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IRON MOUNTAIN INFORMATION MANGEMENT, LLC
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Last modified
7/3/2025 11:06:41 AM
Creation date
7/3/2025 10:24:14 AM
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Contracts
Company Name
IRON MOUNTAIN INFORMATION MANGEMENT, LLC
Contract #
N-2025-160
Agency
Human Resources
Expiration Date
5/1/2026
Insurance Exp Date
11/1/2025
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c. No Consequential Damages. In no event shall either party be liable for any consequential, incidental, special or <br /> punitive damages,or for loss of profits or loss of data,regardless of whether an action is brought in tort,contract or <br /> under any other theory. <br /> 9. ITAR/7rAR Compliance. Customer will not provide IM with any.Deposits(including goods,software,services,and/or <br /> technical data)that contain technical information regarding defense articles or defense services within the meaning of <br /> the U.S. International Traffic in Arms Regulations ("]TAR"), or technical data within the meaning of the U.S. Export <br /> Administration Regulations ("EAR"), or are otherwise subject to export restrictions under applicable export control <br /> regulations, including ITAR and the EAR. If during the term of the Agreement Customer determines that it can no <br /> longer comply with this Section, Customer must immediately notify IM in writing. Customer shall take no action that <br /> causes IM to be non-compliant with applicable export control laws and regulations as it relates to the Deposits. <br /> 10. Non-Custodial Status. Unless IM shall have explicitly agreed in writing,IM's performance of services shall not cause <br /> IM to be deemed a"custodian" of records or "designee" of Customer under state or federal law with respect to such <br /> records. <br /> 11. Notice of Claims. Claims by Customer must be presented in writing within a reasonable time, in no event longer than <br /> ninety(90) days after delivery or return of the Deposits to Customer,or ninety(90) days after Customer is notified of <br /> loss,damage or destruction to part or all of the Deposits. <br /> 12. Notice-of Loss..Upon confirmation by IM of.the event, any loss, damage or destruction of the Deposits, or any <br /> unauthorized disclosure which risks the confidentiality of the Deposits, shall be communicated to Customer without <br /> undue delay. <br /> 13. Payment Terms. Payment terms are net, thirty (30) days from invoice date unless otherwise specified in the Pricing <br /> Schedule(Schedule A)and/or other Schedules.Customer shall be liable for late charges totaling one and a half percent <br /> (1.5%) per month of the outstanding balance unless otherwise specified in the Pricing Schedule (Schedule A) and/or <br /> other Schedules. Invoices will be sent electronically in IM's standard format via IM's standard delivery system to <br /> Customer.Customer shall provide written notice of any charges it disputes on an invoice no later than fifteen(15)days <br /> after the invoice date.Any credit issued will appear on the next invoice. Payment of the invoice in full will constitute <br /> agreement with the terms and charges of the invoice.All payments must be electronic payment. At any time during the <br /> term of this Agreement,IM may require Customer to enroll in autopay.Autopay will be required for customers who are <br /> consistently late payers or customers who meet our revenue thresholds. Any change to the IRM standard electronic <br /> payment method must be approved by IM.All payments shall include a remittance document identifying the IM invoices <br /> to which the payment relates.Prior to delivery of Deposits upon expiration,termination, or substantial withdrawal, IM. <br /> will require full payment in advance. <br /> 14. Customer Default. If Customer fails to pay IM's charges (other than disputed charges) 60 days after the date of an <br /> invoice, IM may suspend service. If Customer fails to pay IM's charges (other than disputed charges) for three (3) <br /> months after the due date of the invoice, IM may securely destroy Deposits, provided IM shall have provided ninety <br /> (90) days' written notice to Customer and Customer shall pay IM's standard price for such destruction. Customer will <br /> be responsible and reimburse IM for any costs incurred by 1M in collecting overdue amounts,including the use of third <br /> parties and reasonable attorneys' fees.IM shall have other rights and remedies as may be provided by law. In the event <br /> 1M takes any actions pursuant to this Section 14,it shall have no liability to Customer or anyone claiming by or through <br /> Customer. <br /> 15, Termination. Either party may terminate this Agreement upon written notice to the other party in the event that the <br /> other party materially breaches the Agreement and fails to cure such default within forty-five (45) days after written <br /> notice of such default, subject to payment of the fees/charges set forth in the applicable Schedule(s). Upon the <br /> occurrence of the bankruptcy or insolvency of either party that is not discharged within sixty(60) days following any <br /> filing thereof, the other party may terminate this Agreement immediately. if Customer's financial performance <br /> materially deteriorates, 1M may suspend performance and/or modify Customer's payment terms. <br /> 16. Safe Materials and Premises. Customer shall not store with IM or place in shredding bins any material that is highly <br /> flammable,may attract vermin or insects, is otherwise dangerous or unsafe to store or handle,or is regulated by federal <br /> or state law or regulation relating to the environment or hazardous materials. Customer shall not store (or place in <br /> shredding bins) negotiable instruments,jewelry, check stock or other items that have intrinsic value. Customer shall <br /> only place paper-based materials in the shredding bins. Customer warrants and covenants that its premises where IM <br /> employees perform services (including pickups and deliveries) are and shall be free of hazardous substances or <br /> dangerous conditions. Customer shall reimburse 1M for damage to equipment or injury to personnel resulting from <br /> Customer's breach of this Section 16. <br /> 17. Purchase Orders. If a purchase order is required by Customer for payment, Customer shall issue an accurate and <br /> complete purchase order through IM's standard mediums prior to performance by IM of services. Customer will be <br /> responsible for keeping all necessary purchase order information up to date. If Customer rejects any IM invoice as a <br /> IM-5000 rev, I t/1/2022 0 2022 Iron Mountain Incorporated Page 3 of 4 <br />
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