25B - AGMT - PD SOFTWARE SYS - Laserfiche WebLink

Home Browse Search

EXHIBIT C RELEASE OR DEPOSIT MATERIAL Deposit Account Number: l 6i 1 Iron Mountain will use the following procedures to process any Beneficiary Work Request to release Deposit Material. 1. Release Conditions. Depositor and Beneficiary agree that Iron Mountain will provide notice via commercial express mail to the Depositor if a Beneficiary under this Agreement submits a Deposit Material release Work Request based on one or more of the following conditions (defined as "Release Conditions "); (t) Broach of the License Agreement by the Depositor for the Deposit Material covered under this Agreement; or (it) Failure of the Depositor to function as a going concern or operate in the in the ordinary course; or (iii) Depositor is subject to voluntary or involuntary bankruptcy. 2. Release Work Request, A Beneficiary may submit a Work Request to Iron Mountain to release the Deposit Material covered under this Agreement. Iron Mountain will send a written notice of this Beneficiary Work Request within five (5) business days to the authorized Depositor representative(s). 3. Contra +Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representatives) shall have ten (10) business days to deliver to Iron Mountain contrary instructions ( "Contrary Instructions "). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary instructions shall be an company letterhead and signed by an authorized Depositor representative. Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (I) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (it) dispute resolution pursuant to the Disputes provisions of this Agreement; or (,Iii) receipt of an order from a court of competent jurisdiction. 4. Release of Deposit Material, If Iron Mountain does not receive Contrary Instructions from an authorized Depositor representative, Iron Mountain is authorized to release Deposit Material to the Beneficiary or, if more than one Beneficiary is registered to the deposit, to release a copy of Deposit Material to the BenefMary, Iron Mountain is entitled to receive any uncollected Service fees due Iron Mountain from the Beneficiary before fulfilling the Work Request to release Deposit Material covered under this Agreement. This Agreement will terminate upon the release of Deposit Material held by Iron Mountain. 5. Right to Use Following Release. Beneficiary has the right under this Agreement to use the Deposit Material for the sole purpose of continuing the benefits afforded to Beneficiary by the License Agreement. Notwithstanding, the Beneficiary shall not have access to the Deposit Material unless there is a release of the Deposit Material in accordance with this Agreement. Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Material, MA3-100105 NA 25B -137 Pagel 1 of 16