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STORAGE RECEIPT AND AGREEMENT TERMS AND CONDITIONS IMPORTANT - READ CAREFULLY 1. The value declared by the customer as set opposite each article listed herein is agreed to be the value of such article for the purpose of this contract and varying rates are offered by the Company dependent upon such declared value. In consideration of the charge based on the value declared by the Customer, it is agreed that the liability of the Company for loss or damage to any article from any cause, including the negligence of the Company, shall be limited to the amount of such declared value, or the cost of repair or replacement with materials of like kind and quality, whichever amount is least, except that in no event shall the liability of the Company exceed the actual value of the said article. The Company reserves the right, in full discharge of any liability which it may have to the customer in case of loss or damage to any of said articles, at its option (a) to put said articles in as good condition as when received; (b) to replace the same; (c) to pay the cash valuation thereof as declared and stated herein and to retain said articles; or (d) to pay the actual loss or damage not exceeding the value herein declared and stated. 2. In further consideration of the charges set forth herein, the Company hereby agrees to effect insurance in an amount not exceeding the value set opposite each article, which insurance shall, in terms usual thereto, cover the articles against loss by fire, theft, and such other hazards as the Company deems proper. The agreed valuation set opposite each article shall represent the limit of liability of the insurance company for loss or damage to said article. Such insurance may be in blanket form covering articles other than those listed herein. 3. If no value is set opposite any article listed herein, the Customer shall be deemed for all purposes to have declared a value of $100 for said article. 4. The Company will use its best efforts to protect the articles from damage by moths and vermin but shall not be responsible for any damage of any kind existing prior to the acceptance of the articles, or which may develop from the condition of the articles at the time they are accepted by the Company. 5. There shall be no liability for loss or damage to articles caused by or resulting from: A. (1) combating or defending against an actual, impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces, or (c) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure, or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade; B. Failures of refrigeration because of shortage or inability to obtain fuel, ammonia or other commodities necessary for refrigeration or because of governmental order or any other cause of beyond the control of the undersigned; C. Act of God, strikes or any other cause of similar or dissimilar nature beyond the control of the Company, nor from deterioration or discoloration from the natural causes or inherent vice. 6. Any of the articles listed herein may be stored, processed, cleaned, repaired or remodeled in any place selected by the Company whether on or off the premises of the Company, and by any person, firm or corporation selected by the Company whether as an agent or as an independent contractor, and may be removed to any place deemed necessary by the Company to accomplish the purposes hereof, without notice to the Customer. 7. The Company is authorized to ship any article to the Customer or other person designated by the Customer to receive the same, or to or from any place of storage, processing, or any other place deemed necessary to accomplish the purposes hereof, including shipment therefrom directly to the Customer or Customer's designee, by any means of transportation selected by the Company, and to accept such form of bill of lading or shipping receipt as is customarily issued by such carrier or other transporter, and to declare minimum released value to such carrier or other transporter. 8. Delivery of any of the articles to a common carrier or other transporter for shipment to the Customer at the address stated herein or to any other address as directed by the Customer, or to any other person designated by the Customer shall exist for any error, or loss resulting therefrom directly or indirectly. Notice of change of address or any other direction with respect to place of delivery or person to whom delivery shall be made will not be binding on the Company unless given by the Customer in writing. Delivery of any of the articles to any person presenting this receipt, or to any person at the Customer's address stated herein or at any other address directed by the Customer, shall be deemed delivery to the Customer and no obligation or liability is assumed or shall exist for any error or loss resulting therefrom directly or indirectly. 9. The charges set forth in this receipt are for the season ro for any part of the season beginning January 1st at noon and ending December 31st at noon of the year that this agreement is issued and are payable not later than December 31st following the date of the issue of this receipt. In the event of loss or damage total or partial, the amount of all storage, repair, cleaning and other charges as set forth herein shall be deducted from any liability of the Company to the Customer. 10. All or any of the articles left beyond the season upon the same terms and conditions as those contained herein, the Company, however, reserving the right to change the charges to the rate then being charged by the Company on the valuation set forth herein. 11. In addition to any legal remedy the Company may have or exercise, it shall have a lien on any and/or all the articles referred to in this receipt for all charges for storing, preserving, repairing, altering, cleaning, or in any way enhancing the value of the articles (by itself, its agents or independent contractors) and also for all lawful claims, charges and expenses in relation to the articles either paid for by the Company or for which it may become liable, and the Company may enforce and satisfy said lien in the manner provided by law and may refuse to deliver the articles until al charges are paid and said lien is satisfied and retains to itself the right to purchase any of the said articles on any sale and credit said purchase price against the amount of the lien. 12. It is agreed by the Customer that at least seven (7) days' notice will be given to the Company of the Customer's intentions to withdraw any or all articles. 13. The provisions of this receipt shall inure to the benefit of any insurance company by whom any articles is insured to the same extent that they inure to the benefit of the Company, but its provisions shall not extend in kind or amount the insurance provided by any policy. 14. Any settlement between the Company and the insurance company with him the Company effects insurance in accordance with Paragraph (2), or any claim for loss or damage to any or all of the articles listed in this receipt, shall be binding on the Customer and shall have the same force and effect as if the settlement had been made by the Customer. In the event of loss or damage covered by insurance, the determination of the insurance company as to the amount of such loss or damage with respect to each article shall be conclusive and binding upon both the Customer and the Company, and the insurance company (with the assistance of the Company) may exercise its judgment as to the kind and extent of efforts to recover and rehabilitate the property. 15. Notice in writing of any claim for loss or damage must be given to the Company within 15 days after delivery of said articles. Unless such notice is so given that the Company shall not be liable in any event or for any cause. The customer agrees that no suit or action shall be brought on account of loss or damage to any article prior to 60 days after notice of claim of such loss or damage shall be given to the company in writing. 16. The terms and conditions of this receipt shall be applicable not only while any of the articles are being stored but also while being transported to and from the place of storage or any other place, whether by the company or others, and to the cleaning, repairing, processing or remodeling of the articles listed herein. 17. This agreements all be construed according to the Laws of the State of New York. THIS AGREEMENT IS NOT NEGOTIABLE BLOOMINGDALE BROS. A DIVISION OF FEDERATED DEPARTMENT STORES, INC.