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<br />HOST KIOSK SERVICES AGREEMENT <br /> <br />Page 2 of 14 <br /> <br />1.14. “Program Services” shall mean the <br />obligations identified in Agreement § 3. <br />1.15. “Take-back Law” shall mean, for each <br />respective Jurisdiction, a law, regulation, <br />ordinance, or other legal requirement identified <br />in Exhibit A. <br />1.16. “Unwanted Medicine” shall mean <br />unwanted medicine, including but not limited to <br />covered drugs, as defined in the respective Plan <br />operating in each Jurisdiction. <br />1.17. “Vendor” shall mean any qualified <br />vendor contracted by MED-Project to perform <br />Vendor obligations under this Agreement and <br />identified further in Exhibit D, and any Vendor <br />assignees or subcontractors. <br />2. Representations and Warranties. <br />2.1. Host hereby represents and warrants as <br />follows: <br />2.1.1. Host is currently, and shall remain, in <br />compliance with all Applicable Laws <br />regarding the collection, handling, <br />processing, and disposal of Unwanted <br />Medicine; <br />2.1.2. Host possesses all required <br />authorizations and authority to enter into <br />this Agreement and this Agreement has <br />been duly authorized and executed by <br />Host in compliance with all required <br />authorizations; and <br />2.1.3. Host’s execution, delivery, and <br />performance of this Agreement does not, <br />and will not, conflict with any agreement, <br />instrument, or understanding to which <br />Host is a party or by which it may be <br />bound. <br />2.2. MED-Project hereby represents and warrants <br />for itself, and to the extent applicable, with <br />respect to Vendor, as follows: <br />2.2.1. Vendor is currently, and shall remain, in <br />compliance with all Applicable Laws <br />regarding the collection, handling, <br />processing, and disposal of Unwanted <br />Medicine; <br />2.2.2. MED-Project possesses all required <br />authorizations and authority to enter into <br />this Agreement and this Agreement has <br />been duly authorized and executed by <br />MED-Project in compliance with all <br />required authorizations; and <br />2.2.3. MED-Project’s execution, delivery, and <br />performance of this Agreement does not, <br />and will not, conflict with any agreement, <br />instrument, or understanding to which <br />MED-Project is a party or by which it may <br />be bound. <br />3. Program Services. <br />3.1. MED-Project, Vendor, and Installation Vendor <br />shall perform all obligations required of them <br />under this Agreement in compliance with <br />Applicable Laws. <br />3.2. Program Services are available only to Host <br />Collection Sites physically located in a <br />Jurisdiction with a Plan. Notwithstanding the <br />prior sentence, MED-Project, in its sole <br />discretion, may choose to provide the Program <br />Services where a Plan is under development <br />and pending approval. <br />3.3. MED-Project shall: <br />3.3.1. If Host requests a Kiosk from MED- <br />Project pursuant to Agreement § 4.2, and <br />MED-Project approves the Kiosk request <br />(which MED-Project shall not unreasonably <br />deny), within 90 days of the approval have <br />a Kiosk delivered to Host at a time <br />mutually agreed to by both Parties and <br />when the Manager is present; and <br />3.3.2. Have Kiosk maintenance performed if <br />requested by the Manager and MED- <br />Project approves the request (which MED- <br />Project shall not unreasonably deny) or if <br />deemed necessary by Vendor or MED- <br />Project. <br />3.4. MED-Project or Vendor shall: <br />3.4.1. Upon Kiosk installation and the Host <br />Collection Site’s receipt of all necessary <br />authorizations to collect Unwanted