EFTA00313848.pdf

California Cryobank Specimen Storage Agreement 4. RELEASE OF SPECIMENS of such forms as Upon Clients written request and verification of identity (to Cryobank's reasonable satisfaction. including completion determines to be appropriate), Cryobank will ship Specimens to Client or to Clients designated medical facility via a Cryobank by the carrier. Client acceps commercial carrier shipping service Specimens will be deemed to be retrieved by Client when accepted full responsibility for the Specimens during and following such shipping 5. TERMINATION any one of the following evens Notwithstanding any other provisions herein. this Agreement shall terminate upon the occurrence of (each a 'Terminating Even'). a) Termination by Cryobank pursuant to Section 1 (Speamen Storage)_ completion of b) Written instruction of Client with a verification of Client identity (to Cryobank's reasonable satisfaction, including Cryobank determines to be appropriate) to terminate this Agreement and to direct destruction of all Client such forms as, Specimens. completion of C) Witten instruction of Client with a verification of Client identity (to Cryobank's reasonabe satsfaction. Including such tams as Cryobank determines to be appropriate) to terminate this Agreement and to direct the transfer of Client Specimens to another designated facility. by Client in Seaon 7 (in d) Upon the notification of the death of the Client and the disposition of the Cient Specimens as specified the Event of Death of Client). e) Termination by Cryobank in connection with default in payment by Client as described in Section 3 above in a) above. there Except as described in Section 1 (Specimen Storage) with respect to a Terminating Event described clause shall be no refund of storage or any other tees upon termination of this Agreement. Client Specimens snap cease and. in Upon the occurrence of any Terminating Event, all obligations of Cryobank for storage the the absence of instructions in accordance with this Agreement from Client (or Clients Legal Representative) relating to Specimens. Client shall retneve any remaining stored Specimens within thirty (30) calendar days. If Client disponi-on of Client any fails to retrieve the Specimens within said thirty (30) day period. Cryobank may. at its sole and absolute discretion, discard or all of the Client Specimens remaining in storage with Cryobank. The provisions of Sections 3 through 10 of this Agreement shal survive its termination for any reason. 6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES 6.1 Acknowledgement of Risks and Release of Liability freezing, Client has been adviser, and andestands that there are inherent risks in the process of collecting, testing, processing. and thawing semen. including but not limited to damage to the sperm. reduced capacity for fertilization and storing. shipping. against any reduced :fe span of the sperm after thawing. Client acknowledges and agrees that Cryobank does not guarantee reason, including possible loss degradation, spoilage. contamination or the Ike of any portion or all of the Specimens for any but not without limitation, as a result of Cryobank's negligence or as a result of circumstances beyond Cryobank's control (including limited to fire. power outage. natural disaster, terrorist attack or act of war) Client agrees that except as set forth in liquidated hereby Damages' below, Client shall not be entitled to any form of damages, compensation. recovery or reimbursement. and releases Cryobank from all liability in connection with any loss. damage or destruction of the Specimens due to the risks described in this paragraph or otherwise 6.2 ag...Qtrugga the loss. injury. The parties stipulate and agree that it would be impracticable and extremely cifficult to fx actual damages for damage. or destruction of Specimens stored under this Agreement. In accordance with California Civil Code Section 1671. the parties hereby agree that in the event of the loss, +wry. damage or destruction of the Specimens caused by Cryobank's negligence or failure to exercise reasonable care in providing storage of the Specimens, liquidated damages shal. be the amount of aggregate storage fees paid to Cryobank for the storage of such Specimen hereunder. The parties stipulate and agree that this declared value is a limit of liability n accordance with California Civil Code Section 1840. Cakiwnia tryob.mk (('0' Proprwtar, due taw.% L riautbirind tne alhistbution prior (CS (omen REP-CDP-F007 1.1 Page 2 of 8 EFTA00313848