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vat vvi h.vvo lv:la rAA SUBURBAN PROPANE [NO2 <br /> • <br /> 6 •Suburban Pro City, <br /> COMMERCIAL PROPANE GAS SALES AGREEMENT <br /> Suburban Propane,LP. ("Suburban"or"Seller")Address: 12820 34th Ave NE Marysville WA 98271 <br /> TELEPHONE: 360 — 659 — 1251 csc1406�utxrncan <br /> EMAIL: <br /> Agreement Date Account Number Account Representative Name FAX Number <br /> 09/03/08 1406- STEVE HERTZ 360-659-9781 <br /> Customer Name("Customer') - -- _ <br /> Business Phone Number Email Address Tax Identification Number <br /> CITY/EVERETT-ANIMAL SHEL-T 425-257-8897 <br /> Billing Address City State Zip Code <br /> PO BOX 12130 ATTN:ACCTG EVERETT W 98206.2130 <br /> Delivery Address City <br /> 333 SMITH ISLAND RD EVERETT state W 9898Zip Code <br /> 205 <br /> Delivery Address Owner("Landiord")(If different than Customer) Home/Business Phone Number Email Address <br /> "CONTACT IS CHRIS LARK CELL 425-754-6363 FAX 425-257-8916 <br /> Seller and Customer (collectively referred to as "parties") enter this Commercial Propane Gas Sales Agreement <br /> • ("Agreement")and agree as follows: <br /> 1. PROPANE AND EQUIPMENT; Customer shall purchase from Seller all of Customer's consumption requirements <br /> for LP-Gas ("Propane"). Seller shall lease/install at the Delivery Address the following Suburban-owned equipment <br /> necessary for Propane service ("Equipment"). Seller may substitute/adjust Equipment if necessary in Seller's <br /> judgment.All replaced items shall also be regarded as"Equipment"hereunder. <br /> DESCRIPTION SIZE SERIAL NO. QUANTITY MANUFACTURER <br /> TANK(CYLINDER(5) ASME LEASED TANK 1000 1 <br /> REGULATOR 1 <br /> MODEL NO. 1ST STAGE <br /> METER <br /> MODEL NO. PIGTAIL, BLOCKS 1,6 <br /> Title to Equipment shall remain with Suburban at all times and shall not pass to Customer or any subsequent <br /> purchaser of the Delivery Address. Equipment shall not become fixtures notwithstanding the manner in which it is <br /> affixed to property. Customer warrants that Customer has the legal right and Landowner's consent, if applicable, to <br /> have the Equipment Installed and used at the Delivery Address for the duration of this Agreement. All Equipment <br /> shall be operated solely on Propane supplied by Suburban. Customer agrees that only Suburban and its authorized <br /> representatives shall deliver Propane and have contact with the Equipment. <br /> 2. SCHEDULE OF INITIAL PRICE AND FEES*: Customer agrees to purchase Propane at the initial per gallon price of <br /> $ 2.5035 together with the following fees and charges, as applicable, as set forth below or on Invoices/ <br /> statements: <br /> MINIMUM MONTHLY REQUIREMENT("MMR")": $ N/A REG FEE: $_ 3.81 +TAX/DELIVERY <br /> MINIMUM ANNUAL PURCHASE REQUIREMENT NIA gallons EMERGENCY/SPECIAL DELIVERY FEE: $ 150.00 <br /> EQUIPMENT LEASE FEE;$ 1'00 per month year(circle choice) TRANSPORTATION FUEL.SURCHARGE:$ 2.15 <br /> INSTALLATION FEE: $- NO CHARGE PER DELIVERY METER READ FEE: $ N/A <br /> SECURITY DEPOSIT:$ N/A(O.A.C.) EARLY TERMINATION FEEL: $ N/A <br /> *Prices and fees in effect as of Agreement Date are subject to future change based upon market fluctuations and other <br /> factors. Customer agrees that Seller may escalate/de-escalate its price schedule and fees as circumstances may <br /> reasonably dictate. Price and fee information is available from Suburban's local office. "The MMR will not be <br /> charged when Customer's bill for delivered Propane exceeds the MMR prorated on a daily basis between deliveries. <br /> tPayable If Customer terminates this Agreement prior to initial term, or Seller terminates this Agreement for cause, as <br /> agreed upon damages and not as a penalty. Customer shall be charged a REG FEE where allowed by law. <br /> 3. TERM; EARLY TERMINATION: This Agreement shall continue for a period of 1 year(s) from the date hereof <br /> ("initial term") and thereafter shall automatically renew on a year to year basis unless terminated at the end of the <br /> initial term or subsequent anniversary dates by either party upon not less than sixty (60) days prior written notice to <br /> 3 the other party. Equipment lease fee(s) during a renewal period may be subject to adjustment. If during the term of <br /> — this Agreement Customers shall purchase Propane from a supplier other than Seller, Seller may elect to terminate this <br /> Agreement for Customer's breach. <br /> Item No. 1527650 AGR-1009-1007 <br />