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<br /> 6. SAFETY: Customer agrees to provide all employees and agents at the Delivery Address and all end users of the Propane sold hereunder with the safety
<br /> information provided by Seller to Customer. For additional safety information, including natural disaster and weather-related warnings, visit
<br /> www.suburbanoropane.com or call 1-888-223-0029. Customer shall ensure that its employees,agents and end users are familiar with the odor of Propane.
<br /> This Agreement may be terminated for any safety violation not remedied,
<br /> 7. MAINTENANCE;ACCESS;SERVICE: Customer agrees that no modifications,replacement,additions,repair,connections,disconnections or the like will be
<br /> made to Customer-owned equipment without prior notice to Suburban. Customer understands and agrees that it Is Customer, and not Suburban,who is
<br /> responsible to inspect Customer-owned equipment,at Customer's expense,except as otherwise required by law. Customer further agrees that Suburban shall
<br /> have no obligation to maintain.or repair Customer-owned equipment. At all times Customer shall provide Suburban with unobstructed access to deliver to
<br /> Customer-owned equipment, If access across a Customer-owned bridge is required,Customer shall,as a condition precedent to Suburban's obligations,satisfy
<br /> Suburban that the bridge will safely accommodate the weight of the delivery vehicle.Customer agrees to pay Suburban for any diagnostic or service work and
<br /> part sales for Customer-owned equipment, if offered by Suburban and purchased by Customer,In accordance with mutually agreed upon labor rates and
<br /> equipment charges.
<br /> 8, INSURANCE:While this Agreement remains In effect,Customer shall maintain commercial general liability("CGL")insurance coverage with limits acceptable
<br /> to Seller including products liability,completed 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 names"Suburban Propane Partners,LP.
<br /> and Its subsidiaries,affiliates and successors'as an additional Insured with respect to Customer's CGL Insurance policy. While this Agreement remains in effect,
<br /> Suburban shall maintain CGL and other appropriate Insurance coverages,In accordance with standard Industry practice.
<br /> 9, DAMAGES;INDEMNIFICATION;LIMITATION ON ACTION: Customer releases and agrees to Indemnify and hold Suburban harmless from any claim,
<br /> liability, Injury,damage, Including consequential damages,loss or expense,however caused,resulting from: Installation, removal,use,misuse,breakage or
<br /> malfunction of equipment or piping not owned by Suburban;any Customer-owned bridge failure or other premises liability;exhaustion of Customer's Propane
<br /> supply;service discontinuance;Customer's breach of this Agreement;and any negligent act or omission on the part of Customer, Suburban shall not be liable to
<br /> Customer,Customer's employees or any third party for personal injury,property or other damage,loss or expense unless resulthg from the sole negligence of
<br /> Suburban,or,for lost profits. Suburban's liability shall be limited to proven direct damages,not to exceed the fees paid by Customer over the twelve(12)month
<br /> period prior to the event giving rise to liability. This provision shall survive the termination or expiration of this Agreement, No demand,claim,suit or action
<br /> shall be made or brought against Seller,Its related business units,employees,agents,assigns or successors more than one(1)year after the date of the event
<br /> that caused any loss,damage or Injury.
<br /> 10. UNCONTROLLABLE INTERRUPTION OF SERVICE: Seller shall not be liable to Customer or other party for failure to supply Propane or for any delay,
<br /> loss or damage,or any failure to perform this Agreement due to any of the following"force majeure"conditions:flood,fire,adverse weather or environmental
<br /> condition, explosion, power blackout, strike, labor dispute, embargo, Inability to obtain sufficient or suitable materials, acts or omissions of carriers or
<br /> transportation facilities,government order or regulation;terrorist act,war,act of God,or any other cause beyond Seller's reasonable control,Including,without
<br /> limitation,failure of Customer-owned equipment to meet applicable safety standards,
<br /> 11. DEFAULT: Should either party default on any material condition of this Agreement,the non-defaulting party shall have the option to cancel this Agreement
<br /> by providing thirty(30)days prior written notice of intent to cancel to the defaulting party and if the defaulting party does not cure such default within such
<br /> notice period, except that Seiler may elect to terminate this Agreement Immediately if Customer fails to make payment or maintain insurance coverage as
<br /> required hereunder or for any safety violation not remedied,
<br /> 12. NO WAIVER;SEVERABILITY: No delay on the part of either party in exercising any of its rights hereunder shall prevent the exercise of such rights at a
<br /> later date,and any waiver of any breach of this Agreement by either party shall not be deemed a waiver of any other or subsequent breath thereof. Should any
<br /> section or dause of this Agreement be held invalid by a court of competent jurisdiction,It is agreed that the balance of this Agreement shall continue ii full legal
<br /> force and effect.
<br /> 13,SUCCESSORS;ASSIGNMENT;NOTICES: This Agreement shall Inure to the benefit of and be binding upon the parties and their respective successors,
<br /> legal representatives and assigns,except that Customer shall not assign this Agreement without the written consent of Seller, It Is agreed that Seller may assign
<br /> this Agreement to Its affiliates at any time. All communications and notices provided for or permitted hereunder shall be effectively given If in writing and mailed
<br /> postage prepaid(certified mail for termination notices)to the respective address set forth above. Customer authorizes Seller to leave a notice at the Delivery
<br /> Address of any condition preventing Propane delivery or resulting In service discontinuance or otherwise requiring Customer's attention.
<br /> 14.APPLICABLE LAW;ENTIRE AGREEMENT. This Agreement shall be construed In accordance with the laws of the State of New York,without regard to Its
<br /> conflict-of-laws rules. This Agreement,including the Dispute Resolution Procedures Addendum attached hereto and made a part hereof,contains the
<br /> entire agreement between the parties and supersedes all prior negotiations,proposals and oral or written agreements with respect to the subject matter hereof,
<br /> This Agreement may only be waived or amended by a writing executed by both parties. Any Addendum to this Agreement is governed by the terms and
<br /> conditions set forth herein unless otherwise expressly stated In such Addendum,
<br /> 15.CUSTOMER'S CREDIT CHECK'AUTHORIZATION AND REPRESENTATION: Customer has authorized or hereby authorizes Suburban to conduct a
<br /> credit check to evaluate Customer's credit prior to Suburban's acceptance of this Agreement. By signing below,Customer acknowledges that Customer
<br /> has become familiar with the odor of Propane and has received Suburban's Safety'Tips and Material Safety Data Sheet attached hereto,
<br /> Suburban Propane,L.P.and the undersigned Customer hereby execute this Agreement as of the above Agreement Date and agree that facsimile signatures
<br /> are as effective as originals,
<br /> SUBURBAN By: CUSTOMER:
<br /> Signature of Suburban Manager(see instructions) Signature of Customer
<br /> Mike Hess,CSC Manager
<br /> Print Name and Title Print Customer's Name
<br /> DISTRIBUTION: CUSTOMER - COPY OFFICE - COPY Item No,1539596 AGR-1077-0511
<br /> 81.
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