IRON MOUNTAIN INFORMATION MANAGEMENT, LLC (3)

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been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. Limitation on Liability. Liability for Non -Storage Services. With respect to services not related to the storage of Deposits, Consultant shall not be liable for any loss or default unless such loss or default is due to the negligence of Consultant. If liable, the amount of Consultant's maximum liability for any loss or default shall be: (i) if such loss or default relates to a discrete project, the total fees paid by City to Consultant for such project; or (ii) if such loss or default arises from services that are of an ongoing and continuing nature, the total amount of fees paid by City to Consultant for the performance of such services during the immediately preceding twelve-month period.. No Consequential Damages. In no event shall either party be liable for any consequential, incidental, special or punitive damages, or for loss of profits or loss of data, regardless of whether an action is brought in tort, contract or under any other theory. 21. Limited Warranty. Consultant warrants that the services provided under this Agreement will be performed in accordance with industry standards as set forth by ANSI/ASQC (American National Standards Institute/American Society for Quality Control), specifically ANSI/ASQ Z1.4-2004, Sections 4 and 9 incorporated herewith by reference, described in the Consultant's Statement of Work, and will be provided in substantial conformance with Consultant -supplied documentation applicable to the services. This warranty is limited and shall not apply to any of the services where the failure to satisfy this warranty resulted, in whole or in part, from City's improper use of the services. In the event of Consultant's breach of the foregoing warranty, City's exclusive remedy and Consultant's entire liability shall be for Consultant to promptly re -perform the applicable services, at no charge, and bring the performance of the services into compliance with the terms of this warranty. The warranties set forth above are the sole and exclusive warranties of Consultant under this agreement and are in lieu of any and all other warranties, whether express, statutory or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose or use. All such other warranties are hereby disclaimed by Consultant and waived by City. The existing warranties extend only to City. Consultant will not be liable for any third party claim or demand against City in connection with this section. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable fees and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 9 of 11 #329503vl