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U approximately 133 historic windows now in the control and custody of the HPC as itemized in • Exhibit 1, and further authorizes use of the same space for additional windows that the HPC may acquire in the future as part of its role and mission as a conserver of historic building parts so long as there is sufficient room within the storage space allocated to the HPC. The HPC shall provide Landmarks with reasonable advance notice of additional windows to be stored as that need arises. 2. HPC shall have reasonable access to the storage area allocated to it by Indiana Landmarks for purposes related to inspection, removal, and related purposes of the windows from time to time subject to advance notice, arrangement, and coordination with Indiana Landmarks staff who will provide such access to HPC's personnel. 3. Indiana Landmarks shares an interest in the preservation of historic windows and therefore makes the storage space available to HPC at no charge or cost, and permits the HPC's storage for this use and purpose for as long as Indiana Landmarks owns the Kizer House realty. Should Indiana Landmarks determine that the space used by HPC as storage is needed by Indiana Landmarks for its purposes, it shall provide 90 days advance notice in writing to HPC after which time, HPC shall remove its stored property. However, Indiana Landmarks will assist as it can in helping HPC to identify and obtain alternative, comparable storage space. 4. The parties recognize that HPC, not Indiana Landmarks, owns the stored items and, therefore, Indiana Landmarks will not be liable for their loss or destruction while in storage except due to recklessness, gross negligence, or intentional conduct of Indiana Landmarks, its • employees or agents. Neither party will make claim against the other for loss, damage, or harm to employees, agents, or third parties arising from the storage of the designated items in the space provided by Indiana Landmarks, and each will indemnify the other including reasonable lawyer fees and other costs incurred by the other in the defense of such claims. 5. This Agreement shall be governed by the laws of the State of Indiana, and any legal cause of action arising out of this Agreement shall be filed in a State court of competent jurisdiction for St. Joseph County, Indiana, unless otherwise directed by state or federal law. The parties agree that any disputes arising from this agreement shall be resolved first by mediation under Indiana Rules of Alternative Dispute Resolution (ADR). 6. The undersigned person(s) signing on behalf of his/her respective Party certify that he/she is duly authorized to bind his/her respective Party to the terms hereof. *.*Windows Storage Agreement with Indiana Landmarks 2 0