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Special Risks or Circumstances Owner reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 5. Indemnity. Neither party shall be responsible for any consequential damages, lost profits, expenses, or costs in connection with the storage of Equipment. Each party hereby agrees to indemnify, defend and hold harmless, the other party from and against any and all costs, expenses, claims, damages, fees, penalties, suits, actions, proceedings, losses, liabilities, and other obligations ("Claims"), including reasonable attorney's fees, resulting solely from the negligence or willful misconduct of the indemnifying party, connected with the storage of the Equipment at the Designated Facility. 6. Notice. Any notice to be given under this Agreement shall be in writing. Notices shall be effective if transmitted by facsimile, hand delivered, sent by recognized overnight delivery service, or United States first-class mail, postage prepaid, addressed to the parties identified in Paragraph 8 at the address listed in this paragraph. Notices may also be accepted electronically via email to the recipients listed in Paragraph 8, provided that Owner has received a return email acknowledgement from one or more of the recipients listed. Notices given by facsimile transmission, overnight delivery service or email shall be effective the first business day after the notice was submitted. Notices by hand shall be effective upon delivery. Notices given by United States first-class mail shall be deemed effective upon receipt. Notices provided by mail shall be sent to: Quinn Power Systems P.O. Box 226789 Los Angeles, CA 90022-0489 Default. Should Owner in any way fail to observe or comply with any provision of this Agreement, Quinn may, at its sole option and, without notice or demand, exercise any and all of the following remedies: a. Termination of this Agreement; b. Declare any outstanding storage fees due and payable and initiate legal process to recover the monies; c. Demand the Equipment to be removed from the Designated Facility as per Condition 8 below; d. Pursue any of the remedies available to Quinn under California law (exercise of any remedy available to Quinn shall not constitute an election of remedies or a waiver of any additional remedies to which Quinn may be entitled). 8. Termination. Quinn may terminate this Agreement at any time upon fifteen (15) days' prior written notice to Owner. Owner may terminate this Agreement at any time upon five (5) business days' prior written notice to Quinn. Upon termination of this Agreement, Owner shall remove the Equipment from the Designated Facility. Owner shall arrange for the packing and transportation of the Equipment from the Designated Facility, and shall pay any and all costs of packing, shipping and transporting the Equipment, and any other costs that may be incurred in the removal of Equipment from the Designated Facility. 9. Entire Agreement; Amendment. This Agreement represents the entire agreement of the parties concerning the matters set forth herein and therein. This Agreement may only be modified or amended by an agreement in writing executed by each of the parties. 10. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by, and shall be construed and enforced in accordance with, the laws of the state of California, without regard to conflicts of laws.