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HOST KIOSK SERVICES AGREEMENT
<br />Page 1 of 14
<br />This Host Kiosk Services Agreement including as
<br />amended, supplemented, or otherwise modified from
<br />time to time (the “Agreement”) is entered into between
<br />MED-Project WA, LLC, a Washington, D.C. limited
<br />liability company with offices at 1800 M Street, NW,
<br />Suite 400 South Washington, DC 20036 (“MED-Project”),
<br />and City of Everett, a Washington law enforcement
<br />agency with offices at 3002 Wetmore Avenue, Everett,
<br />Washington 98201 (“Host”) (each individually, a “Party,”
<br />collectively the “Parties”).
<br />The Parties agree that the Host Kiosk Services
<br />Agreement by and between MED-Project WA, LLC and
<br />Host dated August 26, 2022, is terminated and replaced
<br />with this Host Kiosk Services Agreement. The Parties
<br />agree that the paragraphs of the August 26, 2022
<br />Agreement identified in Section 13 of the August 26,
<br />2022 Agreement shall survive the execution of this
<br />Agreement.
<br />NOW, THEREFORE, in consideration of the mutual
<br />promises and covenants set forth herein and for other
<br />good and valuable consideration, the receipt and
<br />sufficiency of which is hereby acknowledged, the Parties
<br />agree as follows:
<br />1. Definitions.
<br />1.1. “Applicable Laws” shall mean all applicable
<br />federal, state, and local laws, statutes,
<br />ordinances, codes, rules, regulations, orders,
<br />decrees, or pronouncements of any
<br />governmental, administrative, or judicial
<br />authorities including, but not limited to, the
<br />“Take-back Law” (defined below) with respect
<br />to each “Jurisdiction” (defined below), federal
<br />Controlled Substances Act, 21 U.S.C. §§ 801
<br />et seq., U.S. Drug Enforcement
<br />Administration controlled substance disposal
<br />regulations, 21 C.F.R. §§ 1300 et seq., U.S.
<br />Department of Transportation Hazardous
<br />Materials Regulations, 49 C.F.R. Parts 171-
<br />185, the applicable state laws identified in
<br />Exhibit B, and any amendments or
<br />modifications to these legal requirements.
<br />1.2. “DEA” shall mean the U.S. Drug Enforcement
<br />Administration.
<br />1.3. “Effective Date” shall mean the date defined in
<br />Agreement § 23.
<br />1.4. “Rapid Response Requests” shall mean requests
<br />for “Program Services” (defined below) in
<br />response to any events, situations, activities, or
<br />circumstances that pose a risk or potential risk
<br />of harm or injury to property or persons.
<br />1.5. “Host Collection Site” shall mean a “Potential
<br />Host Site” (defined below) that: (i) has a
<br />“Manager” (defined below) and (ii) either has a
<br />“Kiosk” (defined below) or has requested a
<br />Kiosk pursuant to Agreement § 4.2.
<br />1.6. “Host Services” shall mean the obligations
<br />identified in Agreement § 4.
<br />1.7. “Installation Vendor” shall mean any qualified
<br />vendor contracted by MED-Project to perform
<br />Installation Vendor obligations under this
<br />Agreement and identified further in Exhibit D,
<br />and any Installation Vendor assignees or
<br />subcontractors.
<br />1.8. “Jurisdiction” shall mean a state, county, city,
<br />or other jurisdiction identified in Exhibit A.
<br />1.9. “Kiosks” shall mean receptacles used for the
<br />collection of “Unwanted Medicine” (defined
<br />below) and approved by MED-Project.
<br />1.10. “Losses” shall mean any costs,
<br />expenses, damages, or diminution of value.
<br />1.11. “Manager” shall mean the respective
<br />individuals identified in Exhibit C for each Host
<br />Collection Site.
<br />1.12. “Plan” shall mean the respective approved
<br />MED-Project Product Stewardship Plan for
<br />drugs operating in each Jurisdiction.
<br />1.13. “Potential Host Site” shall mean a Host
<br />facility: (i) physically located within a
<br />Jurisdiction; (ii) that may become a Host
<br />Collection Site for Unwanted Medicine under
<br />Applicable Laws; and (iii) that is identified in
<br />Exhibit C.
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