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5 <br /> <br />b. In instances where PaintCare receives timely advance notice of a Temporary <br />Collection Event as required hereunder, PaintCare may decline the addition of a <br />Temporary Collection Event(s) by providing Service Provider with written notice <br />to that effect no later than ten (10) days after PaintCare received notice of that <br />Temporary Collection Event(s) from Service Provider. <br />3.4 The Service Provider shall manage at its own expense all PaintCare Products Collected <br />at the Drop-Off Sites only in accordance with Attachment A (“Scope of Work”) and not <br />process or dispose PaintCare Products by any other method without the prior written <br />approval of PaintCare. <br />3.5 The Service Provider (and not PaintCare) is responsible for: <br />a. making day-to-day and critical decisions regarding the Services, including the <br />management and supervision of all activities comprising the Services; <br />b. complying with all applicable Law relating to the Services and the operation of <br />the Drop-Off Sites; and <br />c. securing and locking the Drop-Off Sites at all times when the facilities are closed <br />or not attended. <br />3.6 The Service Provider shall make best efforts to comply in all material respects with the <br />Program Guidelines. The Service Provider must notify PaintCare in writing if the Service <br />Provider is unable to comply with any aspect of the Program Guidelines. <br />3.7 The Service Provider is responsible for and will manage at its sole expense any and all <br />Non-PaintCare Products it collects at the Drop-Off Sites. PaintCare in no way accepts <br />responsibility for such Non-PaintCare Products. <br />3.8 The Service Provider shall not charge Program participants a fee relating to any costs <br />that are covered by the Program. To avoid any fee practices at Drop-Off Sites that may <br />reflect badly on the Program, the Service Provider must consult with PaintCare and <br />obtain its approval before charging Program participants a fee for dropping off PaintCare <br />Products, such approval not to be unreasonably withheld. Nothing in this Agreement <br />prohibits the Service Provider from charging fees to participants for dropping off Non- <br />PaintCare Products. <br />3.9 The Service Provider shall provide the Services at its own risk and take all reasonable <br />precautions to protect all public and private property during the performance of the <br />Services. If the Service Provider’s personnel or equipment cause any damage to <br />PaintCare’s or one of its contractor’s property, the Service Provider, at its sole expense, <br />shall promptly replace the damaged property or repair it to the condition existing before <br />the damage. <br />3.10 The Service Provider shall thoroughly familiarize itself with the nature and scope of the <br />Services under this Agreement and with matters that may affect the Services, including <br />the Law governing the Services and this Agreement. Any failure by the Service Provider <br />to thoroughly familiarize itself with such matters does not relieve the Service Provider of <br />its obligations under this Agreement. <br />3.11 The Service Provider is responsible for promptly containing and cleaning up any spills <br />that may occur at the Drop-Off Sites, including (i) maintaining spill kits or other <br />appropriate spill containment and clean-up materials at all Drop-Off Sites, (ii) instituting