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8 <br /> <br />ARTICLE 6 – TITLE AND RISK OF LOSS; DISCLAIMERS <br />6.1 As between the Service Provider and PaintCare, the Service Provider has title to and <br />risk of loss and liability for any and all PaintCare Products and Non-PaintCare Products <br />that the Service Provider receives at the Drop-Off Sites, including any risk of loss and <br />liability under the federal Comprehensive Environmental Response, Compensation and <br />Liability Act, 42 U.S.C. § 9601 et seq. and under state or local Law. Notwithstanding the <br />foregoing, once a Hauler accepts for transportation any PaintCare Products Collected <br />by the Service Provider under this Agreement, title to and risk of loss for those PaintCare <br />Products will transfer to that Hauler. PaintCare at no time takes title to or assumes <br />liability for any materials that Service Provider accepts at the Drop -Off Sites; however, <br />for the PaintCare Products that Service Provider Collects under the Program, PaintCare <br />shall require in its contracts with its Haulers that the Haulers accept such title and risk <br />of loss immediately upon accepting those PaintCare Products for transportation from a <br />Drop-Off Site. <br />6.2 PaintCare has no authority to manage, direct, or supervise employees, representatives, <br />or agents of the Service Provider, including how they perform the work and achieve <br />compliance with applicable Law. PaintCare does not have responsibility for making day- <br />to-day and critical decisions regarding the Services, including the management or <br />supervision of any activities comprising the Services. PaintCare is not responsible for <br />any damage to persons or property resulting from the performance of the Services. <br />6.3 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, OR SPECIAL <br />DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR <br />ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF SUCH POTENTIAL DAMAGES; HOWEVER, <br />NOTHING IN THIS PARAGRAPH CONSTITUTES A LIMIT OF THE INDEMNIFICATION OBLIGATIONS IN <br />ARTICLE 9 (“INDEMNIFICATION”). <br />ARTICLE 7 –PAYMENT AND INVOICING <br />7.1 As consideration under this Agreement, PaintCare will (i) have Collection Bins provided <br />to the Drop-Off Sites, (ii) facilitate the transportation and processing of PaintCare <br />Products by Haulers as set forth in this Agreement, (iii) pay the Service Provider for any <br />Additional Activities as set forth in this Agreement, and (iv) perform other services <br />incident to the management of the Program. <br />7.2 PaintCare’s payment for any Additional Activities provided by the Service Provider, if <br />any, will be made in U.S. currency and in the manner set forth in Attachment B <br />(“Pricing”). <br />7.3 If the Service Provider is performing any Additional Activities under this Agreement, the <br />Service Provider shall provide an “Activity Report for Reimbursement” form (Attachment <br />E) to PaintCare on a monthly basis, either by hard copy or electronically, within thirty <br />(30) days after the end of the month in which the invoiced Additional Activity services <br />were performed. The report may be sent with or without a separate invoice. The Service <br />Provider’s timely submission to PaintCare of the Activity Report for Reimbursement form <br />in Attachment E is sufficient to meet the invoicing requirements hereunder. PaintCare <br />reserves the right to refuse payment of any invoice or portion thereof that is not timely <br />submitted or does not meet the requirements set forth in this Agreement.