. disclosures made by individuals, Cryobank employed by Cryobank disclosures of information by computer hackers or any other type of intruder acting without laboratory or any health care provider requesting information for the claimed authorization releases of information to the hospital as part of a purpose of providing service to Client disclosures to professional consultants or advisors to Cryobank, or disclosures potential or actual sale. transfer or assignment of any or all rights or obligations of Cryobank under this Agreement. California CD oho nk Pruprw tar,disc uow at. I. noultworiard unc w thotributioa without run" Ctit cement is prohibited. REP-CDP-F007 1.1 Page 4 of 8 EFTA00313873