Common use of Provision of Storage and Related Services Clause in Contracts

Provision of Storage and Related Services. (a) Warehouse Operator shall provide the warehousing, storage, receipt, handling, delivery, and additional services that are described in this Agreement (collectively, the “Services”) for the goods described on the attached Exhibit A (the “Goods”) on behalf of Customer, which Goods are tendered for storage by Customer from time to time under this Agreement. For the sake of clarity, to the extent that the Goods contain any batteries or battery components, such Goods are classified as Class 9 “Dangerous Goods” subject to special handling procedures, in consideration of which the Parties shall mutually agree on an additional handling and storage fee prior to Warehouse Operator’s acceptance of any such Goods, notwithstanding anything to the contrary in this Agreement. Warehouse Operator shall provide the Services only in its facilities identified on the attached Exhibit B (the “Warehouse”), and for the fees and costs set forth on the attached Exhibit C. (b) The terms and conditions of this Agreement (including all Exhibits attached hereto, which are incorporated herein by reference), together with the Specific Terms (defined below) contained in any warehouse receipts issued by Warehouse Operator for the Goods stored under this Agreement, constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. (c) Customer acknowledges that Warehouse Operator will only issue non-negotiable warehouse receipts that will include: (i) the date of issue; (ii) a description of the Goods tendered; and (iii) a warehouse receipt number (the “Specific Terms”). The parties acknowledge and agree that, except with respect to the Specific Terms, if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any warehouse receipt issued to Customer in connection with the Goods, the terms and conditions of this Agreement shall supersede and control. The parties expressly exclude any of Warehouse Operator’s general terms and conditions contained in any warehouse receipt or other document issued by Warehouse Operator, which are hereby expressly rejected by Customer, whether given prior to or after the Effective Date of this Agreement.

Provision of Storage and Related Services. (a) Warehouse Operator shall provide the warehousing, storage, receipt, handling, delivery, delivery and additional related services that are described in this Agreement (collectively, the “Services”) for the goods described on the attached Exhibit A 1 (the “Goods”) on behalf of CustomerDepositor, which Goods are tendered for storage by Customer Depositor from time to time under this Agreement. For the sake of clarity, to the extent that the Goods contain any batteries or battery components, such Goods are classified as Class 9 “Dangerous Goods” subject to special handling procedures, in consideration of which the Parties shall mutually agree on an additional handling and storage fee prior to Warehouse Operator’s acceptance of any such Goods, notwithstanding anything to the contrary in this Agreement. Warehouse Operator shall provide the Services only in its facilities facility identified on the attached Exhibit B 2 (the “Warehouse”). The Parties acknowledge and agree that each is subject to an agreement with Flowspace, Inc. (“Flowspace”) related to the Services (the “Flowspace Agreement”). In connection with the Flowspace Agreement, the Parties have agreed on the scope of the Services, the identity of the Goods and the Warehouse, and for payment terms with respect to the fees and costs subject matter hereunder. Nothing herein (including Section 1(c) below) shall serve to supersede or amend either Party’s obligations set forth in the Flowspace Agreement. (b) If Warehouse Operator provides additional services, including the special handling services set forth on the attached Exhibit C.3 and as agreed in connection with the Flowspace Agreement, it shall provide them (i) for the additional fees agreed in the Flowspace Agreement, and (ii) solely as agent for Depositor, and not as a bailee or warehouseman. (bc) The terms and conditions of this Agreement (including all Exhibits attached hereto, which are incorporated herein by reference)Agreement, together with the Specific Terms (defined below) quotations, terms and conditions contained in any warehouse receipts issued by Warehouse Operator for the Goods stored under this Agreement, constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement, and supersede supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. (cd) Customer Depositor acknowledges that Warehouse Operator will only issue non-negotiable warehouse receipts that will include: receipts. (ie) the date of issue; (ii) a description of the Goods tendered; and (iii) a warehouse receipt number (the “Specific Terms”). [The parties Parties acknowledge and agree that, except with respect to the Specific Terms, that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any warehouse receipt issued to Customer Depositor in connection with the Goods, the terms and conditions of this Agreement shall supersede and control. The parties expressly exclude any of Warehouse Operator’s general terms and conditions contained in any warehouse receipt or other document issued by Warehouse Operator, which are hereby expressly rejected by Customer, whether given prior to or after the Effective Date of this Agreement.]

Provision of Storage and Related Services. (a) Warehouse Operator shall provide the warehousing, storage, receipt, handling, delivery, and additional related services that are described in this Agreement (collectively, the “"Services”") for the goods described on the attached Exhibit A (the “Goods”) on behalf of Customer, which Goods are tendered for storage by Customer Depositor from time to time under this Agreement. For the sake of clarity, to the extent that the Goods contain any batteries or battery components, such Goods are classified as Class 9 “Dangerous Agreement ("Goods” subject to special handling procedures, in consideration of which the Parties shall mutually agree on an additional handling and storage fee prior to Warehouse Operator’s acceptance of any such Goods, notwithstanding anything to the contrary in this Agreement"). Warehouse Operator shall provide the Services only in its facilities identified on the attached Exhibit B located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ (the “"Warehouse”"), and for the fees and costs set forth on the attached Exhibit C.. (b) If Warehouse Operator provides additional services, including special packing or handling services, it shall provide them (i) for the additional fees in effect and agreed to in writing at the time Depositor requests the special services, and (ii) solely as agent for Depositor, and not as a bailee or warehouseman. (c) The terms and conditions of this Agreement (including all Exhibits attached hereto, which are incorporated herein by reference)Agreement, together with the Specific Terms (defined below) contained in any written price quotations, and warehouse receipts issued by Warehouse Operator for the Goods stored under this Agreement, constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement, and supersede supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. (cd) Customer This Agreement, price quotes, and related warehouse receipts for each tender of Goods hereunder constitute a “Warehouse Receipt” for the purposes of Article 7 of the Uniform Commercial Code as enacted in the State of Texas. The Parties further acknowledge that Warehouse Operator utilizes an electronic warehouse management system (“WMS”). Entries in the WMS shall include the warehouse location, date, description, number, weight of the Goods, price reference, and the signature of the person receiving the Goods. This Agreement incorporates the information stored in the WMS by reference. (e) Depositor acknowledges that Warehouse Operator will only issue non-non- negotiable warehouse receipts that will include: receipts. (if) the date of issue; (ii) a description of the Goods tendered; and (iii) a warehouse receipt number (the “Specific Terms”). The parties acknowledge and agree that, except with respect to the Specific Terms, that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of in any warehouse receipt issued to Customer in connection with the Goodsother document, then the terms and conditions of this Agreement shall supersede and control. The parties expressly exclude any of Warehouse Operator’s general terms and conditions contained in any warehouse receipt or other document issued by Warehouse Operator, which are hereby expressly rejected by Customer, whether given prior to or after the Effective Date of this Agreement.

Provision of Storage and Related Services. (a) Warehouse Operator shall provide the warehousing, storage, receipt, handling, delivery, and additional related services that are described in this Agreement (collectively, the “"Services”") for the goods described on the attached Exhibit A (the “Goods”) on behalf of Customer, which Goods are tendered for storage by Customer Depositor from time to time under this Agreement. For the sake of clarity, to the extent that the Goods contain any batteries or battery components, such Goods are classified as Class 9 “Dangerous Agreement ("Goods” subject to special handling procedures, in consideration of which the Parties shall mutually agree on an additional handling and storage fee prior to Warehouse Operator’s acceptance of any such Goods, notwithstanding anything to the contrary in this Agreement"). Warehouse Operator shall provide the Services only in its facilities identified on the attached Exhibit B facility located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “"Warehouse”"), and for the fees and costs set forth on the attached Exhibit C.. (b) If Warehouse Operator provides additional services, including special packing or handling services, it shall provide them (i) for the additional fees in effect and agreed to in writing at the time Depositor requests the special services, and (ii) solely as agent for Depositor, and not as a bailee or warehouseman. (c) The terms and conditions of this Agreement (including all Exhibits attached hereto, which are incorporated herein by reference)Agreement, together with the Specific Terms (defined below) contained in any written price quotations, and warehouse receipts issued by Warehouse Operator for the Goods stored under this Agreement, constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement, and supersede supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. (cd) Customer This Agreement, price quotes, and related warehouse receipts for each tender of Goods hereunder constitute a “Warehouse Receipt” for the purposes of Article 7 of the Uniform Commercial Code as enacted in the Commonwealth of Virginia. The Parties further acknowledge that Warehouse Operator utilizes an electronic warehouse management system (“WMS”). Entries in the WMS shall include the warehouse location, date, description, number, weight of the Goods, price reference, and the signature of the person receiving the Goods. This Agreement incorporates the information stored in the WMS by reference. (e) Depositor acknowledges that Warehouse Operator will only issue non-non- negotiable warehouse receipts that will include: receipts. (if) the date of issue; (ii) a description of the Goods tendered; and (iii) a warehouse receipt number (the “Specific Terms”). The parties acknowledge and agree that, except with respect to the Specific Terms, that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of in any warehouse receipt issued to Customer in connection with the Goodsother document, then the terms and conditions of this Agreement shall supersede and control. The parties expressly exclude any of Warehouse Operator’s general terms and conditions contained in any warehouse receipt or other document issued by Warehouse Operator, which are hereby expressly rejected by Customer, whether given prior to or after the Effective Date of this Agreement.