Intellectual Property Development Protection Agreement Deposit Account Number: ____________________
Deposit Account Number:
____________________
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1.
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Introduction.
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This
Intellectual Property Development
Protection Service Agreement (the
“Agreement”) is entered
into by and between Shengkai
Innovations, Inc., a Florida corporation, located at ▇▇. ▇▇, ▇▇▇▇ ▇▇▇▇
▇▇▇▇, ▇▇▇ ▇▇▇
(▇▇▇▇▇▇ ▇▇▇▇) Economic and Technology Development Area, Tianjin, People’s
Republic of China 300350 (the “Depositor”) and by Iron
Mountain Intellectual Property Management, Inc. (“Iron Mountain”) on this
24th
day of November, 2010 (the “Effective
Date”). Depositor and Iron Mountain may be referred to
individually as a "Party" or collectively as the "Parties" throughout this
Agreement.
The use
of the term “Services”
in this Agreement shall refer to Iron Mountain Services that facilitate the
creation, management, and enforcement of escrow accounts. A Party
shall request Services under this Agreement (i) by submitting a work request
associated for certain Iron Mountain Escrow Services via the online portal
maintained at the Website located at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or
any other Websites or Web pages owned or controlled by Iron Mountain that are
linked to that Website (collectively the “Iron Mountain Website”), or
(ii) by submitting a written work request attached hereto as Exhibit A (each,
individually, a “Work
Request”).
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2.
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Depositor
Responsibilities.
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(a)
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Depositor
must authorize and designate one or more persons whose action(s) will
legally bind the Depositor (“Authorized
Person(s)” who shall be identified in the Authorized
Person(s)/Notices Table of this Agreement) and
who may manage the Iron Mountain escrow account through the Iron Mountain
Website or via written Work Request. Authorized Person(s) will
maintain the accuracy of their name and contact information provided to
Iron Mountain during the Term of this Agreement (the “Depositor
Information”).
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(b)
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Depositor
will make an initial deposit of proprietary technology and/or other
materials (“Deposit
Material”) to Iron Mountain within ninety (90) days of the
Effective Date. Depositor may also update Deposit Material from
time to time during the Term of this Agreement provided a minimum of one
(1) complete copy of Deposit Material is deposited with Iron Mountain at
all times. At the time of each deposit or update, Depositor
will provide an accurate and complete description of all Deposit Material
sent to Iron Mountain via the Iron Mountain Website or using the form
attached hereto as Exhibit B.
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(d)
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Depositor
represents that it lawfully possesses all Deposit Material provided to
Iron Mountain under this Agreement free of any liens or encumbrances as of
the date of their deposit. Any Deposit Material liens or
encumbrances made after their deposit will not prohibit, limit, or alter
the rights and obligations of Iron Mountain under this
Agreement.
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3.
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Iron
Mountain
Responsibilities.
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(a)
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Iron
Mountain agrees to use commercially reasonable efforts to provide the
Services requested by authorized Depositor representatives in a Work
Request. Iron Mountain may reject a Work Request (in whole or
in part) that does not contain information that Iron Mountain deems
necessary to perform the Services.
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(b)
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Iron
Mountain will conduct a deposit inspection upon receipt of any Deposit
Material and associated Exhibit B, solely to confirm that the Deposit
Material generally fits the description provided in Exhibit B, i.e. floppy
drive; or collection of diagrams and instructions. Iron
Mountain will not review the contents of Deposit Materials. If
Iron Mountain determines that the Deposit Material does not match the
description provided by Depositor represented in Exhibit B attached
hereto, Iron Mountain will provide Depositor with notice by electronic
mail, telephone, or regular mail of such discrepancies. Iron
Mountain will work directly with the Depositor to resolve any such
discrepancies prior to accepting Deposit Material. Iron
Mountain will provide Depositor with notice from time to time during the
first ninety (90) days from the Effective date as a reminder that
submission of initial Deposit Material is
required.
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Page 1 of
8
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(c)
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Iron
Mountain will hold and protect all Deposit Material as confidential
information, in physical and/or electronic vaults that are either owned or
under the direct control of Iron Mountain, and will not disclose or use,
or permit access to, the Deposit Materials or copies thereof, except as
expressly permitted herein.
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(d)
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Iron
Mountain shall comply with written request of Depositor to access copies
of the Deposit Material pursuant to Section
11(c).
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4.
Payment.
Depositor
shall pay to Iron Mountain all fees as set forth in the Work Request form
attached hereto as Exhibit A (“Service
Fees”). Except as set forth below, all Service Fees are due to
Iron Mountain within thirty (30) calendar days from the date of invoice in U.S.
currency and are non-refundable (except as expressly provided
herein). Iron Mountain may update Service Fees with a ninety (90)
calendar day written notice to Depositor during the Term of this Agreement.
Depositor is liable for any taxes related to Services purchased under this
Agreement or shall present to Iron Mountain an exemption certificate acceptable
to the taxing authorities. Applicable taxes shall be billed as a
separate item on the invoice, to the extent possible. Any Service
Fees not collected by Iron Mountain when due shall bear interest until paid at a
rate of 1.25% per month (15% per annum) or the maximum rate permitted by law,
whichever is less. Delinquent accounts may be referred to a
collection agency at the sole discretion of Iron
Mountain. Notwithstanding, the non-performance of any obligations of
Depositor to deliver Deposit Material under the License Agreement or this
Agreement, Iron Mountain is entitled to be paid all Service Fees that accrue
during the Term of this Agreement. All Service Fees will not be
subject to offset except as specifically provided hereunder.
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5.
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Term and
Termination.
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(a)
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The
initial “Term” of
this Agreement is for a period of one (1) year from the Effective Date and
will automatically renew for additional one (1) year Terms and continue in
full force and effect until one of the following events occur: (i)
Depositor provides written instructions of its intent to cancel this
Agreement within sixty (60) days to Iron Mountain; or (ii) Iron Mountain
provides a sixty (60) day written notice to the Depositor Authorized
Persons that it can no longer perform the Services under this Agreement;
in which event, Iron Mountain shall refund any Service Fees paid for the
then current annual period in which such a termination occurs, pro rata,
based on the period of time remaining in such annual period from the date
of such termination.
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(b)
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Subject
to the foregoing termination provisions, and upon termination of this
Agreement, Iron Mountain shall return, destroy, or otherwise deliver the
Deposit Materials in accordance with Depositor’s instructions as provided
in a Work Request. If there are no instructions, Iron Mountain
may, at its sole discretion, destroy the Deposit Materials or return them
to Depositor.
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(c)
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In
the event this Agreement is terminated under Sections 5(a)(ii) above,
Depositor may provide Iron Mountain with written instructions authorizing
Iron Mountain to forward the Deposit Material to another escrow company
and/or agent or other designated recipient. If Iron Mountain
does not receive written instructions within sixty (60) calendar days
after the date of the notice of termination, Iron Mountain shall return or
destroy the Deposit Material.
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(d)
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In
the event of the nonpayment of Service Fees owed to Iron Mountain, Iron
Mountain shall provide Depositor with notice by electronic mail and/or
regular mail. If the past due payment is not received in full
by Iron Mountain within thirty (30) calendar days of the date of such
notice, then Iron Mountain shall have the right to terminate this
Agreement at any time thereafter by sending notice by electronic mail
and/or regular mail of termination to Depositor. Iron Mountain
shall have no obligation to take any action under this Agreement so long
as any Iron Mountain invoice issued for Services rendered under this
Agreement remains
uncollected.
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6.
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Infringement
Indemnification.
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Anything
in this Agreement to the contrary notwithstanding, Depositor, at its own
expense, shall defend and hold Iron Mountain (the “Indemnified Party”) fully
harmless against any claim or action asserted against the Indemnified Party
(specifically including costs and reasonable attorneys’ fees associated with any
such claim or action) to the extent such claim or action is based on an
assertion that the Deposit Material as provided by Depositor infringes any
patent, copyright, license or other proprietary right of any third
party. When the Indemnified party has notice of a claim or action, it
shall promptly notify Depositor in writing. At its option, Depositor
may elect to control defense of such claim or action and may elect to enter into
a settlement agreement, provided that no such settlement or defense shall
include any admission or implication of wrongdoing on the part of the
Indemnified Party without such Party’s prior written consent, which consent
shall not be unreasonably delayed or withheld. Iron Mountain shall
have the right to employ separate counsel and participate in the defense of any
claim at its own expense.
Page 2 of
8
7. Warranties.
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(a)
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Iron
Mountain. ANY AND ALL SERVICES PROVIDED HEREUNDER SHALL
BE PERFORMED IN A WORKMANLIKE MANNER. EXCEPT AS SPECIFIED IN
THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT
ALLOWED BY APPLICABLE LAW. AN AGGRIEVED PARTY MUST NOTIFY IRON
MOUNTAIN PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES. THIS
DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND
LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL
PURPOSE. THE WARRANTY PROVIDED IS SUBJECT TO THE LIMITATION OF
LIABILITY SET FORTH IN SECTION 9
HEREIN.
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(b)
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Depositor. Depositor
warrants that all Depositor Information provided hereunder is
accurate and reliable and undertakes to promptly correct and update such
Depositor Information during the Term of this
Agreement.
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8. Confidential
Information.
Iron
Mountain shall have the obligation to reasonably protect the confidentiality of
the Deposit Material. Except as provided in this Agreement Iron
Mountain shall not disclose, transfer, make available or use the Deposit
Material. Iron Mountain shall not disclose the terms of this
Agreement to any third Party. If Iron Mountain receives a subpoena or
any other order from a court or other judicial tribunal pertaining to the
disclosure or release of the Deposit Material, Iron Mountain will immediately
notify the Parties to this Agreement unless prohibited by law. It
shall be the responsibility of Depositor to challenge any such order; provided,
however, that Iron Mountain does not waive its rights to present its position
with respect to any such order. Iron Mountain will not be required to
disobey any order from a court or other judicial tribunal.
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9.
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Limitation of
Liability.
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EXCEPT
FOR: (I) PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (II) THE INFRINGEMENT
INDEMNIFICATION OBLIGATIONS OF SECTION 6, ALL OTHER LIABILITY RELATED TO THIS
AGREEMENT, IF ANY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, OF ANY PARTY TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT EQUAL
TO ONE YEAR OF FEES PAID TO IRON MOUNTAIN UNDER THIS AGREEMENT. IF
CLAIM OR LOSS IS MADE IN RELATION TO A SPECIFIC DEPOSIT OR DEPOSITS, SUCH
LIABILITY SHALL BE LIMITED TO THE FEES RELATED SPECIFICALLY TO SUCH
DEPOSITS.
10. Consequential Damages
Waiver.
IN NO
EVENT SHALL ANY PARTY TO THIS AGREEMENT BE LIABLE TO ANOTHER PARTY FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY COSTS
OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE SERVICES (EXCLUDING SUBSTITUTE
ESCROW SERVICES), OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF THE POSSIBILITY THEREOF MAY BE
KNOWN IN ADVANCE TO ONE OR MORE PARTIES.
11. General.
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(a)
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Incorporation
of Work Requests. All Depositor Work Requests which are
accepted by Iron Mountain will be incorporated into this
Agreement.
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(b)
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Purchase
Orders. The terms and conditions of this Agreement
prevail regardless of any conflicting or additional terms on any Purchase
Order or other correspondence. Any contingencies or additional
terms contained on any Purchase Order are not binding upon Iron
Mountain. All Purchase Orders are subject to approval and
acceptance by Iron
Mountain.
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Page 3 of
8
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(c)
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Copies.
Iron Mountain shall have the right to make copies of all Deposit Material
as required by a Work Request. Iron Mountain shall copy all copyright,
nondisclosure, and other proprietary notices and titles contained on
Deposit Material onto any such copies made by Iron Mountain. Any copying
expenses incurred by Iron Mountain as a result of a Work Request to copy
will be borne by the Party requesting the copies. Iron Mountain may
request Depositor’s reasonable cooperation in promptly copying Deposit
Material in order for Iron Mountain to perform this Agreement. During the
Term of the Agreement, upon
written request by Depositor, Depositor shall be entitled to receive one
or more copies of the Deposit Materials as long as the original Deposit
Materials remain in Iron Mountain's
possession.
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(d)
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Choice
of Law. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State
of New York, as if performed wholly within the state and without giving
effect to the principles of conflicts of
laws.
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(e)
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Right
to Rely on Instructions. Iron Mountain may act in reliance upon any
instruction, instrument, or signature given in accordance with the Work
Request or by an Authorized Person. Iron Mountain will not be required to
inquire into the truth or evaluate the merit of any statement or
representation contained in any notice or document. Iron Mountain shall
not be responsible for failure to act as a result of causes beyond the
reasonable control of Iron
Mountain.
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(f)
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Force
Majeure. Except for the obligation to pay monies due and owing, no
Party shall be liable for any delay or failure in performance due to
events outside the defaulting Party’s reasonable control, including
without limitation acts of God, earthquake, labor disputes, shortages of
supplies, riots, war, acts of terrorism, fire, epidemics, or delays of
common carriers or other circumstances beyond its reasonable control. The
obligations and rights of the excused Party shall be extended on a
day-to-day basis for the time period equal to the period of the excusable
delay.
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(g)
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Notices.
All correspondence, including invoices, payments, and other documents and
communications, shall be sent by (i) electronic mail; (ii) via regular
mail to the Parties at the addresses specified in the Authorized
Persons/Notices Table which shall include the title(s) of the
individual(s) authorized to receive notices; or (iii) via the online
portal maintained at the Iron Mountain Website. It shall be the
responsibility of the Parties to notify each other as provided in this
Section in the event of a change of physical or e-mail addresses. The
Parties shall have the right to rely on the last known address of the
other Parties. Any correctly addressed notice or last known address of the
other Parties that is relied on herein that is refused, unclaimed, or
undeliverable because of an act or omission of the Party to be notified as
provided herein shall be deemed effective as of the first date that said
notice was refused, unclaimed, or deemed undeliverable by electronic mail,
the postal authorities by mail, through messenger or commercial express
delivery
services.
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(h)
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No
Waiver. No waiver of rights under this Agreement by any Party shall
constitute a subsequent waiver of this or any other right under this
Agreement.
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(i)
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Assignment.
No assignment of this Agreement by Depositor or any rights or
obligations of under this Agreement is permitted without the written
consent of Iron Mountain, which shall not be unreasonably withheld or
delayed.
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(j)
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Severability.
In the event any of the terms of this Agreement become or are declared to
be illegal or otherwise unenforceable by any court of competent
jurisdiction, such term(s) shall be null and void and shall be deemed
deleted from this Agreement. All remaining terms of this Agreement shall
remain in full force and effect. Notwithstanding the foregoing, if
this paragraph becomes applicable and, as a result, the value of this
Agreement is materially impaired for either Party, as determined by such
Party in its sole discretion, then the affected Party may terminate this
Agreement by notice to the
others.
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(k)
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Independent
Contractor Relationship. Depositor understands, acknowledges, and
agrees that Iron Mountain’s relationship with Depositor will be that of an
independent contractor and that nothing in this Agreement is intended to
or should be construed to create a partnership, joint venture, or
employment
relationship.
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Page 4 of
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(l)
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Attorneys'
Fees. In any suit or proceeding between the Parties relating to
this Agreement, the prevailing Party will have the right to recover from
the other(s) it’s costs and reasonable fees and expenses of attorneys,
accountants, and other professionals incurred in connection with the suit
or proceeding, including costs, fees and expenses upon appeal, separately
from and in addition to any other amount included in such judgment. This
provision is intended to be severable from the other provisions of this
Agreement, and shall survive and not be merged into any such
judgment.
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(m)
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No
Agency. No Party has the right or authority to, and shall not,
assume or create any obligation of any nature whatsoever on behalf of the
other Parties or bind the other Parties in any respect
whatsoever.
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(n)
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Disputes.
Any dispute, difference or question relating to or arising among any of
the Parties concerning the construction, meaning, effect or implementation
of this Agreement or any Party hereof will be submitted to, and settled by
arbitration by a single arbitrator chosen by the New York Regional Office
of the American Arbitration Association in accordance with the Commercial
Rules of the American Arbitration Association. The arbitrator shall apply
New York law. Unless otherwise agreed by the Parties, arbitration will
take place in New York City, New York, U.S.A. Any court having
jurisdiction over the matter may enter judgment on the award of the
arbitrator. Service of a petition to confirm the arbitration award may be
made by regular mail or by commercial express mail, to the attorney for
the Party or, if unrepresented, to the Party at the last known business
address.
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(o)
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Regulations.
Depositor is responsible for and warrants, to the extent of its individual
actions or omissions, compliance with all applicable laws, rules and
regulations, including but not limited to: customs laws; import; export
and re-export laws; and government regulations of any country from or to
which the Deposit Material may be delivered in accordance with the
provisions of this
Agreement.
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(p)
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Counterparts.
This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one
instrument.
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(q)
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Survival.
Sections 5 (Term and Termination), 6 (Infringement Indemnity), 7
(Warranties), 8 (Confidential Information), 9 (Limitation of Liability),
10 (Consequential Damages Waiver), and 11 (General) of this Agreement
shall survive termination of this Agreement or any Exhibit attached
hereto.
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The
Parties agree that this Agreement is the complete agreement between the Parties
hereto concerning the subject matter of this Agreement and replaces any prior or
contemporaneous oral or written communications between the Parties. There are no
conditions, understandings, agreements, representations, or warranties,
expressed or implied, which are not specified herein. Each of the Parties herein
represents and warrants that the execution, delivery, and performance of this
Agreement has been duly authorized and signed by a person who meets statutory or
other binding approval to sign on behalf of its business organization as named
in this Agreement. This Agreement may only be modified by mutual written
agreement of the Parties.
DEPOSITOR
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Signature:
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/s/ ▇▇▇▇ ▇▇▇▇
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Print
Name:
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▇▇▇▇ ▇▇▇▇
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Title:
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Chief Executive Officer
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Date:
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November 24, 2010
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Email
Address
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▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇
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IRON
MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC.
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Signature:
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Print
Name:
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Title:
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Date:
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Email
Address:
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▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
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Page 5 of
8
Authorized
Persons/Notices Table
Please
provide the name and contact information of the Authorized Persons under this
Agreement. All Notices will be sent to these individuals at the
addresses set forth below.
DEPOSITOR
Authorized
Person(s)/Notices Table
Please
provide the name(s) and contact information of the Authorized Person(s) under
this Agreement. All Notices will be sent electronically and/or
through regular mail to the appropriate address set forth below.
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Print
Name:
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▇▇▇▇▇ ▇▇▇▇ ▇▇
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Print
Name:
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▇▇▇▇ ▇▇▇▇
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Title:
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CFO
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Title:
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CEO
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Email
Address
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▇▇▇▇.▇▇@▇▇▇▇▇▇▇▇.▇▇▇
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Email
Address
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▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇
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▇▇▇▇▇▇
▇▇▇▇▇▇▇
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▇▇.
▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Rd., Economic ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇,
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▇▇▇▇▇▇
Address
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No.
106, Zhonghuan South Rd., Economic ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇,
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▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇
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▇▇▇▇▇▇▇,
▇▇▇▇▇
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Province/City/State
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Tianjin,
China
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Postal/Zip
Code
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300308
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Postal/Zip
Code
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300308
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Phone
Number
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▇▇▇-▇▇▇-▇▇▇▇
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Phone
Number
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▇▇▇-▇▇-▇▇▇▇▇▇▇▇
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Fax
Number
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N.A.
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Fax
Number
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▇▇▇-▇▇-▇▇▇▇▇▇▇▇
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IRON
MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC.
All
notices should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
OR Iron Mountain, Attn: Contract Administration, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇
▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇.
Page 6 of
8
Exhibit
A
Escrow
Service Work Request
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Service
Check box (es)
to order service
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Service Description
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One-
Time Fees
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Annual
Fees
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Paying Party
Check box to identify the
Paying Party for each
service below.
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x Add and Manage
New Escrow Account
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Iron
Mountain will open a new escrow deposit account that includes a minimum of
one (1) Depositor and one (1) complete set of Deposit
Material. All Deposit Material will be securely stored in
controlled vaults that are owned and/or operated by Iron
Mountain. Account services include unlimited deposits,
electronic vaulting, access to Iron Mountain Connect™ Escrow Management
Center for secure online account management and submission of electronic
Work Requests, and secure destruction of deposit materials upon account
termination.
Iron
Mountain will assign a Client Manager for each escrow
account. These Managers will provide client training from time
to time to facilitate secure Internet access to escrow
account(s). Assigned Managers will also ensure timely
fulfillment of client Work Requests (e.g.,
deposit
updates) and communication of status.
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$1500
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$1000
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x Depositor
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||||
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¨ Add Deposit
Tracking Notification
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Iron
Mountain will send periodic notices to Depositor related to Deposit
Material as specified within the terms of the agreement
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N/A
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$
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¨ Depositor
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||||
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¨ Add Dual
Vaulting
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Iron
Mountain will fulfill a Work Request to store deposit materials in one
additional location as defined within the Service
Agreement. Duplicate storage request may be in the form of
either physical media or electronic storage.
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N/A
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$
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¨ Depositor
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||||
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¨ Add Custom
Services
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Iron
Mountain will provide its Escrow Expert™ consulting Services (e.g.,
licensing escrow strategy development, dual/remote vaulting, account
consolidation) based on a custom SOW mutually agreed to by all
Parties.
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$150/hour
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N/A
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¨ Depositor
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||||
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¨ Delete
Account
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Iron
Mountain will fulfill a Work Request to terminate an existing escrow
account by removing Deposit Material from the vault and then either
securely destroying or returning the Deposit Material via commercial
express mail carrier as instructed. All accrued Services Fees
must be collected by Iron Mountain prior to completing fulfillment to
terminate an existing escrow account.
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No
Charge
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No
Charge
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No
Charge
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||||
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¨ Replace/Delete
Deposit Materials
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Iron
Mountain will replace/delete deposit material in accordance with the terms
of the agreement. Materials will be returned as directed by
Depositor or destroyed using Iron Mountain Secure
Shredding
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No
Charge
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No
Charge
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No
Charge
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Upon
Escrow Service Agreement execution, please provide your initials below in the
appropriate location to indicate your acceptance of this Escrow Services Work
Request inclusive of agreed Services pricing and indication that Depositor
acknowledges that it is financially responsible for payment of specific
Services.
Depositor
Initials____CW______
Note:
Clients may submit Work Requests electronically through their escrow account
online OR may complete this form along with any other supporting exhibits
required and email and/or fax this Work Request to their assigned Client Manager
at Iron Mountain for fulfillment.
Page 7 of
8
Exhibit
B
Deposit
Material Description
Deposit Account Number:
__________________
Company
Name: _____________________________
Deposit Name
________________________ and
Deposit Version _____
(Deposit Name will appear in account history reports)
Deposit
Media (Please Label All Media with the Deposit Name Provided Above)
|
Media Type
|
Quantity
|
Media Type
|
Quantity
|
|||
|
¨ Internet File
Transfer
|
N/A
|
¨ 3.5” Floppy
Disk
|
||||
|
¨ CD-ROM /
DVD
|
¨
Documentation
|
|||||
|
¨ DLT
Tape
|
¨ Hard Drive /
CPU
|
|||||
|
¨ DAT
Tape
|
¨ Circuit
Board
|
|
¨ Other (describe
here):
|
Deposit
Encryption (Please check either “Yes” or “No” below and complete as
appropriate)
Is
the media or are any of the files encrypted? ¨Yes or ¨ No
If
yes, please include any passwords and decryption tools description
below. Please also deposit all necessary encryption software with
this deposit.
Encryption
tool name_____________________________Version
Hardware
required
Software
required
Other
required information
Deposit
Certification (Please check the box below to Certify and Provide your
Contact Information)
|
¨ I
certify for Depositor that the above described Deposit Material has been
transmitted electronically or sent via commercial express mail carrier to
Iron Mountain at the address below.
|
¨ Iron
Mountain has inspected and accepted the above described Deposit Material
either electronically or physically. Iron Mountain will notify
Depositor of any discrepancies.
|
|||
|
Name:
|
/s/
▇▇▇▇ ▇▇▇▇
|
Name:
|
||
|
Date:
|
Date:
|
|||
|
Email
Address:
|
||||
|
Telephone Number:
|
||||
|
Fax
Number:
|
Note: If
Depositor is physically sending Deposit Material to Iron Mountain, please label
all media and mail all Deposit Material with the appropriate Exhibit B via
commercial express carrier to the following address:
Iron
Mountain Intellectual Property Management, Inc.
Attn:
Vault Administration
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Facsimile:
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