Common use of Account in Default Clause in Contracts

Account in Default. If FFC has not received payment in full of any and all amounts due from the Client on the execution of the initial storage or continued storage after 60 (sixty) days from the original due date then Client’s account shall be considered in default (the “Default Date”). FFC shall provide written notice to the Client after the Default Date notifying Client that his/her account with FFC is in default. If there is no response by the Client or estate (in the case of death) within thirty (30) days of contact, FFC will send a final notice by certified U.S. Mail to the last mailing address provided by Client, advising Client that he/she will have 30 days from the mailing of that notice to pay the storage fee. FFC shall have the right at is sole discretion to skip trace the client and will charge a fee of $250 for this service. This policy extends to include email or contact information that is returned unopened. Initials: / If your account is in default, then FFC shall have the right to send the account to collections. An additional charge of $1,500 dollars shall be administered to the fee for collections plus all additional fees as charged by the collection agency including but not limited to collection fees and surcharges, court costs, attorney fees, mailings and processing charges. Initials: / The client understands that human reproductive tissues are under the general guidelines of the American Society of Reproductive Medicine (ASRM) which requires storage facilities such as FFC to contact the patient for their authority for final disposition. As result, should the Client not respond, FFC, at its sole discretion, can use any legal remedies to collect outstanding fees including but not limited to court actions, legal representation, small claims court and or collection agency activities. In the event of utilizing any of these options, the Client understands, agrees and authorizes: 1. FFC may, in its sole discretion, refer Client’s account to an attorney or collection agency for collection of any default in payment. Client agrees a $1,500 charge will be assessed for retaining the attorney or collection agency and Client further agrees to pay all costs of the collection, including but not limited to all additional fees charged by the collection agency and/or attorney in the course of its service in settling the account. Initials: / _ 2. Until disposition forms are signed and notarized and the tissues are in default for non-payment, FFC may change yearly fees of $1200 (not refundable for any portion) until the final disposition forms are completed to the sole satisfaction of Family Fertility CryoBank. Initials: / _ 3. The Client recognizes that even in the case of bankruptcy, tissues are still in storage at FFC. Because of governmental regulations that do not permit us to destroy tissues at that specific time, the client agrees that they are still under contract with Family Fertility CryoBank. If the account is NOT settled prior to the date of bankruptcy, then upon legal declaration of the bankruptcy, the contract / agreement for continuing storage shall be considered fully in place for 1 year at the cost of $1,200, Signing this agreement is recognized that these terms are understood and agreed to by the client. The agreement shall continue upon the same terms and conditions with the exception that all costs to the date of bankruptcy will legally dissolved; however, a new charge of $1200 for one year charge shall be applied to the Client’s account and is to be paid within 30 days of the date of bankruptcy or the account shall be considered in default. Initials: /

Account in Default. If FFC has not received full payment in full of any and all amounts due to FFC from the Client on the execution of the initial storage or continued storage after 60 before sixty (sixty60) days from after the original due date then Client’s account shall be considered beginning of any storage contract period, or renewal thereof, the Client is in default (the “Default Date”). FFC shall provide written notice to the Client after the Default Date notifying Client that his/her account with FFC is in default. If there is no response by the Client or estate (in the case of death) within thirty (30) days of contact, FFC will send a final notice by certified U.S. Mail to the last mailing address provided by Client, advising Client that he/she will have 30 days from the mailing of that notice to pay the storage fee. FFC shall have the right at is sole discretion to skip trace the client and will charge a fee of $250 for this service. This policy extends to include do so should email or contact information that is be returned unopened. Initials: / If your account is in default, then FFC shall have the right to send the account to collections. An additional charge of $1,500 dollars shall be administered to the fee for collections plus all additional addition fees as charged by the collection agency including but not limited to collection fees and surcharges, court costs, attorney fees, mailings and processing charges. Initials: / The client understands that human reproductive tissues are under the general guidelines of the American Society of Reproductive Medicine (ASRM) ASRM which requires storage facilities such as FFC to contact the patient for their authority for final disposition. As result, should the Client not respond, FFC, at its sole discretion, can use any legal remedies to collect outstanding fees including but not limited to court actions, legal representation, small claims court and or collection agency activities. In the event of utilizing any of these options, the Client understands, agrees and authorizes: 1. FFC may, in its sole discretion, refer Client’s account to an attorney or collection agency for collection of any default in payment. Client agrees a $1,500 charge will be assessed for retaining the attorney or collection agency and Client further agrees to pay all costs of the collection, including but not limited to all additional fees charged by the collection agency and/or attorney in the course of its service in settling the account. Initials: / _/ 2. Until disposition forms are signed and notarized and the tissues are in default for non-payment, FFC may change yearly fees of $1200 (not refundable for any portion) until the final disposition forms are completed to the sole satisfaction of Family Fertility CryoBank. Initials: / _/ 3. The Client recognizes that even in the case of bankruptcy, tissues are still in storage at FFC. Because of governmental regulations that do not permit us to destroy tissues at that specific time, the client agrees that they are still under contract with Family Fertility CryoBank. If the account is NOT settled prior to the date of bankruptcy, then upon legal declaration of the bankruptcy, the contract / agreement for continuing storage shall be considered fully in place for 1 year at the cost of $1,200, Signing this agreement is recognized that these terms are understood and agreed to by the client. The agreement shall continue upon the same terms and conditions with the exception that all costs to the date of bankruptcy will legally dissolved; however, a new charge of $1200 for one year charge shall be applied to the Client’s account and is to be paid within 30 days of the date of bankruptcy or the account shall be considered in default. Initials: / Please note that should the client want to donate any human materials at any time to a non-sexually intimate partner, then additional testing at the time of donation (freezing) IS REQUIRED. Please be sure to ask what additional tests and their cost or you may NOT be able to donate to other people. Initials: /