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<br />but not limited to, punched cards, tapes (including data cartridges or cassettes, round reel, audio <br />and video), discs, diskettes and drums, the value of any such Deposits is limited to the cost of <br />replacing the physical media. City acknowledges that it has declined to declare an excess <br />valuation, for which an excess valuation fee would have been charged. <br /> <br />6. RESTRICTIONS ON DEPOSITS <br /> <br />a. The City agrees to comply with the Standard Storage Operating Procedures of Contractor. <br />The City shall not, at any time, store with Contractor, any narcotics, materials considered to be <br />highly flammable, explosive, toxic, radioactive, organic material which may attract vermin or <br />insects, or any other materials which are otherwise illegal, dangerous and unsafe to store or <br />handle in an enclosed area. Contractor reserves the right to open and inspect any record materials <br />tendered from storage and refuse acceptance of any record materials which fail to comply with <br />Contractor's storage restrictions and guidelines. City shall not store negotiable instruments, <br />jewelry, check stock, ticket stock or other items which have intrinsic market value. Unless <br />Contractor is contracted by the City to inventory the contents of all materials stored, Contractor <br />shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious <br />disappearance of goods; and Contractor shall not be liable for such loss unless the City <br />establishes such loss occurred because of Contractor's failure to exercise reasonable care. <br /> <br />7. ACCESS TO DEPOSITS <br />a. Deposits and information contained in said Deposits shall be delivered only to <br />City's Authorized Representative. City represents that the Authorized <br />Representative has full authority to order any service for or removal of the <br />Deposits, and to deliver and receive such. Such order may be given via telephone, <br />electronically, fax, in writing or in person. <br />b. When any Deposit(s) is/are ordered out, a reasonable time shall be given to <br />Contractor to carry out said instructions; and if it is unable to do so (or to provide <br />any other service herein contemplated) because of acts of God or public enemy, <br />seizure or legal process, strikes, lockouts, riots and civil commotions, third parties <br />or other reason beyond Contractor's control, or because ofloss or destruction of <br />goods for which Contractor is not liable, or because of any other excuse provided <br />by law, Contractor shall not be liable for failure to carry out such instructions or <br />services. <br />c. Contractor reserves the right to deny access to or delivery of Deposits until such <br />time as City has cured any default under this Agreement. <br />d. Authorized representatives of City shall have the right at reasonable times and <br />upon reasonable notice to examine the media and/or records and compilations of <br />data of Contractor which pertain to the performance of the provisions of the <br />Agreement. <br />e. Shipment of any Deposit(s) to City at City's request, shall be F.O.B. the location <br />of Contractor's storage facility, and Contractor shalI not be liable for any such <br />transportation charges or for any damage or loss of any City Deposit( s) in transit. <br />If Deposits are placed in the custody of a common carrier for transportation, the <br />common carrier shall be solely responsible for any loss or destruction of, or <br />damage to, such Deposits while in the custody of the common carrier. <br /> <br />3 <br />