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13 . Forward shall indemnify, defend and hold harmless Disposer, its affiliates, and their officers, directors, employees, agents, representatives, successors and assigns from and against any and all Liabilities, to the extent arising from Forwards breach of this agreement or the negligence or willful misconduct of Forward or its contractors or agents regarding the handling, transportation, transfer or disposal of the Soil. 14 . The warranties and indemnities in this agreement and any related document, including but not limited to the Waste Characterization Form, shall survive the termination of this agreement. 15. Subject to Paragraph 6 above, , title to the Soil shall pass to Forward upon delivery of the Soil to the Landfill. 16. In the absence of Forward's written consent, , which Forward may withhold in its sole discretion, Disposer shall not (1) assign or transfer any right of Disposer under this agreement, or (ii) delegate or sub-contract any portion of the Disposer's obligation under this agreement. —..• 17 . This agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes al previous communications, negotiations and agreements, whether oral or written, between the parties with respect to such subject matter, and any additions to or modifications or waivers of any provisions of this letter agreement shall not be binding on either party unless made in writing and executed by both parties. 18 . If any action or proceeding is brought to enforce the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys fees and costs. 19 . Forward shall send out billing statements monthly. Disposer shall make payment within thirty (30) days of receipt of such statements. Disposer shall pay a service charge of one and one half percent ( 1 . 5%) on all accounts thirty (30) days past due. 4