EFTA00313920.pdf

California Cryobank Specimen Storage Agreement 10.4 (Amendment: Assignment; Entire Agreement)). or by a written document signed by Client and an authorized spouses. executors. representative of Cryobank. The Agreement shall be binding upon the Parties and thee respective heirs, employees. administrators. agents. representatives. successors and assigns. shareholders, directors. officer and to this Agreement Electronic Delivery. Tele-facsimile. scanned ancllor eme.ied copes of manually executed signature pages will be fully binding and enforceable without the need for delivery of the original manually executed signature page 10.5 Arbitration mutually acceptable to All disputes. which arise under this Agreement. shall be referred to and reso:ved by a single arbitrator parties cannot mutually agree to an arbitrator within forty-five (45) days after either party demands arbitration. both parties. If the according to that organization's then the arbitration shall be conducted by ADR Services. Inc and the arbtrator shall be selected to Conduct the arbitration. then the procedures and its rules shall govern. If ADR Semites. Inc. is for any reason not available arbitration shall be conducted by the American Arbitration Association and the arbitrator shall be selected according to its 1280 to 1289 of the procedures and its rules shall govern. Arbitration shall be conducted in Los Angeles. California_ Sections Code of Civil Procedure shall govern. The decision of the arbitrator shad be final and binding and may be entered in California and enforced by any court of competent jurisciction. confidential and non-public and the All information resulting from or otherwise pertaining to any dispute shall deemed to be do not) disclose to parties agree not to (and shat use commercially reasonable efforts to ensure that their respective agents any third party such information. 10.6 Waiver subsequent Any waiver by a party of any breach of any provision of this Agreement will not be deemed to be a waiver of any breach of that provision. or of any breach of any other provision of this Agreement 10.7 Notices effective as of the date Any notices required or permitted to be provided to a party hereunder shall be in writing and shall be or by electronic transmission (to the email address or tele-facsimile number indicated beneath such personally delivered sent certified or registered. party's signature hereto) or three (3) days after deposit in the United States mail, postage prepaid, email address, addressed to the party at the address set forth beneath such party's signature hereto or at such other address. or tee-facsimile number as a party may request in writing be used for that purpose. tele-facsimile number for Client acknowledges that it is Client's obligation to provide correct mailing and email addresses, and Client at all times during the term hereof. 10.8 Force Maieure control. including Cryobank is not liable for any failure to fulfill is obligations hereunder due to causes oeyond its reasonable telecommunications failures. acts or omissions of government or netary authority. acts of God. shortages of materials. transportation delays, earthquakes, fires. floods. labor deturbances. nots or wars. 10.9 Exhibits has had the Each of the completed exhibib are included and made a part of this Agreement Client acknowledges that Client he/she fully opportunity to discuss the provisions of this Agreement with Clients attorney. and Client acknowledges that Agreement and has signed rt willingly and voluntarily, regardless of whether or not Client has understands the content of this chosen to so consult with such Attorney. prior to the execution of this Agreement 10.10 Counterpart Signatures; Electronic Delivery each of which This Agreement may be executed in separate counterparts and by the parties NEMO n separate counterparts. deemed an original. but all of which counterparts shall constitute one and the same when executed and delivered shall be will be fully instrument Tele-facsimile, scanned ancllor emailed copes of manually executed signature pages to the Agreement binding and enforceable without the need for delivery of the original manuay executed signature page [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW California Crionank tea, Propnefam document. I. nauthoriad mr or dlmnbutite uilthotie prior CCB consent n prowtkitei. REP-CDP-F007 1.1 Page 6 of 8 EFTA00313920