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possession of and remove such equipment without resort to legal process and hereby releases Company from any claim or right of action for trespass or damages caused by reason of such entry and removal . 12. Nonconforming Waste Material , 12 . 1 Waste material shall be considered nonconforming if: ( 1 ) it has constituents, concentrations, characteristics, components or properties not specified in (a) the approved Waste Characterization Form on file with the Company or (b) the Sample Analytical ; (2) the waste material is used oil , the used oil contains greater than 1000 ppm total halogens and the hazardous waste presumption of this used oil cannot be rebutted. 12 .2 If Company determines within thirty (30) days after delivery of waste material from Customer' s facility that the waste material is nonconforming pursuant to 12 . 1 above, Company shall immediately notify Customer, and shall, at Company' s election, either arrange with Customer for the satisfactory disposition of such waste material upon mutually agreeable terms and conditions, or reject and return such nonconforming waste material to Customer without further obligation . If Company elects to reject and return the waste material, Customer shall promptly arrange for its return and shall pay reasonable charges for Company' s handling and time involved up to the time of the return . 12 .3 At any time, Company may, upon reasonable grounds to believe that waste material furnished by Customer is nonconforming, so notify Customer and require that Customer have a sample or samples thereof chemically analyzed by a qualified, reputable, independent laboratory acceptable to Company. The results of such chemical analysis shall be furnished to Company. If the chemical analysis demonstrates that the waste material is conforming, Company shall pay the costs of the analysis . 12 . 4 Any waste material containing any of the Prohibited Wastes as specified in the Company ' s waste acceptance and/or Permit shall be considered nonconforming. 13 . Title. 13 . 1 Title to and liability for conforming waste material shall pass from Customer to Company when the loading operation of the waste material onto -vehicles provided by the Company has been completed and said vehicles are ready to leave the facility of the Customer. If transportation is provided by the Customer, then title passes from Customer to the Company when unloaded at Company ' s site. 13 .2 Title and liability for nonconforming waste material shall at all times remain with the Customer, unless, upon the discovery that the waste material is nonconforming, Company agrees in writing to perform services under this Agreement. 13 .3 Should Company revoke acceptance of any nonconforming waste material as provided in 12 .0 above, title to and liability for such waste material shall revest in Customer at the time such revocation is communicated to Customer, regardless of who has physical possession of such waste material . Company shall take all reasonable steps appropriate to protect the waste material until Customer can properly retake possession thereof. 13 .4 Company shall have title to all materials recovered from Customer' s waste material . 14 . Miscellaneous . If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included . These terms , together with any quotation, purchase order or acknowledgement issued or signed by the Company, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Customer' s documents, unless separately signed by Company. No course of dealing or performance, usage of trade ,or failure to enforce any term shall be used to modify the Agreement. If any of these terns is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other teems shall remain in full force and effect. Customer may not assign or permit any other transfer of the Agreement without Company ' s prior written consent. The Agreement shall be governed by the laws of the state of Delaware without regard to its conflict of laws provisions . 15 . Payment For Oil . All payments for oil shall be based on net recovered oil gallons, as determined by the Company at the Company' s laboratory equipped receiving facility . The payment for oil rate shall be subject to a monthly adjustment based on the previous months average price for a gallon of Gulf Coast Residual Fuel as published by The USDOE website http ://tonto .eia .doe .gov/dnav/ pet/ hist/ LeafHandler ashx?n = pets = rfollusg5&f= m with the corresponding pay for oil price bracket shown on attachement A. The new price each month will become effective on the 15th day of each new month . 4