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