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4.2 5.1 5.2 5.3 5.4 PaintCare represents, covenants, and warrants that: a. it is a non-profit entity formed under the laws of the state of Delaware, in good standing, and is 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. the execution and delivery of this Agreement has been validly authorized by all necessary corporate action by PaintCare; and c. this Agreement does not in any way conflict with any other agreements of PaintCare. ARTICLE 5 - GENERAL OBLIGATIONS OF PAINTCARE PaintCare shall arrange for a Hauler to be available to pick up Collected PaintCare Products from any permanent Drop-Off Site within ten (10) business days of the Drop- Off Site placing a pick-up request to the Hauler. PaintCare shall, at its expense, arrange for the Hauler to transport such PaintCare Products after pick-up to intermediary locations, processors, or other final destination that are part of the Program. Provided that the Service Provider provides PaintCare with sufficient notice as required under this Agreement, PaintCare (or its Hauler) will coordinate with the Service Provider to arrange for the timely pick-up of PaintCare Products Collected at a Temporary Collection Event at a date and time designated by the Service Provider. PaintCare shall pay the Service Provider for any AdditionalActivities as set forth in this Agreement and in accordance with the pricing in Attachment B ("Pricing"). For each Drop-Off Site, PaintCare shall provide Collection Bins to the Service Provider or approve the Service Provider's containers as Collection Bins. All Collection Bins supplied by PaintCare will remain the property of PaintCare. PaintCare shall require the Haulers and their subcontractors to treat, store, and dispose of in accordance with all applicable Law all PaintCare Products picked up by Hauler from a Drop-Off Site. PaintCare shall require that any disposal or recycling facilities utilized as part of the Program are maintained in accordance with all applicable Law. PaintCare will contract with its Haulers to arrange and proviile for the ultimate disposition of the PaintCare Products as set forth in PaintCare's program plan. Nothing herein creates an exclusive arrangement between PaintCare and the Service Provider. The Service Provider may not restrict PaintCare from contracting with other entities under the Program, including other service providers with waste collection facilities in the Service Provider's geographical region. lf PaintCare or a Hauler causes any damage to the Service Provider's or one of its subcontractor's property, PaintCare shall, at no expense to the Service Provider, either (i) promptly replace the damaged property or repair it to the condition existing before the damage, or (ii) require the Hauler to replace the damaged property or repair it to the condition existing before the damage. 5.5 5.6 5.7 5.8 7