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5. Indemnification
<br />(a) Contractor hereby agrees to indemnify and hold Customer harmless from any losses,
<br />damages, suits, penalties, fines, costs, liabilities and expenses (including reasonable attorney's
<br />fees) arising out of any third party claim for (i) loss or damage to property or the environment,
<br />or (ii) injuries to or death of persons, including Customer's employees and agents, caused by or
<br />arising from Contractor's negligence, willful misconduct, or material violations of laws,
<br />ordinances, rules, regulations, orders or permits by Contractor in effect at the time that the
<br />services at issue are provided pursuant to this Agreement.
<br />(b) Customer hereby agrees to indemnify and hold Contractor harmless from any losses,
<br />damages, suits, penalties, fines, costs, liabilities and expenses (including reasonable attorney's
<br />fees) arising out of any third party claim for (i) loss or damage to property or the environment,
<br />or (ii) injuries to or death of persons, including Contractor's employees and agents, caused by or
<br />arising from Customer's negligence, willful misconduct, material breach of this Agreement
<br />(including the representations and warranties contained therein), material violations of laws,
<br />ordinances, rules, regulations, orders or permits, or the delivery to Contractor of Material that
<br />does not conform to the description of the Material set forth in this Agreement.
<br />(c) Neither party shall be liable to the other for special, consequential, incidental or punitive
<br />damages arising out of the non-performance of this Agreement or a breach hereof.
<br />6. Charges and Payments
<br />(a) Customer agrees to payy for the services performed pursuant to this Agreement in accordance
<br />with the terms set forth herein (including, without limitation, the surcharges shown on the Work
<br />Authorization Form, if and to the extent applicable), unless such terms are specifically modified
<br />in writing by both Parties.
<br />(b) Charges for services performed pursuant to this Agreement shall be in accordance with the
<br />applicable Work Authorization Form.
<br />(c) Payment for services performed pursuant to this Agreement shall be made within forty-five
<br />(45) days of the date Contractor renders its invoice Failure to make payment within that
<br />applicable payment period shall cause interest to commence accruing at a rate of one and one-
<br />half percent (1 1/2%) per month from the due date of the invoice or the maximum interest rate
<br />permitted under applicable law, whichever is greater, until payment in full (plus interest) is made
<br />and, in addition, shall entitle Contractor to pursue any other remedies available to Contractor
<br />hereunder, or at law or in equity. Customer shall also be responsible for all costs of collection
<br />including, without limitation, court costs, attorney's fees and lien fees.
<br />(d) Customer shall be solely responsible for all federal, state and local excise taxes, occupational
<br />taxes, sales taxes, use of service fees, environmental fees, recycling fees, local municipality fees,
<br />surcharges, transportation cost increases, fuel surcharges, costs of handling material, and other
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