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2 <br /> <br /> <br />WASHINGTON ARCHITECTURAL PAINT STEWARDSHIP PROGRAM <br />MODERATE RISK WASTE DROP-OFF SITE OPERATION AGREEMENT <br />This Agreement (the “Agreement”) is made by and between ___________________ [insert <br />legal name of company, municipality, etc.] located at ____________________________ <br />[insert address] (the “Service Provider”) and PaintCare Washington LLC, a Delaware limited <br />liability company having its office at 901 New York Avenue NW, Suite 300W, Washington, <br />D.C. 20001 (“PaintCare”). <br />RECITALS <br />Whereas, PaintCare is the program manager of the Washington Architectural Paint <br />Stewardship Program (the “Program"), as set forth by Washington Revised Code §§ <br />70.375.010 – 70.375.130 (2019); <br />Whereas, pursuant to the Program, PaintCare submitted a plan to the Washington Department <br />of Ecology to facilitate the management of “PaintCare Products” (defined below) that are <br />collected by “Drop-Off Sites” (defined below) under the Program; <br />Whereas, PaintCare desires to enter into agreements with Moderate Risk Waste facilities for <br />the purposes of collecting PaintCare Products; <br />Whereas, the Service Provider has and/or operates a Moderate Risk Waste collection <br />program, including permanent collection sites and/or temporary collection events, to which <br />local residents may bring certain types of waste, including PaintCare Products, for appropriate <br />treatment, recycling, and/or disposal; <br />Whereas, PaintCare, as part of its responsibility to facilitate the management of the Program, <br />wishes to obtain the services of the Service Provider for the collection of PaintCare Products <br />from the Service Provider’s Drop-Off Sites, as provided in this Agreement; and <br />Whereas, the Service Provider may, but is not required to, engage in Additional Activities that <br />are part of the Program, including Direct Reuse, Reprocessing, and Bulking. <br />Now, therefore, for and in consideration of the terms of this Agreement and the mutual <br />promises and covenants contained herein, the parties hereto agree as follows. <br />ARTICLE 1 – DEFINITIONS <br />1.1 “Additional Activities” means those on-site paint management activities that the Service <br />Provider has the option to perform and for which PaintCare will provide monetary <br />compensation. <br />1.2 “Bulking/Bulked” means opening individual cans of paint and combining the latex paint <br />into 55-gallon drums marked “Latex Paint” and the oil-based paint into a separate 55- <br />gallon drum marked “Oil-Based Paint.”