Please note: This is a Sole Source Notification. Iron Mountain, has over 187,000 boxes of the State's records in its storage facility. Without a Direct Award, the State would be unable to access its records nor be able to transfer records, as required.; 4.1.1 The vendor must provide a facility that will protect all records from disaster as defined in West Virginia Code §5A-8-3.; 4.1.1.1 Upon the occurrence of a Disaster as defined by Section 1.5 of this Agreement, the affected party shall be excused from any further performance of its obligations pursuant to this Agreement affected by the Disaster for as long as such Disaster continues and for a reasonable period thereafter. The affected party shall promptly notify the other party of the occurrence of a Disaster and describe in reasonable detail the nature of the Disaster. The Vendor must use commercially reasonable efforts to remedy the effects of damaged records in the event of a Disaster, up to the amount of insurance required by the contract but will not be liable for special, incidental or punitive damages.; 4.1.1.2 For damaged or lost records as a result of the Vendor’s negligence, the Vendor assumes all costs related to lost or damaged records, including restoration or recovery and exclude special, incidental or punitive damages.