Amendment to Professional Services Agreement - Quest Diagnostics - Employee Substance Abuse Testing

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Page 1 of 1 EXHIBIT B TO SUBSTANCE ABUSE TESTING SERVICES AGREEMENT Point of Collection Test (POCT Provisions) Quest Diagnostics will provide the Point of Collection Test (POCT) Drug/Alcohol device to the Purchaser, subject to the following provisions: PRICING TERMS: Purchaser agrees to purchase, pay for and receive the actual quantity of POCT kits ordered. Product Number Product Name Price Per Kit P000140 P0001 40-Integ rated Multi -Drug Screen Cup 6 Panel $10.50 SHIPPING TERMS: Purchaser is responsible for shipping, handling and any applicable sales/use tax. The entire order can be shipped within thirty (30) days of the execution and acceptance of this Agreement. Partial shipment of the order is also available; please indicate the quantity to be shipped. RETURN TERMS: The On -Site Drug/Alcohol POCT product is not returnable except for the following reasons or as otherwise required by applicable law: • Device is defective; • Units were received damaged or incomplete; and/or • Units were delivered to Purchaser by Quest Diagnostics past the marked expiration date as indicated on the POCT Device. No refunds will be issued for returned devices. Devices returned for any of the above reasons will be replaced at no additional cost to Purchaser. In the event Quest Diagnostics or Purchaser discontinues or terminate the Agreement or this Exhibit, Purchaser will be obligated to pay for any POCT kits provided to Purchaser prior to the discontinuance or termination of services. LEGISLATIVEIREGULATORY CHANGE: In the event federal or state legislative and/or regulatory changes impact Quest Diagnostics's ability to provide Point Of Collection Test devices, Quest Diagnostics will retain the right, upon prior written notice to Purchaser, to immediately amend the Agreement or this Exhibit to fully comply with any legislative or regulatory changes, including termination of this Exhibit where applicable. This Exhibit may be terminated separate and apart from the underlying Agreement. COMPLIANCE WITH LAWS: Use of POCT kits for workplace drug testing is not authorized in every state or U.S. territory. Purchaser is solely responsible for determining if the POCT kits can be used in a specific state or if the POCT kit is restricted in any given state. Purchaser agrees that Purchaser will not use the POCT kit in a state where such use is unlawful or for a purpose which is unlawful. Certain POCT kits for workplace drug testing are designated as prescription devices. Purchaser is solely responsible for compliance with all U.S. Food and Drug Administration (FDA) requirements applicable to the ordering, receipt, and use of these devices. INTENDED USE: POCT test devices provide only a preliminary analytical test result and a more specific alternative method must be used to obtain a confirmed result (e.g., GC/MS confirmation). Purchaser can make arrangements for Quest Diagnostics to provide such confirmatory testing. file:lll C:/UserslcvillailrlAppData/LocallMicrosoftlWindows/Tempoxaty%20Internet%20FileslContent, Outl, .. 9/2 8/2017