Common use of Storage and Handling Charges Clause in Contracts

Storage and Handling Charges. (a) Depositor shall pay the storage charges and service fees at the rates set forth in the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar month. (b) Handling charges cover the ordinary labor involved in receiving Goods at the warehouse door, placing Goods in storage, and returning Goods to the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates set forth in the written price quote in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performed. (c) All charges are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor shall be responsible for all such charges, costs, and taxes; provided, that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal property. (d) Depositor is subject to and shall pay the minimum storage and handling charge of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on behalf of Depositor, then Depositor shall promptly reimburse Warehouse Operator for such charges, and in any case within five [5] business days after receiving an invoice for such charges from Warehouse Operator.

Storage and Handling Charges. (a) Depositor CUSTOMER shall pay LESSOR the storage charges and service fees at the rates Storage Rate as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER shall also pay LESSOR Monthly the written price quotation other rates, fees and charges set forth in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-Exhibit "A", including, but not limited to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custodyThroughput Charges and Redelivery Fees, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthif any. (b) Handling charges cover the ordinary labor involved in receiving Goods If at the warehouse door, placing Goods in storage, and returning Goods to end of any Month (i) the warehouse door volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for pickup. Handling charges are due and payable on receipt that Month as designated by CUSTOMER as provided herein (the initial allocation of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates is set forth in Exhibit "A", and/or (ii) the written price quote total volume of all Products stored by CUSTOMER exceeds the Lease Volume, CUSTOMER shall pay to LESSOR the Excess Storage Fee as set forth in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performedExhibit "A". (c) All charges are exclusive If at the expiration or termination of this Agreement CUSTOMER continues to have Products in storage (which the parties expressly do not contemplate and LESSOR in no way condones) which was delivered into storage under the terms of this agreement, then CUSTOMER shall pay to LESSOR an Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance of all salesProducts held in storage at any time during such Month. LESSOR'S acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, useprovided, however, CUSTOMER shall continue to be bound by all terms and excise taxes, conditions of this Agreement as long as any of CUSTOMER'S Products remains in storage or (ii) in no way effect LESSOR'S rights to sell CUSTOMER'S Products as provided for in Section 3 above and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor shall be responsible for all such charges, costs, and taxes; provided, rights that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertyCUSTOMER may have. (d) Depositor Nothing in this Section 11 shall be construed to create an obligation on LESSOR to accept more Products into storage in excess of the Lease Volume. At any time there is subject an unauthorized excess balance, LESSOR may by telephone notice to CUSTOMER require CUSTOMER to remove such excess balance within three Business Days and shall pay if any excess balance remains at the minimum storage and handling charge end of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on behalf of Depositorsuch period, then Depositor CUSTOMER shall promptly reimburse Warehouse Operator LESSOR for such charges, and in any case within five [5] business days after receiving an invoice for such charges from Warehouse Operatorcosts or liabilities incurred by LESSOR as a result thereof.

Storage and Handling Charges. (a) Depositor The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay the storage charges and service fees at annual payment for the rates Annual Storage Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthSection 12. (b) Handling Suburban shall also pay Plains Monthly the other rates, fees and charges cover the ordinary labor involved in receiving Goods at the warehouse door, placing Goods in storage, and returning Goods to the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates set forth in the written price quote in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performedExhibit “A”. (c) All charges are exclusive If at the end of any Month the total volume of all salespropane stored by Suburban exceeds the Lease Volume, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor Suburban shall be responsible for all such charges, costs, and taxes; provided, that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertypay to Plains the Excess Storage Fee as set forth in Exhibit “A”. (d) Depositor is subject If at the expiration or termination of this Agreement Suburban continues to have propane in storage (which the parties expressly do not contemplate and Plains in no way condones) which was delivered into storage under the terms of this Agreement, then Suburban shall pay to Plains the minimum Excess Storage Fee as set forth in Exhibit “A” each Month thereafter based on the highest balance of all propane held in storage at any time during such Month. Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, Suburban shall continue to be bound by all terms and handling charge conditions of $50 per invoicethis Agreement as long as any of Suburban’s propane remains in storage or (ii) in no way effect Plains’ rights to sell Suburban’s propane as provided for in Section 3 above. (e) If Warehouse Operator pays Nothing in this Section 11 shall be construed to create an obligation on Plains to accept propane into storage in excess of the Lease Volume. At any lawful transportation charges on behalf time there is an unauthorized excess balance, Plains may, by telephone notice to Suburban, require Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of Depositorsuch period, then Depositor Suburban shall promptly reimburse Warehouse Operator Plains for such chargesany costs or liabilities (including reasonable legal expenses) incurred by Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in any case within five [5] business days after receiving an invoice gallons corrected for such charges from Warehouse Operatortemperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane

Storage and Handling Charges. (a) Depositor DLMT shall pay Dynegy Monthly for the availability of the storage charges and service fees at space the rates "Lease Rate" as set forth in Exhibit A, without regard as to whether any Product(s) has actually been or will be delivered by DLMT to Dynegy for storage hereunder. DLMT shall also pay to Dynegy each Month the written price quotation other rates, fees and charges set forth in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar month.Exhibit A. (b) Handling charges cover the ordinary labor involved in receiving Goods If at the warehouse door, placing Goods in storage, and returning Goods to end of any Month (i) the warehouse door volume of a particular Product stored by DLMT exceeds the storage volume of such Product allocated for pickup. Handling charges are due and payable on receipt that Month as designated by DLMT as provided herein (the initial allocation of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates is set forth in Exhibit A), and/or (ii) the written price quote total volume of all Products stored by DLMT exceeds the Lease Volume, DLMT shall pay to Dynegy the Excess Storage fee as set forth in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performed.Exhibit A. (c) All charges are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor Nothing in this Section 8 shall be responsible for all construed to create an obligation on Dynegy to accept more Product(s) into storage in excess of the Lease Volume. At any time there is an excess balance, Dynegy may by written notice to DLMT require DLMT to remove such chargesexcess balance within seventy-two (72) hours of DLMT's receipt of such written notice and if any excess balance remains at the end of such period, costs, and taxes; provided, that Depositor then DLMT shall not be responsible reimburse Dynegy for any taxes imposed oncosts or liabilities incurred by Dynegy as a result thereof. Notwithstanding the foregoing, or with respect to, Warehouse OperatorDLMT shall never exceed the Lease Volume without Dynegy's income, revenues, gross receipts, personnel, or real or personal propertyprior written consent. (d) Depositor is subject to and shall pay the minimum storage and handling charge of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on behalf of Depositor, then Depositor shall promptly reimburse Warehouse Operator for such charges, and in any case within five [5] business days after receiving an invoice for such charges from Warehouse Operator.

Storage and Handling Charges. (a) Depositor CBF shall pay Xxxxxx Monthly the storage charges and service fees at the rates set forth in the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthExhibit "A". (b) Handling charges cover the ordinary labor involved in receiving Goods If at the warehouse door, placing Goods in storage, and returning Goods to end of any Month(i) the warehouse door volume of a particular Product and/or Raw Make stored by CBF exceeds the storage volume of such Product and/or Raw Make allocated for pickup. Handling charges are due and payable on receipt that Month as designated by CBF as provided herein (the initial allocation of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates is set forth in Exhibit "A"), and/or (ii) the written price quote total volume of all Products and Raw Make stored by CBF exceeds the Lease Volume, CBF shall pay to Xxxxxx an Excess Storage Fee as set forth in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performedExhibit "A". (c) All charges are exclusive If at the expiration or termination of this Agreement CBF continues to have Product(s) and/or Raw Make in storage (which the Parties expressly do not contemplate and Xxxxxx in no way condones) which was delivered into storage under the terms of this Agreement, then CBF shall pay to Xxxxxx two times the Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance of all salesProducts and Raw Make held in storage at any time during such Month. Xxxxxx'x acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, usePROVIDED, HOWEVER, CBF shall continue to be bound by all terms and excise taxes, conditions of this Agreement as long as any of CBF's Product(s) and/or Raw Make remains in storage or (ii) in no way effect Xxxxxx'x rights to sell CBFs Product(s) and Raw Make as provided for in Section 3 above and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor shall be responsible for all such charges, costs, and taxes; provided, rights that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertyCBF may have. (d) Depositor Nothing in this Section 10 shall be construed to create an obligation on Xxxxxx to accept more Product(s) and Raw Make into storage in excess of (i) the Lease Volume and (ii) the allocation of each Product as set forth in Section 6 of Exhibit "A". At any time there is subject an excess balance, Xxxxxx may by telephone notice to CBF require CBF to remove such excess balance within two working days and shall pay if any excess balance remains at the minimum storage and handling charge end of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on behalf of Depositorsuch period, then Depositor CBF shall promptly reimburse Warehouse Operator Xxxxxx for such chargesany costs or liabilities incurred by Xxxxxx as a result thereof. Notwithstanding the foregoing, and CBF shall never exceed the Lease Volume or the allocation of each Product as set forth in any case within five [5] business days after receiving an invoice for such charges from Warehouse OperatorSection 6 of Exhibit "A" without Xxxxxx'x prior written consent.

Storage and Handling Charges. (a) Depositor The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay the storage charges and service fees at annual payment for the rates Annual Storage Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthSection 12. (b) Handling Suburban shall also pay Plains Monthly the other rates, fees and charges cover the ordinary labor involved in receiving Goods at the warehouse door, placing Goods in storage, and returning Goods to the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates set forth in the written price quote in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performedExhibit “A”. (c) All charges are exclusive If at the end of any Month the total volume of all salespropane stored by Suburban exceeds the Lease Volume, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor Suburban shall be responsible for all such charges, costs, and taxes; provided, that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertypay to Plains the Excess Storage Fee as set forth in Exhibit “A”. (d) Depositor is subject If at the expiration or termination of this Agreement Suburban continues to have propane in storage (which the parties expressly do not contemplate and Plains in no way condones) which was delivered into storage under the terms of this Agreement, then Suburban shall pay to Plains the minimum Excess Storage Fee as set forth in Exhibit “A” each Month thereafter based on the highest balance of all propane held in storage at any time during such Month. Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, Suburban shall continue to be bound by all terms and handling charge conditions of $50 per invoicethis Agreement as long as any of Suburban’s propane remains in storage or (ii) in no way effect Plains’ rights to sell Suburban’s propane as provided for in Section 3 above. (e) If Warehouse Operator pays Nothing in this Section 11 shall be construed to create an obligation on Plains to accept propane into storage in excess of the Lease Volume. At any lawful transportation charges on behalf time there is an unauthorized excess balance, Plains may, by telephone notice to Suburban, require Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of Depositorsuch period, then Depositor Suburban shall promptly reimburse Warehouse Operator Plains for such chargesany costs or liabilities (including reasonable legal expenses) incurred by Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in any case within five [5] business days after receiving an invoice gallons corrected for such charges from Warehouse Operatortemperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane delivered. Plains shall utilize the “Terminal Management System” (“TMS”), otherwise known as TOPTECH, or similar system, to make account transaction information available to Suburban. Suburban may request information in a reasonable manner.

Storage and Handling Charges. (a) Depositor The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay the storage charges and service fees at annual payment for the rates Annual Storage Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthSection 12. (b) Handling Suburban shall also pay Plains Monthly the other rates, fees and charges cover the ordinary labor involved in receiving Goods at the warehouse door, placing Goods in storage, and returning Goods to the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates set forth in the written price quote in effect at the time such charges accrue or the services are performed, and will be separately billed as such services are performedExhibit “A”. (c) All charges are exclusive If at the end of any Month the total volume of all salespropane stored by Suburban exceeds the Lease Volume, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor Suburban shall be responsible for all such charges, costs, and taxes; provided, that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertypay to Plains the Excess Storage Fee as set forth in Exhibit “A”. (d) Depositor is subject If at the expiration or termination of this Agreement Suburban continues to have propane in storage (which the parties expressly do not contemplate and Plains in no way condones) which was delivered into storage under the terms of this Agreement, then Suburban shall pay to Plains the minimum Excess Storage Fee as set forth in Exhibit “A” each Month thereafter based on the highest balance of all propane held in storage at any time during such Month. Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, Suburban shall continue to be bound by all terms and handling charge conditions of $50 per invoicethis Agreement as long as any of Suburban’s propane remains in storage or (ii) in no way effect Plains’ rights to sell Suburban’s propane as provided for in Section 3 above. (e) If Warehouse Operator pays Nothing in this Section 11 shall be construed to create an obligation on Plains to accept propane into storage in excess of the Lease Volume. At any lawful transportation charges on behalf time there is an unauthorized excess balance, Plains may, by telephone notice to Suburban, require Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of Depositorsuch period, then Depositor Suburban shall promptly reimburse Warehouse Operator Plains for such chargesany costs or liabilities (including reasonable legal expenses) incurred by Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in any case within five [5] business days after receiving an invoice gallons corrected for such charges from Warehouse Operatortemperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane delivered. Plains shall utilize the “Terminal Management System” (“TMS”), otherwise known as TOPTECH, or similar system, to make account transaction information available to Suburban. Suburban may request information in a reasonable manner. (h) Each week, Plains shall furnish a transaction summary statement indicating Suburban’s balance for the preceding week. A copy of the bills of lading and Notifications of Receipt and Notifications of Delivery shall accompany this transaction summary. The bills of lading, Notices of Receipt and Notices of Delivery shall be used to determine Suburban’s storage balance.

Storage and Handling Charges. (a) Depositor Xxxxxxxx shall pay CBF Monthly the storage rates, fees and charges and service fees at the rates set forth in Exhibit "C", including, but not limited to, the written price quotation in effect at the time such charges accrue or the Services are performedReceipt Fee. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts careThroughput Charges and Redelivery Fees, custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to any contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (iii) a full month's storage charge will apply to all Goods in storage on the first day of a calendar monthas applicable. (b) Handling charges cover the ordinary labor involved in receiving Goods If at the warehouse doorend of any Month the total volume of all Specification Products stored by Xxxxxxxx, placing Goods in storageexcluding undelivered volumes of Specification Product(s) for which timely distribution instructions have been given, and returning Goods exceeds the Storage Volume, Xxxxxxxx shall pay to CBF the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the rates Excess Storage fee as set forth in Exhibit "C". Xxxxxxxx agrees to use all reasonable efforts to prevent volumes of Specification Products stored hereunder from exceeding the written price quote in effect Storage Volume at the any time such charges accrue or the services are performed, and will be separately billed as such services are performedduring each Month. (c) All charges are exclusive If at the expiration or termination of this Agreement Xxxxxxxx continues to have Specification Product(s) in storage (which the parties expressly do not contemplate and CBF in no way condones) which was delivered into storage under the terms of this Agreement and for which timely distribution instructions have not been given, then Xxxxxxxx shall pay to CBF the Excess Storage fee as set forth in Exhibit "C" each Month thereafter based on the highest balance of all salesSpecification Products held in storage at any time during such Month. CBF's acceptance of funds pursuant to this Section shall in no way be construed as a renewal of this Agreement, usePROVIDED, HOWEVER, Xxxxxxxx shall continue to be bound by all terms and excise taxes, and conditions of this Agreement as long as any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor shall be responsible for all such charges, costs, and taxes; provided, that Depositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal propertyXxxxxxxx' Specification Product(s) remains in storage. (d) Depositor is subject In addition to the provisions of (c) above, in the event Xxxxxxxx fails to remove its Specification Product(s) at the expiration of the term of this Agreement, CBF shall have the right to sell all or any portion of such Specification Product(s) at Mont Belvieu OPIS prices and on terms as CBF, in its sole discretion, deems appropriate under the then existing circumstances. If CBF sells all or a portion of Xxxxxxxx' Specification Product(s) under the terms of this Section 5(d), within thirty (30) Days of its receipt of the proceeds derived from the sale of such Specification Product(s), CBF shall pay remit same to Xxxxxxxx less (i) all of CBF's reasonable costs and expenses associated with any such sale(s), (ii) a sales commission equal to five percent (5%) of the minimum storage and handling charge gross proceeds of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on behalf of Depositor, then Depositor shall promptly reimburse Warehouse Operator for such chargessale(s), and in (iii) any case within five [5] business days after receiving an invoice for such charges from Warehouse Operatorfees then due and owed by Xxxxxxxx to CBF.