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<br /> • ` COMMERCIAL PROPANE GAS SALES AGREEMENT
<br /> • (CUSTOMER-OWNED PROPANE EQUIPMENT)
<br /> Suburban Propane,L.P.("Suburban"or'Seller")Address: 12820 34TH AVE NE MARYSVILLE,WA.98271
<br /> Telephone 360 -659 . 1251 Fax 360 - 659 - 9781 _ Email CSC 1406 @suburbenpropane,wm
<br /> Agreement Date Account Number Account Representative Name CSC Number
<br /> •
<br /> 8-16-11 27369 TANK 4 JAMIE 1406
<br /> Customer Name("Customer') Business Telephone Number Cell Telephone Number
<br /> CITY OF EVERETT FILTRATION PLANT • (PO#UT11049) 425-257-8746(A/P) MAIN 425-257-8200
<br /> Customer's Tax Identification Number Fax Number Email Address
<br /> 91-6001248 425-257-8741 (A/P)
<br /> Billing Address City State Zip Code
<br /> PO BOX 12130 EVERETT WA 98206 •
<br /> Delivery Address City State Zip Code
<br /> 6133 LAKE CHAPLAIN RD MONROE WA 98272
<br /> Seller and Customer(collectively referred to as"parties")hereby enter Into this Commercial Propane Gas Sales Agreement("Agreement")and agree as follows.
<br /> I. PROPANE AND EQUIPMENT: Customer shall purchase from Seller all of Customer's consumption requirements for LP-Gas("Propane"),Customer
<br /> acknowledges that It is Customer's responsibility to timely supply, Install,operate, maintain and protect, at Customers expense, all storage onk(s),
<br /> tylinder(s), regulator(s),meter(s),related exterior and interior piping and other equipment at the Delivery Address necessary for use for Propane service
<br /> ("Customer-owned equipment")and Customer warrants ownership,quality and structural Integrity of the same during the entire term of this Agreement In
<br /> the event that Customer requests Suburban to replace any Customer-owned storage or distribution equipment,or to lease to Customer any Suburban-
<br /> owned storage equipment,Customer understands that Suburban and Customer may agree to do so under the terms and conditions of a mutually-acceptable
<br /> separate agreement, As of the Agreement Date set forth above,all existing exterior and interior propane piping,all piping that may hereafter be installed
<br /> by Suburban,and each of the items listed below,together with all units and appliances In use at the Delivery Address at any time,are regarded hereunder
<br /> as Customer-owned equipment:
<br /> DESCRIPTION SIZE SERIAL NUMBER QUANTITY MANUFACTURER
<br /> TANK(s)
<br /> CYLiNDER(s) SEE ATTACHED RIDER
<br /> REGULATOR
<br /> MODEL NO.
<br /> METER
<br /> MODEL NO.
<br /> Customer represents that he/she has the legal right and landowner's consent,If applicable,to arrange for Propane service at the Delivery Address for the duration of this
<br /> Agreement, For reasons of safety,all Customer-owned equipment shall be operated solely on Propane suppled by Suburban and Customer agrees that only Suburban and its
<br /> authorized representatives shall deliver Propane to Customer-owned equipment Customer Is responsible for proper grounding/bonding of propane piping,shall arrange for
<br /> protection of regulators from the elements and,where applicable,for protection of piping,regulators,meters,etc.from the forces of accumulated snow/ice.
<br /> 2. SCHEDULE OF INITIAL PRICE AND FEES*: Customer agrees to purchase Propane at the Initial per gallon price of$2.88577 CURRENT
<br /> together with the following fees and charges,as applicable,as set forth below or on Invoices/statements:
<br /> •
<br /> MINIMUM MONTHLY PURCHASE REQUIREMENT("MMR")**:$• PER DELIVERY METER READ FEE:$
<br /> MINIMUM ANNUAL PURCHASE REQUIREMENT: gallons
<br /> "Additionally,Suburban reserves the right to charge a REG Fee,Transportation Fuel Surcharge,Emergency/Special Delivery Fee and other fees,under appropriate circumstances
<br /> and when not prohibited by law. Prices end fees in effect as of Agreement Date are subject to future change based upon market fluctuations and other factors. Customer
<br /> agrees that Seller may escalate/de-escalate its price schedule and fees as circumstances may reasonably dictate.Price and fee information is available from Suburbans local
<br /> office. ""The MMR will not be charged when Customer's bill for Propene delivered exceeds the MMR prorated on a daily basis between deliveries,
<br /> 3. CUSTOMER'S RESPONSIBILITIES: Customer,at Its sole cost and expense,shell be responsible for,and Seller's obligations under this Agreement shall be
<br /> expressly pre-conditioned upon, Customer's timely provision of trained personnel for the installation, operation and maintenance of the Customer-owned
<br /> equipment as required by law or regulation. In addition,Customer shall notify Seder of changes In fuel consumption that may require adjustment of volume
<br /> and/or frequency of fuel deliveries.
<br /> 4. TERM;EARLY TERMINATION: This Agreement shall continue for an Initial term of year(s)from the date hereof and thereafter shall
<br /> automatically renew on a year to year basis urdess terminated at the end of the Initial term or subsequent anniversary dates by either party upon not less than
<br /> sixty(60)days prior written notice to the other party. If during the term of this Agreement Customer shall purchase Propane from a supplier other than Seller,
<br /> Seller may elect to terminate this Agreement for Customer's breach.
<br /> •
<br /> 5. PAYMENT TERMS AND POLICY:Invoices shall be due and payable upon Customer's receipt thereof. If Customer's credit shall for any cause be deemed
<br /> unsatisfactory by Seller,Seller shall have the right to require payment in advance before making further deliveries.Invoices remaining unpaid more than thirty
<br /> (30)days from Invoice date shall be subject to late payment charges consistent with applicable law, Without further notice, Seller may suspend Propane
<br /> delivery for non-payment of Invoices)more than sixty(60)days from Invoice date(s). Resumption of Propane delivery after a suspension Is subject to an
<br /> inspection charge, Tale to Propane shall remain with Seller until Customer has paid for it,and is subject to recovery by Suburban in the event of non-payment
<br /> Customer agrees that Suburban shall have the right to access Customer-owned equipment to recover Its Propane not paid for by Customer, and Customer
<br /> agrees to pay applicable equipment pump out and other reasonable charges relating to such recovery not prohibited by law. Customer shall pay all government
<br /> fees and taxes imposed upon or with respect to the sale,storage or use of Propane sold hereunder.
<br /> DISTRIBUTION: ' CUSTOMER - COPY OFFICE - COPY Item No.1539546 AGR-1077-0511
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