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 AND SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE RETURN OF THE PORTION OF THE FEES PAID TO IRON MOUNTAIN BY PAYING PARTY FOR SUCH NON-CONFORMING SERVICES. 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 11 HEREIN.
Iron Mountain. (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware,
(ii) has all requisite corporate power and corporate authority to own or hold under lease its properties and to conduct its business, and has in full force and effect all Governmental Authorizations and Private Authorizations and has made all Governmental Filings, to the extent required for such ownership and lease of its property and conduct of its business, except to the extent the failure to be in full force and effect or to have made such Governmental Filings would not, individually or in the aggregate, reasonably be expected to have an Adverse Effect, and
(iii) is duly qualified and authorized to do business and is in good standing as a foreign corporation in each jurisdiction in which the character of its property or the nature of its business or operations requires such qualification or authorization, except to the extent the failure to so qualify or to maintain such authorizations would not reasonably be expected to have an Adverse Effect.
Iron Mountain acting through xxx Xxxxx xf Directors, shall, in accordance with and subject to Applicable Law, its Organic Documents and the rules of the NYSE: as soon as practicable, duly call, give notice of, convene and hold a special meeting of the Iron Mountain Stockholders for the purpose of adopting and approving this Agreement, the Merger and the Transactions (including any adjournment thereof, the "Iron Mountain Special Meeting" and, together with the Pierce Leahy Special Meeting, the "Special Meetings"); include in the Joxxx Xxxxx Xxatement/Prospectus the conclusion and recommendation of the Board of Directors to the effect that the Board of Directors, having determined that this Agreement, the Merger and the Transactions are advisable to and in the best interests of Iron Mountain and the Iron Mountain Stockholders, has approved this Agreement, the Merger and the Transactions and recommends that the Iron Mountain Stockholders vote in favor of the approval and adoption of this Agreement, the Merger and the Transactions; and use its reasonable best efforts to obtain the necessary approval and adoption of this Agreement, the Merger and the Transactions by the Iron Mountain Stockholders.
Iron Mountain will conduct a visual inspection upon receipt of any Deposit Material and associated Exhibit B. 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 notify Depositor of such discrepancies and notate such discrepancy on the Exhibit B.
Iron Mountain. C12173 Amendment #2 for additional funds to support off-site record storage for GCCCD Human Resources. Total contract is now $8,200.
Iron Mountain. C12845 for off-site storage for Human Resource records. Fiscal Impact: $10,000.00 included in the 2014-15 UGF budget.
Iron Mountain. Argentina SA is owned 80.5% by Iron Mountain South America, Ltd., 14.85% by Kestral Document Services Ltd. and 4.65% by other individual shareholders.
Iron Mountain. C13974 for one-time, off-site shredding services for Human Resources Department.
Iron Mountain agrees to preserve the information pursuant to this clause for the duration of the Agreement and make it available to the competent supervisory authority on request.
Iron Mountain may deduct (after all applicable tax withholdings have been deducted) from payments hereunder any indebtedness, obligation or liability owed by the Employee as of his date of termination, as permitted under applicable law.
