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reports, documentation or information concerning the site or Scope of Work which may reasonably be provided to Contractor. Customer represents and warrants to Contractor that Customer has the requisite legal right, title, and interest necessary to provide access to the job site. In the event subsurface or latent conditions at the work site materially differ from those indicated in the contract documents or if the latent or subsurface physical conditions are of an unusual nature not ordinarily found to exist in environmental service activities identified in the contract documents,the Contractor shall be entitled to an equitable adjustment of the Contract price and time. ARTICLE 5. Compensation 5.1 The payment terms set forth herein are contingent upon the approval of Contractor's Credit Department. In the event of a change in Customer's financial condition, Contractor reserves the right to alter, change, or modify payment terms, and to immediately stop work. The failure of Contractor to exercise its rights under this article at any time shall not constitute a waiver of Contractor's continuing right to do so. 5.2 Customer agrees to pay Contractor for Services in accordance with Contractor's Rate Schedule for emergency response work ("Rates") in effect at the time Services are rendered. Customer hereby assigns to Contractor all rights to any insurance payments that Customer may be entitled to receive to pay for the Services provided under this Agreement and hereby authorizes its insurance company or agent to pay Contractor directly. Customer's obligation to pay amounts due pursuant to this Agreement shall not be conditioned upon or limited by the types, amounts or availability of insurance coverage. 5.3 Contractor will present its first invoice to Customer as soon as possible following commencement of Services provided hereunder, and may issue subsequent invoices every five (5) days thereafter. Customer agrees to pay the full amount of each invoice amount within fifteen (15) business days of the date of receipt of said invoice by Customer's Representative. 5.4 Customer agrees that interest shall accrue and will be paid to Contractor on any unpaid balance of any invoice after fifteen (15)business days of receipt of invoice by Customer at the rate of one and one half percent(1.5%)per month or the maximum amount allowed by law. 5.5 In the event that legal or other action is required to collect unpaid balances of invoices due Contractor, Customer agrees to pay all costs of collection, litigation or settlement incurred by Contractor, including reasonable attorneys fees. "Legal or other action"as used above shall include bankruptcy and insolvency proceedings. 5.6 In the event that work is suspended or terminated for any reason prior to the completion of the Services, Customer agrees to pay for labor, equipment, materials, disposal and other costs incurred by Contractor at the Rates and for reasonable demobilization costs. Page 3 of 7 OGC/Rev 0612014