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<br />FORM 242 (Rev. 3-73 PROVISIONS OF CONTRACT
<br />FaTIRETY OF COIITRACT:
<br />This contract supersedes and cancels all agreements between the parties in re-
<br />spect of the purchase by Buyer and sale by Seller of products covered hereby for de-
<br />livery at the point(s) of delivery herein stated and without prejudice to accrued
<br />rights of either party under said superseded agreements.
<br />DELIVERIES DELAYED OR PREVE1TED:
<br />All orders shall be filled with reasonable promptness, but the Seller shall not
<br />be liable in damages or otherwise when deliveries are delayed or prevented by reason
<br />of fire, storm, flood, war, rebellion, insurrection, riot, orders or requests of
<br />governmental authorities or the armed forces thereof, strike, differences with work-
<br />men, failure of carriers to transport or furnish customary facilities for transpor-
<br />tation or for delay or failure in delivery when the supplies of the Seller, or, the
<br />facilities of production, manufacture, transportation or distribution, which other-
<br />wise would be available to the Seller are impaired by the order, requisition, re-
<br />quest, or necessity of any government or acting authority, or when such delay or
<br />failure is due to any cause whatsoever beyond the reasonable control of the Seller,
<br />whether similar to or dissimilar from the causes here enumerated. In addition to all
<br />of the foregoing, if at any time Seller's supplies of the products(s) become insuf-
<br />ficient to meet the full requirements of all of its customers contract or otherwise
<br />(of which condition Seller shall be the sole judge), Seller may reduce deliveries
<br />under this contract on a fair and equitable basis, to be determined by it, and shall
<br />not be required to make up deliveries so reduced. In the event Seller is required
<br />to so reduce deliveries under this contract, Buyer may at its option terminate this
<br />° agreement by giving ten darts written notice to the Seller of its desire to do so.
<br />TAXES:
<br />Buyer shall pay Seller amounts equivalent to any applicable tax fee and/or
<br />applicable duty (not included in'the price or otherwise paid by Buyer) now or here-
<br />inafter imposed, directly or indirectly, by any domestic or foreign governmental
<br />authority or agency, and any increases in such applicable tax, fee or duty, on, in
<br />respect of, or measured by (a) this contract, (b) the goods covered by this contract
<br />or any material contained in such goods and/or, (c) the manufacture, sale, use, re-
<br />ceipt, storage, withdrawal from storage and/or other handling of goods or material;
<br />and the Seller, upon payment of or liability for such applicable tax, fee or duty,
<br />shall bill Buyer for, and the Buyer shall pay the amount thereof.
<br />CHANGE IN BRAND =E(S):
<br />The Seller may at any time change the brand name(s) of any product and this con-
<br />tract shall cover any product substituted by the Seller for that discontinued, or any
<br />new brand name(s) substituted for the product herein mentioned.
<br />NOTICE:
<br />Any notice to be given hereunder shall be in writing and shall be deemed to have
<br />been duly given if and when deposited in the United States mail, properly stamped and
<br />addressed to the party for whom intended at the address of such party herein speci-
<br />fied, or when delivered personally to such party at such address.
<br />DEf40ME CLAIMS:
<br />It is agreed that if the Buyer shall hold tank cars beyond the railroad free
<br />time allowance therefor, Buyer shall assume all proper charges for such demurrage
<br />accruing and in addition thereto reimburse Seller for such tank car rental as it is
<br />obligated to pay owner of such cars, for the period in excess of railroad free time
<br />allowed, during which the cars may be so detained. It is also agreed that should
<br />Buyer hold Seller's common or contract carrier transport tank truck(s) beyond the
<br />carrier free time allowance, Buyer shall assume all proper charges for such detention
<br />accruing.
<br />WAIVERS:
<br />The Seller's right to require strict performance by Buyer of any and/or all ob-
<br />ligations imposed upon Buyer by this contract shall not in any way be affected by
<br />any previous waiver, forbearance, or course of dealing.
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<br />OCT 1 1973 eook 18 pacd.14
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