[Amoco logo] Jobber Number
Petroleum Products 80001339
Marketing ----------------------------------------
BRANDED JOBBER CONTRACT
Form 26-930-GD (3-98) E
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(State "Trial Franchise," if applicable)
This branded jobber contract("Contract"),dated 12/15/78 is by and between Amoco
Oil Company ("Amoco"), a Maryland corporation with a principal office located
at 0000 X. 00XX XXXXXX, XXXXX 000, XXXXXXXXXX, XX 00000
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(State complete Amoco address including street address, city and zip code)
and XXXXXXX OIL CO INC ("Jobber")
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(State exact legal name of Jobber)
a CORPORATION with its principal offices located at
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(Slate type of legal entity: sole proprietorship, partnership or corporation)
000 XX 00XX XXXXXX, XXXXX, XX 00000-1842
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(State complete address of Jobber's principal office including street address,
city and zip code. A post office box is NOT sufficient.)
Now, Therefore, Amoco and Xxxxxx, intending to be legally bound, agree to the
following:
1. TERM. The term covered by this Contract shall be for a period beginning on
JANUARY 1 1999 and ending on DECEMBER 31 2001, unless terminated earlier by
law or by the terms of this contract or unless extended by Amoco upon written
notice, subject to Jobber's rights under Schedule A.
2. PRODUCTS AND QUANTITIES (SCHEDULE A). Amoco agrees to sell and Xxxxxx agrees
to purchase and receive Amoco's currently offered and available branded
petroleum products ("Products"), as determined and designated by Amoco in its
sole discretion and as more fully and specifically set forth in Schedule A, a
copy of which is attached to and incorporated in this Contract. Xxxxxx agrees to
purchase these Products in the quantities set forth in Schedule A, as amended
from time to time.
3. PURCHASE AND SALE OF PRODUCTS.
(a) PRICES. The price per gallon which Jobber shall pay for each Product
sold under this Contract shall be Amoco's Jobber Buying Price, as
recorded at the applicable Amoco regional office, business unit
office or such other office as Amoco may designate from time to
time, in effect on the date of sale from the respective Amoco
terminal(s) assigned to Jobber ("Jobber's Assigned Terminal's)").
Jobber's Assigned Terminal(s) shall be determined and designated by
Amoco in its sole discretion and set forth in Schedule A, as amended
from time to time.
(b) TITLE AND RISK OF LOSS. Title and risk of loss to all Products sold
to Jobber under this Contract shall pass to Jobber f.o.b. Jobber's
Assigned Terminal(s).
4. PAYMENT TERMS.
(a) CREDIT. Nothing in this Contract shall be construed as obligating
Amoco to extend credit to Jobber. In the event Amoco does extend
credit to Jobber, such extension of credit shall be subject to the
following requirements, including but not limited to: paying for all
Product purchases by electronic funds transfer ("EFT"); submitting
an annual financial statement; and executing an unlimited personal
guaranty. Jobber shall also provide Amoco with a letter of credit or
other form of security, upon Amoco's request. Amoco reserves the
right to change its credit terms at any time either for the class of
trade generally or for Jobber individually. In no instance shall the
terms of any sale discounts apply to taxes, inspection fees and the
like. One or more incidents of failure by Xxxxxx to make payment
according to established credit terms, including checks or EFTs
which are dishonored for nonsufficient or uncollected funds, or
failure to supply financial information or documentation as
required, shall entitle Amoco to suspend deliveries, impose C.O.D.
terms, and/or terminate this Contract, in addition to exercising any
other rights Amoco may have under this Contract or at law.
(b) FINANCE AND SERVICE CHARGES. Amoco shall, at its election, assess
finance charges on all amounts not paid by Xxxxxx on the net due
date. Finance charges shall be assessed at the monthly periodic rate
established by Amoco for Xxxxxx's class of trade and the respective
Product. Amoco shall impose a service charge for each check and/or
EFT which is dishonored for nonsufficient or uncollected funds,
whether or not subsequently paid by Xxxxxx.
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5. AMOCO'S TRADEMARKS.
(a) USE OF MARKS GENERALLY. Jobber shall be permitted to use, and shall be
permitted to allow the reseller/dealer-customers it supplies with
Products purchased under this Contract ("Jobber-Dealers") to use, on a
limited and non-exclusive basis, Amoco's trademarks, service marks,
companion marks, trade names, brand names, trade dress symbols, logos,
color schemes, design schemes, insignia, image standards and the like
("Marks") in connection with the advertising, distribution and/or
resale of the Products authorized by, supplied by and/or purchased from
Amoco under this Contract.
(b) USE OF MARKS GOVERNED BY THIS CONTRACT AND RELATED AGREEMENTS. The
permission to use Amoco's Marks shall be governed by the terms and
conditions of this Contract and all related contracts, including all
schedules, appendices and amendments attached to and incorporated in
those agreements. In addition, Amoco's Marks shall only be used in
accordance with the guidelines, policies, procedures, requirements,
specifications and standards issued by Amoco, as amended from time to
time, including but not limited to Amoco's Policy for Proper Handling
of Amoco-branded Motor Fuels by Amoco Jobbers.
(c) USE OF MARKS ON SIGNAGE. Jobber shall be permitted to acquire and
display approved signage bearing Amoco's Marks, in connection with the
advertising, distribution and/or resale of Products under this
Contract, on a retail site specific basis. Under no circumstances will
Jobber be allowed to relocate signage bearing Amoco's Marks to another
retail site without Amoco's consent. Jobber shall provide Amoco with a
list of all signage bearing Amoco's Marks in Jobber's possession and/or
control and the location of said signage, upon Amoco's request. In
addition to the terms and conditions of this Contract, the use of
Amoco's Marks on all signage and the use of that signage generally
shall be governed by a Trademark Agreement (Jobber) (form 26-950-TA), a
copy of which is attached to and incorporated in this Contract.
(d) USE OF MARKS IN CONJUNCTION WITH THE SALE OF REPRESENTATIVE AMOUNTS OF
CERTAIN PRODUCTS. At all times and at each retail site, including
Jobber-Dealer sites, Jobber shall offer for sale, or cause to be
offered for sale, representative amounts of each grade of Amoco-branded
gasoline, currently offered to Jobber, necessary to satisfy public
demand ("Representative Amounts"). If Jobber ceases to offer or make
available one or more of these gasolines in the required Representative
Amounts at a retail site supplied by Jobber, Jobber shall cease using
or displaying, or cause its Jobber-Dealer to cease using or displaying,
Amoco's Marks at that site.
(e) USE OF MARKS IN CONJUNCTION WITH AMOCO'S IMAGE PROGRAMS AND STANDARDS.
At each retail site, including Jobber-Dealer sites, Jobber shall comply
with, and ensure that all of its Jobber-Dealers comply with, Amoco's
image programs and standards, as amended from time to time. If a retail
site fails to conform to Amoco's image standards, Amoco may revoke its
approval to identify the retail site as provided in paragraph 6(b)
below in which case Jobber shall cease using or displaying, or cause
its Jobber-Dealer to cease using or displaying, Amoco's Marks at that
site.
(f) USE OF TORCH AND OVAL IN CONJUNCTION WITH JOBBER'S NAME. Jobber shall
be permitted to display the Amoco (or, if applicable, Standard) torch
and oval trademark ("T&O") in conjunction with Jobber's name on
equipment and materials directly related to the advertising,
distribution and/or resale of Products under this Contract. The words
"Products Jobber" or "Products Distributor" must, however, appear
adjacent to the T&O so as to read: [T&O] Products Jobber or [T&O]
Products Distributor. Amoco shall have the right to approve such use of
the T&O in advance or to revoke its approval at any time and for any
reason.
(g) MISUSE OF MARKS WITH XXXXXX'S NAME. Jobber shall not use any of Amoco's
Marks as part of Jobber's corporate name or as part of Xxxxxx's own
trademarks. If Jobber has incorporated using any of Amoco's Marks, it
shall be required to amend its articles of incorporation so as to
delete Amoco's Marks from its corporate name.
(h) MISUSE OF MARKS IN CONNECTION WITH CERTAIN SALES. Jobber shall not use
any of Amoco's Marks in connection with the advertising, distribution
and/or resale of: (1) any dilution or adulteration of a Product
authorized by, supplied by and/or purchased from Amoco; (2) any mixture
or blend of Products authorized by, supplied by and/or purchased from
Amoco, without Amoco's prior written consent (which consent may be
revoked at any time and for any reason); (3) any Product authorized by,
supplied by and/or purchased from Amoco but sold under an incorrect or
inappropriate Amoco Mark or sold through unapproved or disapproved
packages, containers or equipment; or (4) any product not authorized
by, supplied by and/or purchased from Amoco.
(i) AMOCO'S RIGHT TO AUDIT. As part of Amoco's compliance program(s),
Xxxxxx agrees and acknowledges that Amoco shall have the right, at all
times, to audit records in the possession or control of Jobber or its
Jobber-Dealers and the right, at all times, to inspect and sample all
Products in the possession or control of Jobber and/or its
Jobber-Dealers. Jobber shall cooperate fully and completely throughout
the audit and inspection processes, and ensure that its Jobber-Dealers
cooperate fully and completely also.
(j) DISCONTINUED USE OF MARKS UPON EXPIRATION OR TERMINATION OF THIS
CONTRACT. Upon the expiration or termination of this Contract, for any
reason, Jobber shall immediately cease using or displaying, and cause
its Jobber-Dealers to cease using or displaying, Amoco's Marks and
shall dispose of all signage in accordance with the Trademark
Agreement. All remaining evidence of Amoco's Marks shall be immediately
obliterated by Xxxxxx. If Jobber does not immediately cease using or
displaying, and cause its Jobber-Dealers to cease using or displaying,
Amoco's Marks, Amoco shall have the irrevocable right to use any means
necessary to remove, cover or obliterate the Marks, including entering
upon the relevant premises or filing a legal action, with Xxxxxx's full
and complete cooperation and at Jobber's expense.
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6. SITE APPROVAL.
(a) USE OF AMOCO'S MARKS AT EACH RETAIL SITE. It is and shall be a
condition of the right to use Amoco's Marks that Xxxxxx must first
obtain Amoco's prior written consent for each and every retail site
which Jobber intends to identify, or causes to identify, with Amoco's
Marks, including Jobber-Dealer sites. This approval shall be within
Amoco's sole discretion and shall be based, among other things, upon
the appearance, location and mode of operation of the site. Amoco also
expressly reserves the right to determine the appropriate geographic
density of all sites identified and/or to be identified with Amoco's
Marks. Amoco's right of approval shall apply to all requests to
identify regardless of the site's intended location within or outside
Jobber's Schedule B area of primary marketing responsibility ("Schedule
B area"). In order to obtain Amoco's approval to identify a retail site
outside Jobber's Schedule B area, it shall be a further requirement
that Jobber has used and/or is using its best efforts to develop
Jobber's Schedule B area as provided in paragraph 8(a) below.
(b) SITE APPROVAL REVOKED. Amoco shall have the right, in its sole
discretion, to revoke its approval to identify any retail site if the
site fails to conform to the terms or conditions of this Contract or
Amoco's policies or to any relevant law or regulation. If Amoco revokes
its approval, Jobber shall immediately cease using or displaying, or
cause to cease using or displaying, Amoco's Marks at that location.
(c) JOBBER'S RIGHT TO SUPPLY DISAPPROVED OR REVOKED SITES. Nothing in this
Contract shall prevent Jobber from supplying a disapproved retail site
or a retail site at which Amoco's approval has been revoked provided
that Jobber does not permit Amoco's Marks to be displayed at that
location.
(d) AMOCO'S RIGHT TO HAVE SIGNAGE REMOVED. Amoco shall have the right to
cause any and all signage bearing Amoco's Marks to be removed, or to
cause Amoco's Marks on said signage to be removed, covered or
obliterated, from any disapproved retail site or from any retail site
at which Amoco's approval has been revoked. If Jobber does not
immediately cease using or displaying, or cause its Jobber-Dealer to
cease using or displaying, Amoco's Marks after Amoco's request to do
so, Amoco shall have the irrevocable right to use any means necessary
to remove, cover or obliterate the Marks, including entering upon the
relevant premises or filing a legal action, with Xxxxxx's complete
cooperation and at Xxxxxx's expense.
(e) JOBBER TO PROVIDE LIST OF ALL APPROVED SITES. Jobber shall provide
Amoco with a list, upon Amoco's request, which shall indicate all
retail sites supplied by and/or operated by Jobber which are identified
with Amoco's Marks.
7. AMOCO'S DIRECTLY-SUPPLIED RESELLER/DEALER RETAIL SITES. Jobber shall not
sell Products covered by this Contract to any retail site which is directly-
supplied by Amoco or which is designated by Amoco as a directly-supplied site.
8. AREA OF PRIMARY MARKETING RESPONSIBILITY (SCHEDULE B).
(a) JOBBER TO USE BEST EFFORTS TO MARKET IN THE SCHEDULE B AREA. Jobber
shall use its best efforts to market the Products covered by this
Contract and develop its Schedule B area, as determined and designated
by Amoco in its sole discretion and as more fully and specifically set
forth in Schedule B, a copy of which is attached to and incorporated in
this Contract.
(b) SCHEDULE B AREA NOT EXCLUSIVE. Subject to Amoco's site approval and
direct supply rights as provided above in paragraphs 6 and 7
respectively, nothing shall prevent Jobber from selling or soliciting
the sale of the Products covered by this Contract outside its Schedule
B area or confer upon Jobber exclusive marketing and/or trademark
rights within such area. Amoco shall, at all times and for any reason,
maintain its sole and unlimited right to make other provisions for the
marketing of its Products under any of its Marks within Jobber's
Schedule B area including, but not limited to, establishing its own
directly-operated retail sites, establishing its own directly-supplied
reseller/dealer retail sites, and/or approving retail sites to be
operated or supplied by other jobbers.
9. ADDITIONAL JOBBER RESPONSIBILITIES.
(a) BULK PLANTS. Jobber shall operate, where necessary, one or more bulk
storage plants so as to efficiently perform its supply and distribution
functions under this Contract.
(b) TRANSPORT AND TANK TRUCKS. Jobber shall operate or cause to operate,
where necessary, a sufficient number of transport and/or tank trucks so
as to efficiently perform its delivery functions under this Contract.
(c) DELIVERIES FOR AMOCO. From time to time, Amoco may request that Xxxxxx
make deliveries, from Xxxxxx's inventories of Products purchased under
this Contract, to other Amoco customers. If Jobber elects to make any
such deliveries, Amoco shall pay Jobber a mutually agreed upon handling
fee. Jobber shall invoice Amoco for the quantities of product
delivered, at Amoco's price for the respective Product applicable to
Jobber and in effect on the date Jobber makes delivery, plus the
handling fee.
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10. JOBBER AS INDEPENDENT BUSINESS/SALE OF COMPETITIVE PRODUCTS.
(a) INDEPENDENT BUSINESS. Amoco and Jobber are and shall remain separate
and independent businesses. None of the provisions of this Contract are
intended to provide Amoco with any management direction or control over
the Jobber's business or business operations. Likewise, Jobber shall
not place or allow the placement of any signage upon or near any
premises owned, operated or supplied by Jobber which might indicate
that Amoco is the owner or operator of the business conducted by
Xxxxxx.
(b) SALE OF COMPETITIVE PRODUCTS. Nothing in this Contract shall prevent
Jobber from purchasing and reselling the Products of Amoco's
competitors. In the event that Jobber does purchase and resell
competitive-brand Products, it shall comply with the applicable terms
and conditions of this Contract and all applicable guidelines,
policies, procedures, requirements, specifications and standards issued
by Amoco, as amended from time to time, including Amoco's Policy and
Dealer and Jobber Guidelines for Proper Handling of Non-Amoco Motor
Fuels.
11. JOBBER-DEALERS.
(a) ACTS AND OMISSIONS OF JOBBER-DEALERS IMPUTED TO JOBBER. Jobber shall
inform those Jobber-Dealers permitted to use Amoco's Marks of the
specific terms and conditions of this Contract and all related
contracts, including all schedules, appendices and amendments attached
to and incorporated in those agreements which pertain to the use of
Amoco's Marks and related matters. In addition, Jobber shall inform
those Jobber-Dealers of the specific guidelines, policies, procedures,
requirements, specifications and standards periodically issued by
Amoco, as amended from time to time, which pertain to the use of
Amoco's Marks and related matters. Notwithstanding the Jobber's best
efforts to ensure its Jobber-Dealers' compliance, and regardless of any
contractual relationship between Jobber and its Jobber-Dealer, any act
or omission by a Jobber-Dealer that, if committed or omitted by Xxxxxx
would place Jobber in violation of this Contract or related contracts,
shall be imputed to Jobber and may cause Amoco, at its sole discretion,
to take appropriate action against Jobber up to and including the
termination of this Contract.
(b) ACTIONS AGAINST JOBBER-DEALERS. Nothing in this Contract shall prevent
or preclude Amoco from exercising any legal or equitable rights against
a Jobber-Dealer directly, separate and apart from any actions taken
against Jobber.
12. RIGHT OF FIRST REFUSAL AND RIGHT TO PURCHASE JOBBER'S AMOCO-BRANDED ASSETS.
(a) AMOCO'S RIGHT OF FIRST REFUSAL. Jobber shall not sell, lease or
otherwise transfer the assets in its possession or control, or portions
thereof, which are related to this Contract and which, at any time
during the franchise relationship, have been identified with or by
Amoco's Marks including but not limited to Jobber-owned retail sites;
bulk plant and terminal facilities; transport and tank trucks; and all
related real and personal property, contract rights, or good will
("Jobber's Amoco-Branded Assets") without first giving Amoco a right to
purchase or otherwise acquire the assets for consideration consisting
solely of cash, or cash and notes, upon the same terms and conditions
as set forth in a bona fide, arms' length agreement executed by and
between Jobber and a third-party purchaser ("Right of First Refusal").
(b) AMOCO'S RIGHT OF FIRST REFUSAL/INFORMATION JOBBER MUST PROVIDE.
Pursuant to paragraph 12(a) above, Xxxxxx agrees to promptly submit to
Amoco complete and fully executed copies of all contract documents
which comprise the proposed agreement and any additional information,
facts and data required by Amoco: (1) to evaluate the bona fide nature
of the agreement and, (2) should the proposed agreement include
Xxxxxx's request to assign the Contract, to evaluate the third-party
purchaser's qualifications to be an Amoco jobber. Amoco shall
thereafter have sixty (60) days within which to exercise its Right of
First Refusal, by written notice to Xxxxxx. Closing shall be held at a
time and place agreeable to Amoco and Jobber, but no later than
sixty (60) days after Amoco elects to exercise its Right of First
Refusal. Jobber shall convey all real property with good and
marketable title and all other property in contractual form(s)
acceptable to Amoco, subject only to such liens and encumbrances which
were acceptable to the third-party purchaser.
(c) EXCEPTION TO AMOCO'S RIGHT OF FIRST REFUSAL. Notwithstanding paragraph
12(a) above, Jobber shall be permitted to sell, lease or otherwise
transfer Jobber's Amoco-Branded Assets to: (1) a spouse, child,
stepchild, parent, brother or sister ("Immediate Family Member"), if
Jobber is a sole proprietorship; (2) an Immediate Family Member of a
partner's immediate family, if Jobber is a partnership; or (3) an
Immediate Family Member of a stockholder's immediate family, if Jobber
is a corporation, without providing Amoco with a Right of First
Refusal; provided, however, that each Immediate Family Member who
receives assets hereunder, is at least twenty-one (21) years of age
with at least one (1) year of active management experience in Jobber's
business and, provided further, that no agreement executed in
accordance with this paragraph 12(c) shall operate as a mere means or
device to transfer control or ownership of the assets to a
non-Immediate Family Member without providing Amoco with its Right of
First Refusal.
(d) AMOCO'S RIGHT TO PURCHASE IF JOBBER IS A CORPORATION OR PARTNERSHIP. If
Jobber is a corporation, any sale, conveyance, alienation, transfer or
other change of legal or beneficial interest in, or legal or beneficial
title to, more than fifty percent (50%) of its voting stock, or, if
Jobber is a partnership, any sale, conveyance, transfer or other change
of partnership interest resulting in a change in control of the
partnership, at any time during the franchise relationship, either
voluntarily or involuntarily, by operation of law, by merger or by or
through any other type of proceedings: (1) shall trigger Amoco's right
to purchase the entirety of Jobbers Amoco-Branded Assets for a cash
price equal to the fair market value of those assets ("Right to
Purchase"), as determined by the average of three independent
appraisals made pursuant to paragraph 12(e) below, and (2) shall be
considered a request to assign the Contract.
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(e) AMOCO'S RIGHT TO PURCHASE/AMOCO'S ELECTION TO APPRAISE/INFORMATION
CORPORATION OR PARTNERSHIP MUST PROVIDE. Pursuant to paragraph 12 (d)
above, Jobber shall promptly provide Amoco with written notice of a
change in stock ownership or partnership control, whichever the case
may be. Amoco shall thereafter have sixty (60) days within which to
exercise its Right to Purchase, by written notice to Jobber. Upon
Amoco's written request, made no later than ten (10) days after the
commencement of this sixty (60) day exercise period, three independent
Appraisal Institute MAI - designated ("MAI") appraisers (one chosen by
Amoco within ten (10) days of the commencement of the exercise period,
one chosen by Xxxxxx within twenty (20) days of said commencement and
one chosen by the other two MAI appraisers within thirty (30) days of
said commencement) shall appraise the entirety of Jobber's
Amoco-Branded Assets. Each appraiser shall provide Amoco with a
written appraisal within ten (10) days of being chosen and the average
of these appraisals shall be the price Amoco shall pay, should Amoco
elect to purchase. Jobber shall cooperate fully and completely with
Amoco and provide any information, facts and data required by Amoco
and/or the appraisers to evaluate and appraise Jobber's Amoco-Branded
Assets. Amoco and Xxxxxx shall each pay for their own appraiser and
shall each pay one-half (1/2) of the third appraiser's fee. Closing
shall be in accordance with paragraph 12(b) above.
(f) EXCEPTION TO AMOCO'S RIGHT TO PURCHASE. Notwithstanding paragraph 12(d)
above, Jobber shall be permitted to: (1) effect a sale, conveyance,
alienation, transfer or other change of legal or beneficial interest
in, or legal or beneficial title to, more than fifty percent (50%) of
its voting stock to an Immediate Family Member of a stockholder's
immediate family, if Jobber is a corporation, or (2) effect a sale,
conveyance, transfer or other change of partnership interest resulting
in a change in control of the partnership to an Immediate Family Member
of a partner's immediate family, if Jobber is a partnership, without
triggering Amoco's Right to Purchase; provided, however, that each
Immediate Family Member who receives stock or a partnership interest,
whichever the case may be, is at least twenty-one (21) years of age
with at least one (1) year of active management experience in Jobber's
business and, provided further, that no transaction executed in
accordance with this paragraph 12(f) shall operate as a mere means or
device to transfer control or ownership of the assets to a
non-Immediate Family Member without providing Amoco with its Right to
Purchase.
(g) AMOCO'S RIGHT TO VERIFY JOBBER'S CORPORATE OR PARTNERSHIP INTEREST.
From time to time, Amoco may request and Jobber shall provide a
confirmation of all shareholder interest (legal and beneficial) or
partnership interest, whichever the case may be, on a form acceptable
to and/or provided by Amoco. Such confirmation shall include the names
of all shareholders or partners, whichever the case may be.
(h) STATUS OF CONTRACT AFTER SALE OF JOBBER'S AMOCO-BRANDED ASSETS. In the
event of any sale of Jobber's Amoco-Branded Assets, this Contract shall
continue in full force and effect unless terminated by Amoco, upon
written notice, or unless assigned by Xxxxxx, upon Amoco's written
consent. Amoco's decision not to exercise its Right of First Refusal or
its Right to Purchase in accordance with this paragraph 12 shall not
prevent Amoco from withholding its consent to assign this Contract to
any third-party purchase. Likewise, any sale of Jobber's Amoco-Branded
Assets to an Immediate Family Member in accordance with paragraph 12(c)
above shall not prevent Amoco from withholding its consent to assign
this Contract to said Immediate Family Member.
(i) AMOCO MAY ASSIGN ITS RIGHT OF FIRST REFUSAL AND/OR ITS RIGHT TO
PURCHASE. Amoco shall have the right to assign its Right of First
Refusal and/or its Right to Purchase to a third-party purchaser of its
choosing.
13. ASSIGNMENT.
(a) JOBBER'S PRIOR WRITTEN REQUEST AND AMOCO'S WRITTEN CONSENT REQUIRED.
Xxxxxx acknowledges and understands that the current ownership and
control of Jobber is a material element in Amoco's willingness to enter
into this Contract. Xxxxxx, therefore, agrees that it shall not assign
or transfer its interest in this Contract, or any franchise
relationship attendant thereto, without a prior written request and
without Amoco's corresponding written consent; provided, however, that
Amoco shall not unreasonably withhold its consent, and further
provided, that in giving its consent to any assignment, whether
voluntarily or by operation of law, Amoco may, at its election,
condition the consent upon: (1) the agreement of the proposed assignee
or transferee to enter into a trial franchise;(2) the agreement of the
Jobber to simultaneously enter into a mutual cancellation of this
Contract and related contracts; and (3) the satisfaction of all
indebtedness owed by Xxxxxx to Amoco.
(b) AMOCO MAY WITHHOLD CONSENT. Refusal of the proposed assignee or
transferee to enter into a trial franchise and/or the Jobber to enter
into a mutual cancellation shall be adequate reason for Amoco to
withhold its consent to the assignment. In addition, nothing stated in
this paragraph 13 shall limit Amoco's right to withhold its consent to
any assignment proposed by Xxxxxx or limit Amoco's right to impose
other or additional conditions on its consent.
(c) EFFECT OF ASSIGNMENT WITHOUT AMOCO'S CONSENT. Xxxxxx agrees and
acknowledges that any attempted or purported assignment or transfer of
this Contract without Amoco's knowledge and/or Amoco's prior written
consent may result in the termination of this Contract and the
non-renewal of any franchise relationship.
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14. INDEMNITY. Jobber shall, to the fullest extent permitted by law, indemnify,
defend and hold Amoco, including but not limited to Amoco's parent, affiliates
and all officers, directors, shareholders, employees and agents of Amoco, its
parent and affiliates, harmless from and against any and all losses, suits,
claims, demands, causes of action, liabilities, fines, penalties, costs or
expenses (including reasonable attorney's fees and all other costs of defense)
of whatever kind or nature, directly or indirectly arising in whole or in part
out of; (a) any default or breach by Jobber of any obligation contained in this
Contract or any other agreement with Amoco; (b) the receipt, shipment, delivery,
storage, handling, use, sale, dispensing, labeling, invoicing, advertising or
promoting of the Products by Jobber; (c) the use of any Amoco property (real or
personal) by Jobber or its Jobber-Dealers; (d) any allegation of agency or other
alleged legal relationship by which Amoco is being held or might be held
responsible for the acts or omissions of Jobber or its Jobber-Dealers; (e) the
use of Amoco's Marks by Jobber or its Jobber-Dealers, including the use of said
Marks on signage and in the advertising or promoting of Products sold or
services rendered by Jobber or its Jobber-Dealers; (f) the violation of any
federal, state or local law, rule, regulation, court order or government
directive by Jobber, its Jobber-Dealers or its other customers; (g) all taxes
incurred and owed by Jobber or its Jobber-Dealers of whatever kind and nature;
(h) or any other act or omission of Jobber, its Jobber-Dealers, or its other
customers, or their agents, employees, contractors, invitees, licensees,
customers or business associates, regardless if caused by the joint, concurrent,
or contributory fault or negligence of Amoco, except that Xxxxxx shall assume no
liability for the sole acts, omissions, negligence or fault of Amoco.
15. INSURANCE.
(a) TYPES OF COVERAGE REQUIRED. Jobber shall obtain and maintain, at its
sole cost and expense, primary insurance coverage through an insurer
and in a form acceptable to Amoco as follows: (1)
Comprehensive/commercial general liability insurance of not less than
One Million Dollars ($1,000,000) combined single limit, including
coverage for contractual liability, bodily injury, property damage,
fire liability, premises and operations liability, products completed
operations hazard liability, independent contractor's liability, garage
keeper's liability, medical expense liability, liquor liability and
personal and advertising injury; (2) Worker's compensation and
employer's liability insurance, as required by law, but in no event
less than One Million Dollars ($1,000,000) combined single limit; (3)
Business automobile liability insurance, including coverage on all
vehicles owned, hired or used in the performance of this Contract, of
not less than One Million Dollars ($1,000,000) combined single limit.
(b) REQUIREMENTS FOR EACH TYPE OF COVERAGE. All insurance policies required
under this Contract shall: (1) name Amoco as an additional insured; (2)
include an endorsement containing an express waiver of any right of
subrogation or other recovery, by Jobber or any insurance company,
against Amoco; (3) include an endorsement stipulating that Jobber's
insurance policies are primary to, not contributory with and not excess
to any other policies or self-insurance; (4) provide that no policy
shall be materially changed, amended or cancelled except after thirty
(30) days' written notice to Amoco; and (5) provide that Jobber shall
be solely responsible for the payment of any premium or assessment,
with no recourse against Amoco.
(c) PROOF OF COVERAGE REQUIRED. Each time Jobber renews the insurance
coverage required under this Contract, but no less than annually, and
at any time requested by Amoco, Jobber shall provide such proof of
coverage as Amoco, in its sole discretion, determines is necessary for
verification purposes including, but not limited to certificates of
insurance or copies of the polices themselves. If Jobber fails to
provide acceptable proof of insurance, as determined by Amoco, then
Amoco may, at its option and in addition to all other remedies
available to it under this Contract or at law, after ten (10) days
notice to Jobber, obtain coverage to protect Amoco's interests only and
charge the cost of such coverage to Jobber.
(d) ENVIRONMENTAL COVERAGE. If required by any applicable law, Xxxxxx must
obtain environmental impairment coverage in the amount and of the type
required by such law.
(e) INDEMNITY NOT LIMITED BY INSURANCE. The existence or non-existence of
any insurance as required by this Contract shall not limit the Jobber's
indemnity or other obligations under this Contract.
16. TERMINATION AND NON-RENEWAL.
(a) AMOCO'S BREACH. Jobber may terminate this Contract if Amoco fails to
comply with any material provision of this Contract, upon ninety (90)
days prior written notice; provided, however, that Jobber shall provide
Amoco with a reasonable opportunity to exert good faith efforts to
carry out such provision.
(b) JOBBER'S BREACH/PMPA. Amoco may terminate this Contract and non-renew
any franchise relationship in accordance with Title I of the Petroleum
Marketing Practices Act ("PMPA"), 15 US.C. 2801 et seq., as amended,
and/or other applicable federal, state and/or local laws of the same
nature and effect. Amoco expressly reserves all of its respective
rights under the PMPA and Xxxxxx acknowledges and agrees that no
omission by Amoco of any specific reference to any specific PMPA right
shall constitute a waiver of that right. In addition, Xxxxxx agrees and
acknowledges that Amoco's rights and remedies under the PMPA shall be
without prejudice to all other rights and remedies available to Amoco
at law or in equity.
Page 6 - ELECTRONIC BRANDED JOBBER CONTRACT (26-930-GD)
For
Xxxxxxx Oil Co Inc
(c) PROCEDURES FOR TERMINATION AND NON-RENEWAL BY AMOCO. If Jobber fails to
comply with any of the terms and conditions of this Contract and/or
related contracts, including all schedules, appendices, and amendments
attached to and incorporated in those agreements, or if any other
ground for termination and/or non-renewal shall present itself, Amoco
shall, at its election, terminate this Contract and/or non-renew any
franchise relationship upon ninety (90) days written notice (or upon
less than ninety (90) days notice as may be reasonable under a
particular circumstance). In the case of a market withdrawal, as
defined in the PMPA, Amoco shall terminate this Contract and/or
non-renew any franchise relationship upon 180 days written notice.
(d) PHYSICAL OR MENTAL INCAPACITY AND DEATH. For purposes of emphasis and
elaboration, but without limitation, it is acknowledged and agreed by
and between Amoco and Jobber that the following shall constitute
grounds for termination of this Contract and non-renewal of any
franchise relationship, subject to the applicable provisions of any
relevant state law: death or continuous, severe physical or mental
disability (of at least three months duration) (1) of the owner of the
business, if Jobber is a sole proprietorship; or (2) of one of the
partners, if Jobber is a partnership; or (3) of the beneficial
owner(s) of more than fifty percent (50%) of Jobber's voting stock if
Jobber is a corporation unless the death or other incapacity of said
beneficial owner(s) results in the contemporaneous transfer of more
than fifty percent (50%) of said voting stock to an Immediate Family
Member at least twenty-one (21) years of age with at least one (1) year
of active management experience in the Jobber's business.
(e) FAILURE TO PURCHASE PRODUCT QUANTITIES. For purposes of emphasis and
elaboration but without limitation, it is acknowledged and agreed by
and between Amoco and Jobber that the following shall constitute
grounds for termination of this Contract and non-renewal of any
franchise relationship: failure of Jobber to purchase the applicable
stated quantity of any Product during any 12-month period, or portion
thereof, as set forth in Schedule A.
(f) AMOCO'S EQUITABLE REMEDIES. Xxxxxx agrees that money damages may not be
a sufficient remedy for its breach of this Contract and that,
therefore, in addition to all remedies available at law, Amoco shall be
entitled to specific performance, injunctive relief, declaratory
judgment and/or other equitable remedies, as appropriate. Xxxxxx agrees
to waive any requirement for the posting of any bond in connection with
Amoco's effort to seek an equitable remedy.
17. DELIVERIES.
(a) AMOCO'S RIGHT TO LIMIT MONTHLY DELIVERY QUANTITIES. Unless otherwise
specified in the schedules, appendices or amendments to this Contract,
deliveries of each Product hereunder shall be in relatively equal
monthly quantities, subject to weekly or daily prorating. Amoco shall
not be obligated to deliver to Jobber in any given month more than an
amount equal to one-twelfth (1/12) of the respective 12-month quantity
for each such Product as set forth on Schedule A. Should Jobber at any
time or for any month order in quantities less than such prorated
amount, Amoco shall not be obligated to deliver the deficiency at any
time Should Jobber at any time or for any month require more than said
prorated amount, Amoco shall have the right, at its option, to supply
such excess requirement, but if Amoco supplies same it shall not be
obligated to do so again in the future.
(b) AMOCO'S RIGHT TO SPECIFY MINIMUM DELIVERY QUANTITIES. Amoco shall have
the right to specify minimum delivery quantities and either refuse to
make deliveries in quantities less than such minimums or, at Amoco's
option, charge extra for making such deliveries.
(c) CHANGES IN AND AT JOBBER'S ASSIGNED TERMINAL(S). Amoco shall have the
right at any time to change Xxxxxx's Assigned Terminal(s) and/or to
limit the quantity of Product that Amoco shall make available to Jobber
at any of said terminals. Amoco shall have the right to determine and
designate the percentage of Xxxxxx,s Schedule A quantities that Amoco
will make available to Jobber at Jobber's Assigned Terminal(s).
18. DETERMINATION OF QUANTITIES. The quantities of Products sold hereunder
shall be determined on the basis of the temperature thereof at 60(degree)F in
accordance with "Table No. 6B of API Standard 2540, Manual of Petroleum
Measurement Standards, Chapter 11.1--Volume Correction Factors--Volume II" (or
any API/ASTM reissue or replacement thereof in effect at the time of
measurement), or at Amoco's option, on the basis of gross volume, as established
by Amoco for Jobber's class of trade in the applicable geographic area, or as
otherwise required by law.
19. DEMURRAGE. Jobber shall pay any and all demurrage accruing on any barges,
tank cars, transport and/or tank trucks or other means of transportation at the
prevailing rates therefor, at the time of the particular delay. Jobber shall
also pay to Amoco a tank car and/or truck transport rental at Amoco's then
prevailing rates for each chargeable demurrage day.
20. REJECTION OF PRODUCTS AND NOTICE OF BREACH.
(a) REJECTION MUST OCCUR WITHIN 48 HOURS OF RECEIPT. Jobber shall have 48
hours after receipt of the Products sold under the Contract to inspect
and either accept or reject said Products. If Jobber retains the
Products in its possession for a period in excess of 48 hours after
receipt without rejecting said Products, this shall be regarded as an
irrevocable acceptance by Xxxxxx.
Page 7 - ELECTRONIC BRANDED JOBBER CONTRACT (26-930-GD)
For
Xxxxxxx Oil Co. Inc.
(b) REQUIRED PROCEDURES IF PRODUCTS REJECTED. If Products are rejected,
notice must be given to Amoco so that it is received no later than five
(5) business days after delivery of the Products to Jobber, fully
specifying all claimed shortages, defects and/or nonconformities. The
failure to specify any shortage, defect and/or nonconformity shall
constitute a waiver of that shortage, defect or nonconformity.
(c) REQUIRED PROCEDURES IF BREACH DISCOVERED AFTER ACCEPTANCE. In the event
that the Products are accepted pursuant to the terms of this paragraph
20, Xxxxxx agrees to notify Amoco in writing of any subsequently
discovered breach of warranty which could not have reasonably been
discovered by careful inspection at the time of delivery. Such notice
shall be given within seven (7) days after discovery of the breach and
must specify the facts constituting the alleged breach. Failure to give
such notice shall be deemed conclusive evidence that Jobber has no
valid claim for breach of warranty.
21. EXPRESS WARRANTIES, DISCLAIMERS AND DAMAGE LIMITS.
(a) AMOCO WARRANTIES. Amoco warrants that the Products sold to Jobber under
this Contract shall meet Amoco's then current specifications for the
respective Product and that said Product shall be in merchantable
condition.
(b) NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE.
(c) RIGHT TO DAMAGES LIMITED. Under no circumstances shall Amoco be liable
for incidental, special, punitive or consequential damages whether
under warranty, tort, contract, strict liability or otherwise.
22. FORCE MAJEURE AND ALLOCATION.
(a) FORCE MAJEURE. Amoco shall be excused from delay or nonperformance in
the event of a refinery turnaround, whether partial or complete, or if
it is otherwise unable to meet the demand for its Products at Amoco's
normal and usual distribution points for supplying Jobber (regardless
of whether or not Amoco may have diverted certain supplies from such
distribution points in order to alleviate shortages at other
distribution points), or in the event of failure or delay in delivery
due to exhaustion, reduction or unavailability of Product, or stock or
component necessary in the manufacture or production of such Product.
Either party shall be excused from delay or nonperformance in the event
of any condition whatsoever beyond said party's reasonable control,
including without limitation: unavailability, failure, or delay of
transportation; Acts of God, labor difficulties; explosions; storms;
breakdown of machinery or equipment; fire; riots; war conditions in
this or any other country; and compliance with any law or governmental
order, regulation, recommendation, request or allocation program
(whether voluntary or involuntary) affecting directly or indirectly
said party's ability to perform hereunder.
(b) ALLOCATION. In the event of any of the contingencies or conditions
referred to in paragraph 22(a) above, Amoco shall have the right to
curtail deliveries or allocate its supply of Product for sale among its
customers in any manner which in its sole discretion is fair and
reasonable in the circumstances, and shall not be obligated to obtain
or purchase other supplies of Product or to in any way make up any
Product not delivered. Jobber shall not hold Amoco responsible in any
manner for any losses or damages which Jobber may claim as a result of
any such curtailment or allocation by Amoco.
23. DISCONTINUANCE OF PRODUCT OR SERVICES. Amoco, at its sole option,
at any time may: (a) discontinue the production or sale of any Product
covered hereby; (b) change the specifications of any such Product; (c)
replace any such Product with another Product; (d) change or withdraw
the trademark applicable to any such Product; (e) change or withdraw
services offered in connection with any such Product, including but
not limited to, credit card privileges; and/or (f) withdraw from
marketing any such Product in the geographic area encompassing
Jobber's Schedule B area and/or in which Jobber's bulk plants or any
of Jobber's Assigned Terminal(s) are located. Amoco shall not be
liable to Jobber by reason of any such discontinuance, replacement,
change or withdrawal.
24. COMPLIANCE WITH LAWS.
(a) COMPLIANCE WITH LAWS GENERALLY. Jobber shall comply fully, and require
its Jobber-Dealers and other customers to comply fully, with any and
all applicable laws and regulations of any and all governmental
authorities regarding the receipt, shipment, delivery, storage,
handling, use, sale, dispensing, labeling, invoicing, advertising
and/or promoting of the Products purchased under this Contract. Without
limiting the foregoing, Jobber shall comply, fully, and require its
Jobber-Dealers and other customers to comply fully, with any and all
applicable laws and regulations, promulgated by any and all
governmental occupational, health and safety agencies and/or
environmental protection agencies.
(b) COMPLIANCE WITH CLEAN AIR ACT REGULATIONS. Jobber shall comply with all
of the obligations imposed by the following federal Clean Air Act
regulations and any corresponding state counterparts, as amended: (1)
40 C.F.R. Part 80, Subpart D, regarding reformulated gasoline; (2) 40
C.F.R. Part 80, Subpart C, regarding oxygenated gasoline (3) 40 C.F.R.
Part 80, Subpart B (specifically 40 C.F.R. sections 80.27 and 80.28),
regarding gasoline volatility; (4) 40 C.F R. Part 80, Subpart B
(specifically 40 C.F.R. sections 80.29 and 80.30), regarding sulphur
content in diesel fuel; and (5) 40 C. F. R. Part 80, Subpart G,
regarding deposit control additives in gasoline.
Page 8 - ELECTRONIC BRANDED JOBBER CONTRACT (26-930-GD)
For
Xxxxxxx Oil Co. Inc.
(c) AMOCO'S RIGHT TO MONITOR COMPLIANCE. As part of Amoco's compliance
programs, Xxxxxx acknowledges and agrees that Xxxxx shall have the
right to enter upon any premises in or upon which any records necessary
to demonstrate Jobber's compliance with the contractual obligations
required in paragraph 24(b) above are kept. Jobber also grants to Amoco
the right to obtain and/or copy any records, inspect any monitoring
equipment or method and sample any Products covered by this Contract.
25. TAXES. Jobber shall pay, or shall reimburse Amoco for Amoco's payment of,
any tax, inspection or environmental fee, duty, tariff or other like charge
(including penalty and interest, if any) imposed, levied, or assessed by
federal, state, local, Native American, or foreign authority upon the Products
covered by this Contract, or upon the import, manufacture, storage, sale, use,
transportation, delivery, or export of the Products covered by this Contract, or
upon the privilege of doing any of these activities, whether imposed on or
measured by the volume, price, or proceeds of sale of the Products covered by
this Contract.
26. NOTICES. All notices given under this Contract shall be deemed properly
served if delivered in writing personally or sent by certified mail (return
receipt requested) to Amoco or Jobber at the addresses indicated in the
introduction to this Contract. The date of notice shall be the date deposited in
the U.S. mail or, if delivered personally, the date of delivery. Any change of
address of a party shall be communicated to the other party by written notice in
accordance with the terms of this paragraph 26.
27. ENTIRE AGREEMENT. This Contract cancels and supersedes all prior written and
unwritten agreements, schedules, appendices, amendments and understandings
between the parties pertaining to the matters covered in this Contract and
contains the entire agreement between the parties. No representations or
statements, other than those expressly set forth in this Contract were relied
upon by the parties in entering into this Contract. No modification or waiver
of, addition to, or deletion from the terms of this Contract shall be effective
unless reduced to writing and signed by Xxxxxx and a representative of Amoco
authorized to execute this Contract.
28. SEVERABILITY. In the event one or more paragraphs of this Contract, or
portions of any paragraph, are declared or adjudged invalid or void by a court
of competent jurisdiction, the remaining paragraphs of this Contract, or
remaining portions of any paragraph, shall remain in full force and affect.
Amoco may, in the alternative and at its sole discretion, cancel this Contract
with due notice to Jobber.
29. NO WAIVER. No course of dealing and no failure to act on any incident of
breach under this Contract shall be construed against Amoco as a waiver of its
right to act in the future. The waiver of any breach of any term or condition in
this Contract shall not be construed as a waiver of any subsequent breach of the
same or other term or condition. Any failure by Amoco to enforce its rights or
to seek remedies under this Contract shall not prejudice its rights or available
remedies for any subsequent breach by Xxxxxx.
30. PARAGRAPH TITLES. The titles and subtitles of paragraphs in this Contract
are for reference and identification purposes only. They are not intended to
modify, restrict or expand upon the content of the paragraphs themselves.
31. EXECUTION. This Contract shall not be binding upon Amoco unless and until it
is signed by Xxxxx's authorized representative and a fully executed copy is
returned to Jobber.
In Witness Whereof, the parties hereto have executed this Contract on the date
stated.
Jobber: Xxxxxxx Oil Co Inc
--------------------------------------
By: /s/ ILLEGIBLE
--------------------------------------
Title: PRESIDENT
--------------------------------------
Amoco Oil Company
By: /s/ ILLEGIBLE
--------------------------------------
Title: JOBBER SALES MANAGER
--------------------------------------
Page 9 - ELECTRONIC BRANDED JOBBER CONTRACT (26-930-GD)
For
Xxxxxxx Oil Co. Inc.
AMOCO
PETROLEUM PRODUCTS SCHEDULE A TO BRANDED JOBBER CONTRACT
MARKETING BUSINESS GROUP PRODUCT, QUANTITIES AND
JOBBER'S ASSIGNED TERMINAL(S)
This schedule A ("Schedule A") dated the second day of November, 1998 is made
part of and shall be attached to the branded jobber contract ("Contract")
dated the first day of January, 1999 by and between Amoco Oil Company ("Amoco")
and XXXXXXX OIL, PO BOX 1842, MINOT, ND 58702 ("Jobber") pursuant to the
applicable paragraphs of said Contract.
NOW, THEREFORE, Xxxxx and Jobber, intending to be legally bound, agree to the
following:
1. THIS SCHEDULE A SUPERSEDES ALL PRIOR SCHEDULES. This Schedule A
shall cancel and supersede any and all prior Schedule A schedules.
2. PRODUCTS AND QUANTITIES.
(a) CONTRACTS LONGER THAN ONE (1) YEAR. The branded petroleum products
("Products") and the quantities of those Products covered by the
Contract shall be as set forth below for twelve (12) month periods
beginning on the first day of the Contract term and each anniversary
thereof. These Products and quantities shall be subject to changes at
the end of each twelve (12) month period, at Amoco's option, with the
submission to Jobber of an amended Schedule A. Within twenty (20) days
after receiving an amended Schedule A, Jobber shall have the right to
cancel the Contract upon thirty (30) days written notice. If Jobber
does not cancel within this twenty (20) day period, it is expressly
agreed and understood the Jobber shall abide by the terms and
conditions of the amended Schedule A.
(b) CONTRACTS OF ONE (1) YEAR OR LESS. In the case of a Contract with a
term of one (1) year or less, the Products and the quantities of those
Products covered by the Contract shall be as set forth below for the
twelve (12) month period beginning on the first day of the Contract
term and ending on the last day of said term.
3. JOBBER'S ASSIGNED TERMINAL(S). The Amoco terminals assigned to Jobber
("Jobber's Assigned Terminal(s)") shall be as set forth below. Amoco shall
have the right at any time or times to change Jobber's Assigned Terminal(s)
and/or to limit the quantity of any Product that Amoco shall make available
to Jobber at Jobber's Assigned Terminal(s) including, but not limited to,
the right to limit Jobber's supply of any Product to the monthly quantities
set forth below and the right to further limit Jobber's supply of any
Product by prorating said monthly quantities on a weekly or daily basis.
4. SUBMISSION OF SCHEDULE A DOES NOT GUARANTEE RENEWAL. No language in this
Schedule A or any amendment shall be considered a commitment by either
party that the franchise relationship will be renewed upon the expiration
of the current Contract.
Total Gasoline: 14,850.2 MGals
Total Distillate: 6,279.7 MGals
--------------------------------------------------------------------------------
Terminal: JMSTN/AMOCO 00211-058 AOC-JAMESTOWN
REGULAR GASOLINE Jan-1999 71.9 MGals
Feb-1999 125.0 MGals
Mar-1999 104.6 MGals
Apr-1999 43.6 MGals
May-1999 44.2 MGals
Jun-1999 30.2 MGals
Jul-1999 55.7 MGals
Aug-1999 95.2 MGals
Sep-1999 69.3 MGals
Oct-1999 76.4 MGals
=======
Total 715.7 MGals
MID-GRADE GASOLINE Jan-1999 6.9 MGals
Feb-1999 9.7 MGals
Mar-1999 5.1 MGals
Apr-1999 5.5 MGals
May-1999 2.0 MGals
Jun-1999 8.0 MGals
Jul-1999 11.0 MGals
Aug-1999 20.2 MGals
Sep-1999 6.0 MGals
Oct-1999 22.6 MGals
=======
Total 97.2 MGals
PREMIUM GASOLINE Jan-1999 27.1 MGals
Feb-1999 34.7 MGals
Mar-1999 7.91 MGals
Apr-1999 8.61 MGals
May-1999 26.3 MGals
Jun-1999 17.9 MGals
Jul-1999 22.6 MGals
Aug-1999 29.0 MGals
Sep-1999 8.5 MGals
Oct-1999 21.0 MGals
=======
Total 203.5 MGa1s
PREMIER DIESEL FUEL (HS) Jan-1999 49.5 MGals
Feb-1999 63.1 MGals
Mar-1999 40.4 MGals
Apr-1999 71.0 MGals
May-1999 114.9 MGals
Jun-1999 35.1 MGals
Jul-1999 65.2 MGals
Aug-1999 122.5 MGals
Sep-1999 100.9 MGals
Oct-1999 88.3 MGals
=======
Total 751.0 MGals
HS NO1 DISTILLATE Jan-1999 14.2 MGals
Oct-1999 3.0 MGals
=======
Total 17.2 MGals
HS N02 DISTILLATE Jan-1999 112.1 MGals
Feb-1999 16.7 MGals
Mar-1999 35.0 MGals
Apr-1999 35.5 MGals
May-1999 11.4 MGals
Jul-1999 12.1 MGals
Aug-1999 9.0 MGals
Sep-1999 2.2 MGals
Oct-1999 40.4 MGals
=======
Total 274.4 MGals
--------------------------------------------------------------------------------
Terminal: MANDN/AMOCO 00084-048 AOC-MANDAN
REGULAR GASOLINE Jan-1999 139.3 MGals
Feb-1999 177.5 MGals
Mar-1999 213.9 MGals
Apr-1999 62.6 MGals
May-1999 62.8 MGa1s
Jun-1999 153.0 MGals
Jul-1999 3564.6 MGals
Aug-1999 524.5 MGals
Sep-1999 191.9 MGals
Oct-1999 148.2 MGals
=======
Total 2,028.4 MGals
MID-GRADE GASOLINE Jan-1999 113.8 MGals
Feb-1999 67.3 MGals
Mar-1999 105.5 MGals
Apr-1999 84.3 MGals
May-1999 99.1 MGals
Jun-1999 88.6 MGals
Jul-1999 128.9 MGals
Aug-1999 103.2 MGals
Sep-1999 95.9 MGals
Oct-1999 101.0 MGals
=======
Total 987.4 MGa1s
PREMIER GASOLINE Jan-1999 98.3 MGals
Feb-1999 81.0 MGals
Mar-1999 136.4 MGals
Apr-1999 96.0 MGals
May-1999 104.9 MGals
Jun-1999 124.4 MGals
Jul-1999 150.9 MGals
Aug-1999 138.9 MGals
Sep-1999 124.6 MGals
Oct-1999 105.5 MGals
=======
Total 1,161.0 MGals
PREMIER DIESEL FUEL (HS) Jan-1999 95.5 MGals
Feb-1999 165.1 MGals
Mar-1999 222.2 MGals
Apr-1999 259.3 MGals
May-1999 288.0 MGals
Jun-1999 119.4 MGals
Jul-1999 143.3 MGals
Aug-1999 327.3 MGals
Sep-1999 216.9 MGals
Oct-1999 95.7 MGals
=======
Total 1,932.8 MGals
HS NO1 DISTILLATE Jan-1999 16.6 MGals
Feb-1999 4.5 MGals
Mar-1999 21.9 MGals
Jul-1999 5.0 MGals
Aug-1999 1.6 MGals
Sep-1999 10.9 MGals
Oct-1999 41.6 MGals
=======
Total 102.0 MGals
HS NO2 DISTILLATE Jan-1999 115.5 MGals
Feb-1999 110.7 MGals
Mar-1999 101.1 MGals
Apr-1999 284.3 MGals
May-1999 273.2 MGals
Jun-1999 160.0 MGals
Jul-1999 321.7 MGals
Aug-1999 561.1 MGals
Sep-1999 177.5 MGals
Oct-1999 110.3 MGals
=======
Total 2,215.3 MGals
HEAVY FUEL OIL May-1999 5.5 MGals
=======
Total 5.5 MGals
--------------------------------------------------------------------------------
Terminal: MINOT/CENEX 05143-099 CENEX-MINOT
REGULAR GASOLINE Jan-1999 539.4 MGals
Feb-1999 540.4 MGals
Mar-1999 636.1 MGals
Apr-1999 660.5 MGals
May-1999 743.4 MGals
Jun-1999 707.7 MGals
Jul-1999 700.6 MGals
Aug-1999 591.7 MGals
Sep-1999 638.3 MGals
Oct-1999 626.2 MGals
=======
Total 6,384.3 MGals
LS NO1 DISTILLATE Jan-1999 12.2 MGals
Mar-1999 3.0 MGals
Sep-1999 1.1 MGals
=======
Total 16.3 MGals
LS NO2 DISTILLATE Jan-1999 5.6 MGals
Feb-1999 26.6 MGals
Mar-1999 14.7 MGals
Apr-1999 19.4 MGals
May-1999 32.0 MGals
Jun-1999 59.2 MGals
Jul-1999 132.6 MGals
Aug-1999 49.7 MGals
Sep-1999 17.2 MGals
Oct-1999 28.4 MGals
=======
Total 385.4 MGals
--------------------------------------------------------------------------------
Terminal: MORHD/AMOCO 00210-058 AOC-XXXXXXXX
REGULAR GASOLINE Jan-1999 24.2 MGals
Feb-1999 32.0 MGals
Mar-1999 31.9 MGals
Apr-1999 42.2 MGals
May-1999 46.2 MGals
Jun-1999 49.8 MGals
Jul-1999 59.8 MGals
Aug-1999 83.7 MGals
Sep-1999 46.3 MGals
Oct-1999 48.0 MGals
=======
Total 464.1 MGals
REGULAR OXYGENATED Jan-1999 174.2 MGals
Feb-1999 141.9 MGals
Mar-1999 187.8 MGals
Apr-1999 213.6 MGals
May-1999 229.3 MGals
Jun-1999 234.2 MGals
Jul-1999 272.0 MGals
Aug-1999 257.6 MGals
Sep-1999 223.4 MGals
Oct-1999 207.7 MGals
=======
Total 2,141.8 MGals
MID-GRADE GASOLINE Jan-1999 5.7 MGals
Feb-1999 3.1 MGals
Mar-1999 6.6 MGals
Apr-1999 5.5 MGals
May-1999 6.3 MGals
Jun-1999 8.0 MGals
Jul-1999 9.4 MGals
Aug-1999 12.9 MGals
Sep-1999 7.3 MGals
Oct-1999 6.5 MGals
======
Total 71.2 MGals
MID-GRADE OXYGENATED Jan-1999 13.0 MGals
Feb-1999 13.8 MGals
Mar-1999 16.7 MGals
Apr-1999 14.8 MGals
May-1999 20.9 MGals
Jun-1999 17.7 MGals
Jul-1999 22.1 MGals
Aug-1999 23.4 MGals
Sep-1999 11.4 MGals
Oct-1999 17.5 MGals
=======
Total 171.2 MGals
PREMIUM GASOLINE Jan-1999 6.2 MGals
Mar-1999 5.0 MGals
Apr-1999 2.8 MGals
May-1999 14.7 MGals
Jun-1999 1.5 MGals
Jul-1999 17.0 MGals
Aug-1999 40.3 MGals
Sep-1999 4.7 MGals
Oct-1999 4.5 MGals
=======
Total 96.7 MGals
PREMIUM OXYGENATED Jan-1999 22.1 MGals
Feb-1999 25.5 MGals
Mar-1999 21.9 MGals
Apr-1999 28.9 MGals
May-1999 24.4 MGals
Jun-1999 39.4 MGals
Jul-1999 52.1 MGals
Aug-1999 37.1 MGals
Sep-1999 30.8 MGals
Oct-1999 32.4 MGals
=======
Total 314.6 MGals
PREMIER DIESEL FUEL (HS) Jan-1999 21.7 MGals
Feb-1999 28.9 MGals
Mar-1999 11.3 MGals
Apr-1999 15.8 MGals
May-1999 12.9 MGals
Jun-1999 16.5 MGals
Jul-1999 40.3 MGals
Aug-1999 19.0 MGals
Sep-1999 17.3 MGals
Oct-1999 8.6 MGals
=======
Total 192.3 MGals
HS NO1 DISTILLATE Jan-1999 13.8 MGals
Feb-1999 11.2 MGals
Mar-1999 3.6 MGals
Apr-1999 2.0 MGals
Aug-1999 2.1 MGals
Oct-1999 8.8 MGals
=======
Total 41.4 MGals
HS NO2 DISTILLATE Jan-1999 40.0 MGals
Feb-1999 20.0 MGals
Mar-1999 47.3 MGals
Apr-1999 51.5 MGals
May-1999 16.2 MGals
Jun-1999 11.0 MGals
Jul-1999 36.7 MGals
Aug-1999 34.8 MGals
Sep-1999 40.4 MGals
Oct-1999 33.9 MGals
=======
Total 331.8 MGals
LS NO2 DISTILLATE Apr-1999 1.7 MGals
Jun-1999 1.7 MGals
=======
Total 3.4 MGals
--------------------------------------------------------------------------------
Terminal: MORHD/PLWIL 06749-057 XXXXXXXX P/L-FARGO
LS NO2 DISTILLATE Aug-1999 10.9 MGals
=======
Total 10.9 MGals
--------------------------------------------------------------------------------
Terminal: RAPCY/PLKAN 00631-057 KANEB P/L-RAPID CITY
REGULAR GASOLINE Apr-1999 11.8 MGals
=======
Total 11.8 MGals
--------------------------------------------------------------------------------
Terminal: SAUKC/AMOCO 00209-058 AOC-SAUK CENTERE
PREMIUM GASOLINE Jun-1999 1.5 MGals
=======
Total 1.5 MGals
