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Customer:Orange County, NC ReC211341755
<br />"Intellectual Property" means any domestic or foreign intellectual property, registered or unregistered, including
<br />patents, copyrights, designs, trade-marks, trade names, business names, corporate names, inventions, trade secrets,
<br />proprietary and non-public business information, Confidential Information, know-how, methods, processes,
<br />technology, software, data, schematics, content, specifications, graphics, photos, logos, artwork and documentation
<br />relating to any of the foregoing.
<br />"Fees" has the meaning given in Section 5.1.
<br />"Governmental Authority" means any federal, provincial,territorial, municipal or foreign government or political
<br />subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated
<br />organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the
<br />rules, regulations or orders of such organization or authority have the force of Law), or any arbitrator, court or tribunal
<br />of competent jurisdiction.
<br />"Law" means any statute, ordinance, regulation, rule,code, constitution, treaty, common law, order or other
<br />requirement or rule of law of any Governmental Authority.
<br />"Personal Information"means any information about an identifiable individual collected by ReCollect in the course
<br />of providing the Services (other than the name, title and business contact information of the Customer's
<br />Representatives).
<br />“Population” means the population within the municipality,region or other area served by the Customer in the course
<br />of the Customer ’s waste collection service.
<br />"ReCollect Content" means any Intellectual Property created, acquired, or licensed by ReCollect and included in the
<br />ReCollect Platform and/or the Services, other than Customer Content.
<br />"ReCollect Materials" means the ReCollect Platform,the ReCollect Content, the ReCollect Systems and any and all
<br />other information, data, documents, materials, works and other content, devices, methods, processes, hardware,
<br />software and other technologies and inventions, including any deliverables, technical or functional descriptions,
<br />requirements, plans or reports, that are provided or used by ReCollect in connection with the Services or otherwise
<br />comprise or relate to the Services, the ReCollect Platform or the ReCollect Systems. For the avoidance of doubt,
<br />ReCollect Materials do not include Customer Content.
<br />"ReCollect Systems" means the information technology infrastructure used by or on behalf of ReCollect in
<br />performing the Services, including all computers, software, hardware, databases, electronic systems (including
<br />database management systems) and networks, whether operated directly by ReCollect or through the use of
<br />third-party services.
<br />"ReCollect Platform" means ReCollect mobile phone applications, web widgets, back-office administration
<br />dashboard, APIs and any third-party or other software that ReCollect provides remote access to, or a license to use,
<br />as part of the Services, and all new versions, updates, revisions, improvements and modifications of the foregoing.
<br />"Renewal Term" has the meaning given in Section 4.2.
<br />"Representative" means, with respect to a party, any employee, contractor (excluding the other party), agent or
<br />representative of a party.
<br />"Service Critical Incidents" means any defect in the ReCollect Platform that significantly impairs the Customer's
<br />ability to use the ReCollect Platform.
<br />"Services" has the meaning given in Section 1 of the Cover Pages.
<br />“Service Address” means a residential or business address served by the Customer in the course of the Customer’s
<br />waste collection service.
<br />"Taxes" has the meaning given in Section 5.5.
<br />"Term" has the meaning given in Section 4.2.
<br />"Termination Date" has the meaning given in Section 1 of the Cover Pages.
<br />"Unavoidable Event" means, in respect of a party,any event beyond the reasonable control of such party, including
<br />acts of God, flood, labor disturbances, earthquakes, storms, fire, lightning, epidemic, war, riots, civil disturbance or
<br />disobedience, restraint by government body, or default by a third party internet, infrastructure or service provider.
<br />"User" means an end user of the Services.
<br />“Waste Wizard” means the functionality in the ReCollect Platform that allows a customer to search by item to
<br />determine the correct way to dispose of the item.
<br />RECOLLECT SUBSCRIPTION SERVICE AGREEMENT v 7.2 Page 4
<br />DocuSign Envelope ID: 760DC837-0C4A-440B-B022-A49D26318C57
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