DS9 Document EFTA00313873

7. California Cryobank IN THE EVENT OF DEATH OF CLIENT Specimen Storage Agreement Client may elect one of the following two provisions to apply in the even! of the death of Client. and by initialing the appropriate box Client hereby instructs (the "Instruction) Cryobank in the event of such death to: A. ( 1 Discard the Client Specimens' by thawing and discarding following then applicable approved Cryobank procedure, or B. 11(1 Release all Client Specimens to Clients legal representative. or the executor or administrator of Client's estate (each referred to herein as the "Legal Representative') who shall promptly provide Cryobank with instructions on how the Specimens will be disposed Client acknowledges that Cryobank is not providing and cannot provide Client with legal advice and that Client may wish to confer with experienced counsel regarding Clients will and/or estate planning in connection with making any erica under this section. Client also acknowledges that. NOTWITHSTANDING THE FACT THAT CLIENT MAY HAVE SELECTED INSTRUCTION A ABOVE. Cryobank may not be abe to comp:y with such instruction in the event that a is ordered by a court to dispose of such Specimens in a way other than that described in Instruction A above. including. without limitation, an order to release the Specimens to the Clients Legal Representative (or as directed by the Legal Representative) or other individual or entity. Client acknovAedges and agrees that Cryobank will not release the Specimens to We Clients Legal Representative pursuant to Instruction B above until the Legal Representative meets the following release requirements: a) The Legal Representative must provide Cryobank with a copy of Client's death ceitficate. b) The Legal Representative must provide to Cryobank written venfication reasonably sufficient m Cryobank's sole and exclusive opinion that such Legal Representative has legal authority to represent Client's estate. C) If, and as determined in Cryobank's sole and exclusive discretion, the Legal Representative provides Cryobank wth a written agreement to indemnify and hold Cryobank harmless from and against any claims or actions brought by any person or entity contesting Cryobank's aeon in releasing the Specimens to the Legal Representative In addition. Cryobank's release of Specimens to the Legal Representative shall be subject to. and conditioned upon compliance with all then applicable laws. rules and regulations concerning the testing and release of Specimens. Cryobank reserves the right to deny the release of any Specimens unless and untl it is satisfied. in its sole and absolute discretion, wth the identification and authority of. and other information provided by the Legal Representative. If Cryobank is unable, after using reasonable efforts for thirty (30) days from its becoming aware of the death of Client to dspose of the Specimens as provided in Instruction B above of the Section 7, Cryobank shall have the absolute right in its sole and absolute discretion to destroy the Specimens 8. CONFIDENTIALITY Cryobank agrees to use reasonable efforts to maintain the COnfxlentiality of information provided by Client. This provision shall be deemed not to restrict disclosure required by law. requested by any government agency or public authority inadvertent disclosures due to the unintentional release of information. disclosures resulting from media attention. disclosures made by individuals, whether or not employed by Cryobank disclosures of information by computer hackers or any other type of intruder acting without Cryobank authorization releases of information to the hospital laboratory or any health care provider requesting information for the claimed purpose of providing service to Client disclosures to professional consultants or advisors to Cryobank, or disclosures as part of a potential or actual sale. transfer or assignment of any or all rights or obligations of Cryobank under this Agreement. REP-CDP-F007 1.1 California CD oho nk Pruprw tar,disc uow at. I. noultworiard unc w thotributioa without run" Ctit cement is prohibited. Page 4 of 8 EFTA00313873