Paint Stewardship Agreement - Laserfiche WebLink

Home Browse Search

ARTICLE 11 - TERMINATION OF AGREEMENT 11.1 Either party may terminate this Agreement or any Services under this Agreement under the following conditions: a. lmmediately upon prior written notice if the other party has breached any material provision of this Agreement, and has failed to cure such breach within thirty (30) days of receiving written notification of such breach; or b. upon ten (10) days' prior written notice if the other party has violated applicable Law. . Any notice of termination must specify the date of termination and the reasons for termination. 11.2 Either party may terminate this Agreement (in whole or in connection with one or more particular Drop-Off Sites) at any time without cause upon sixty (60) days'written notice to the other party. 11.3 lf this Agreement is terminated under this Article, PaintCare shall pay the Service Provider for any unpaid fees validly owed under the Agreement for any Additional Activities performed before the date of the termination. Other than its obligation to pay the Service Prpvider for any unpaid fees as provided in this paragraph, PaintCare will have no liability arising from any termination or expiration of this Agreement. 11.4 At the time of any termination of this Agreement, unless othennrise instructed by PaintCare, the Service Provider shall assemble all Collection Bins supplied by PaintCare, whether or not full, and shall make them available for pick up by a Hauler at one of the Service Provider's Drop-Off Sites. ARTICLE 12 - ASSIGNMENT AND SUBCONTRACTING 12.1 Neither party may assign, novate, or othenryise transfer (including transfer by operation by law) this Agreement or the obligations and rights hereunder without the express written consent of the other party, which consent shall not be unreasonably withheld. Any attempted assignment, novation, or other transfer made in violation of this Article is void and has no effect. Notwithstanding the foregoing, PaintCare will provide notice but does not require prior consent to assign the Agreement to an entity that is at least fifty percent (50%) owned or controlled by PaintCare or to an entity that owns or controls at least fifty percent (50%) of PaintCare. 12.2 Either party may subcontract any part of its obligations under this Agreement. Nothing contained in this Agreement or otherwise, creates any contractual relationship between a party and any subcontractor of the other party. A subcontract does not relieve a party of its responsibilities and obligations hereunder. lt is the subcontracting party's responsibility to ensure that any subcontractor is aware and complies with the terms of this Agreement relating to the services being performed by that subcontractor. The subcontracting party agrees to be as fully responsible to the other party for the acts and omissions of its subcontractors as it is for its own acts and omissions. 12.3 The Service Provider's obligation to pay its subcontractors is an obligation independent from PaintCare's obligation to make payments to the Service Provider. Neither party has L2