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3.12 3.13 3.14 3.15 3.16 spill prevention and response procedures at the Drop-Off Sites, and (iii) training Drop- Off Site personnel on all such spill prevention and response procedures. Work under this Agreement shall be performed only by competent personnel under the management, supervision, and direction of, or in the employment of, the Service Provider. All personnel working for or at the direction of Service Provider must be managed, supervised, and directed by the Service Provider The Service Provider shall commit adequate resources to participate in the Program and meet its obligations under this Agreement. The reporting and notification requirements identified in AttachmentA ("Scope of Work") and elsewhere in this Agreement are an integral part of the Services. The Service Provider shall comply with all reasonable requests from PaintCare for preparation, access, review, and/or adjustment of these deliverables throughout the term of this Agreement. The Service Provider shall inspect the Collection Bins upon arrival and determine whether they are in proper condition for use. PaintCare is responsible for replacing any defective Collection Bins and repairing normalwear-and-tear to the Collection Bins. The Service Provider shall immediately notify PaintCare if at any point during the term of the Agreement a Collection Bin(s) is not in proper condition for use and shall not use any such defective Collection Bins until they are repaired or replaced by PaintCare. The Service Provider is responsible for its use (or misuse) of any equipment it uses to perform the Services, including any Collection Bins. The Service Provider shall not knowingly accept into the Program any oil-based paint or other hazardous materials from any business or organization unless that business or organization first signs the Paint Drop-Off Log to verify the business's or organization's eligibility to use the Program for such materials. ARTICLE 4 - REPRESENTATIONS AND WARRANTIES The Service Provider represents, covenants, and warrants that: a. lt is an entity in good standing and qualified to carry on business in the State and has all necessary approval, capacity, and authority to enter into this Agreement and fully perform its obligations under this Agreement; b. This Agreement does not in any way conflict with any other agreements of the Service Provider; c. lt possesses the business, professional, and technical expertise, training, personnel, and equipment required to perform the Services; d. lt will perform the Services in a diligent, safe, and workmanlike manner that conforms with generally accepted industry and professional practices, and the care and skill ordinarily exercised, for such Services; and e. lt and/or its facilities, employees, or agents, have been issued, as of the date of this Agreement and throughout the term of the Agreement, all permits, licenses, certificates, or approvals required by applicable Law to perform the Services. 4.1 6