If, during the Term, any Applicable Laws are changed or any new Applicable Laws are enacted that require Provider to make substantial and unanticipated expenditures (whether capitalized or otherwise) with respect to any Facility or the Services provided at such Facility under the applicable Agreement or any applicable Service Order, Provider may, subject to the terms of this Section  5.5 , impose a surcharge to increase the applicable Fees (“ Surcharge ”), to cover Customer’s share of the cost of complying with such Applicable Laws, based upon the percentage of Customer’s use of such Facility or Services impacted by such Applicable Laws.