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<br /> 4. CUSTOMER'S RESPONSIBILITIES: Customer, at its sole cost and expense, shall be responsible for, and Sellers
<br /> obligations under this Agreement shall be expressly pre-conditioned upon Customer's timely provision, installation,
<br /> operation, security and maintenance of each item checked below:
<br /> X All permits,variances and other necessary approvals required by federal, X Vehicle protection as required by law or regulation;
<br /> state or local government for the installation and operation of the Equipment;
<br /> X Pump,motor and meter maintenance;
<br /> Excavation,trenching and backfill for Underground pipe and storage X
<br /> container,necessary sand beds,clearance,leveling and related site Non-combustible fencing required by law or
<br /> preparation for instailatin of Equipment Including notification of r egulatlon;
<br /> X underground facility markout service; Unloading riser fittings;
<br /> Concrete slabs or piers to Suburban's specifications for Propane bulk Vaporizer;
<br /> storage tank(s);
<br /> X Electric power,wiring and lighting(Class 1 Group D
<br /> Piping from-Propane-bulk-storage tank or tank manifold terminal to Explosion Proof)
<br /> X other equipment; X
<br /> Adequate truck access way for delivery of Propane clear of obstruction, Trained personnel as required by law or regulation;
<br /> X snow and debris;
<br /> All fire protection requirements and fire prevention equipment,
<br /> in eluding fire extinguishers;
<br /> 5. PAYMENT TERMS: Payment in full is due upon the earlier of the Customer's receipt of Suburban's Invoice or monthly
<br /> Statement. If Customer's credit shall for any cause be deemed unsatisfactory by Seller, Seller shall have the right to
<br /> require payment in advance before making further deliveries. invoices remaining unpaid more than thirty(30)days from
<br /> delivery date shall be subject to late payment charges consistent with applicable law. Seller may suspend Propane
<br /> delivery and disconnect Equipment, without further notice, for non-payment of Invoices more than sixty (60) days from
<br /> delivery date. Reconnection of Equipment after a suspension Is subject to a reconnection charge.Title to Propane shall
<br /> remain with Seller until Customer has paid for it. Customer shall pay ail license, permit/inspection fees and taxes
<br /> imposed upon or with respect to the sale, installation, storage or use of Propane sold or Equipment leased hereunder.
<br /> 6. SAFETY: Customer agrees to provide all employees and agents at the Delivery Address and all end users of the
<br /> Propane sold hereunder with the safety information Suburban has provided to Customer. For additional safety
<br /> information, visit www.suburbanproparte,com or call 1-888.223.0029. Customer shall ensure that Its employees, agents
<br /> and end users are familiar with the odor of Propane and what actions to take if they smell, hear or see Propane.
<br /> Customer acknowledges that UL-listed gas and CO detectors are commercially available to provide an additional
<br /> warning of the presence of Propane or CO.
<br /> 7. MAINTENANCE; ACCESS: Customer agrees that no service of, connections to, disconnections from or the like will
<br /> be made to Seller's Equipment except by Seller's employees, affiliates or authorized representatives. Customer shall
<br /> notify Seller before any Propane fueled unit or appliance at the Delivery Address is to be connected, disconnected or
<br /> replaced, and before start-up of seasonal equipment. At ail times Customer shall grant Seller unobstructed access to
<br /> deliver to, service, change or remove Equipment. If access across a Customer-owned bridge is required, Customer
<br /> shall, as a condition precedent to Suburban's obligations, satisfy Suburban that the bridge will safely accommodate the
<br /> weight of the delivery vehicle. Customer shall not tamper with Equipment and shall not move it from its original
<br /> installation location, or part with its possession or encumber the Equipment in any way, and shall surrender the
<br /> Equipment to Seller upon any termination of this Agreement in the same condition as received, normal wear excepted.
<br /> Customer agrees to notify Seller immediately, both orally and in writing, of any apparent Equipment malfunction.
<br /> Customer agrees to pay for any diagnostic or service work and part sales for Customer-owned equipment in accordance
<br /> with mutually agreed upon labor rates and equipment charges. Seller reserves the right to subcontract any or all of the
<br /> work to be performed by It under this Agreement.
<br /> 8. TERMINATION; Customer and Landlord, if applicable, hereby agree(s) that upon termination of this Agreement,
<br /> Suburban shall have the absolute right to remove Its Equipment without notice to Customer or process of law.
<br /> Customer shall be solely responsible to pay for all costs associated with Equipment removal, and Suburban shall not
<br /> be liable for any injury or damage to the Delivery Address or any property of Customer located thereon occasioned by
<br /> removal of Seller's Equipment, including the removal of underground tanks, except arising out of the sole negligence of
<br /> Seller. Upon any termination of this Agreement not resulting from a default by Suburban, Customer agrees to pay those
<br /> charges relating to termination of service, including, without limitation, Equipment pump out, removal and cartage fees
<br /> and other reasonable charges, at the rates in effect at Seller's local office at time of pump out and/or Equipment
<br /> removal, Customer can obtain information on Seller's then current fees at any time from Seller's local office.
<br /> 9. INSURANCE: During the term and any extension or renewal of this Agreement, Customer shall maintain commercial
<br /> general liability ("CGL") insurance coverage with limits acceptable to Seller including products liability, completed
<br /> operations, and contractual liability coverages; and workers' compensation and employers' liability coverages. At
<br /> Seller's request, Customer shall provide it with a Certificate of Insurance that evidences such insurance coverage and
<br /> names "Suburban Propane Partners, L.P. and Its subsidiaries, affiliates and successors" as an additional Insured with
<br /> respect to Customer's CGL insurance policy. aa
<br /> Item No. 1527650 AGR-1009-1007
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