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16 <br /> <br />18.3 In the event of any action or occurrence during the performance of the Services which <br />causes or threatens a release of a hazardous substance, hazardous waste, or <br />hazardous material into the environment which presents or may present an imminent <br />and substantial endangerment to public health or welfare or the environment and/or <br />requires cleanup or a response action under applicable Law, the Service Provider shall <br />(i) immediately take all appropriate action to prevent, abate, minimize, and cleanup such <br />release and endangerment in conformance with applicable Law and cleanup standards, <br />and (ii) notify PaintCare of the incident within twenty-four (24) hours. As between the <br />parties, the Service Provider is solely responsible for the costs of such action and any <br />liability and damages of any type arising from any action or occurrence identified in this <br />Article. The Service Provider shall not delay the undertaking of appropriate action <br />because of any inability to notify PaintCare. <br />ARTICLE 19 – CONFIDENTIALITY/PUBLICITY <br />19.1 The Service Provider will not disclose the terms of this Agreement to any third party <br />without PaintCare’s prior written authorization, except as may be otherwise provided <br />hereunder or required by law. Nothing in this Agreement prohibits the Service Provider <br />from publishing its role and participation in the PaintCare program. Notwithstanding the <br />foregoing the Service Provider shall not, and shall not authorize another to, publish or <br />disseminate any commercial advertisements, press releases, feature articles, or other <br />materials using the PaintCare service mark without the prior written consent of <br />PaintCare, which consent will not be unreasonably withheld. The Drop-Off Sites and any <br />events may be listed, referenced, or advertised as Collection sites by PaintCare for the <br />Program during the term of this Agreement in accordance with the Program Guidelines. <br />19.2 To the extent that the Service Provider is subject to disclosure requirements under the <br />Washington Public Records Act (Revised Code of Washington Title 42, Chapter 56) <br />and/or other applicable federal, state, and local public record laws (collectively , "the <br />Disclosure Laws"), the following additional terms apply: <br />a. In the event the Service Provider receives a request under the Disclosure Laws <br />for disclosure of this Agreement or any portion thereof, the Service Provider may <br />comply with the request as required under the Disclosure Laws. The Service <br />Provider must notify PaintCare in writing within five (5) business days of making <br />any such disclosure, such notification to include the identity of the requestor and <br />a copy of what information was disclosed. <br />ARTICLE 20 – MISCELLANEOUS PROVISIONS <br />20.1 No Waiver. The failure at any time to enforce any provision of this Agreement or failure <br />to exercise any right herein granted does not constitute a waiver of such provision or of <br />such right thereafter to enforce any or all of the provisions of this Agreement. <br />20.2 Selective Waiver. Either party may waive any default by the other party under this <br />Agreement by an instrument in writing to that effect, and no such waiver will extend to <br />any subsequent or other default by the other party. No failure or delay on the part of <br />either party to exercise any right hereunder operate s as a waiver thereof. Either party