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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc.
<br />7.2 Trucks. Prices of fuel product under this Agreement are based on product offloading
<br />times not exceeding one (1) hour per full truckload, commencing at the time any such truck
<br />arrives at the offloading destination. In this regard, if Fuel Purchaser fails to unload any
<br />truck within such one (1) hour period, Fuel Purchaser shall be responsible forany additional
<br />expense or charges incurred by Musket as a result of such detention beyond such hour,
<br />7.3 Terminal and Tariff Increases. Fuel Purchaser shall reimburse Musket for cost
<br />increases or additional charges arising from the applicable terminals, racks or increased
<br />tariffs, Fuel Purchaser shall promptly reimburse Musket or pay directly (as the case maybe)
<br />any charges for which it is responsible hereunder upon receipt of an invoice or demand
<br />therefore. In no event shall Fuel Purchaser be entitled to deduct or offset any amounts due
<br />Musket hereunder.
<br />S. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month,
<br />the following shall apply:
<br />Lifting Volume Tolerance: Fuel Purchaser shall lift ninety percent (90%) percent (but in no event
<br />more than one -hundred and ten percent (110%)), of the aggregate total monthly contract
<br />volumes ("MCV") of fuel purchased under this Agreement by the end of each calendar month, on
<br />a ratable basis (i.e. with the monthly volume being Iifted in approximately equal amounts each
<br />day ofacalendar month, as practical). Should Fuel Purchaser not lift at least ninety percent (90%)
<br />of the aggregate total MCV for any calendar month, Fuel Purchase shall be charged the price
<br />described herein for each gallon of fuel below ninety percent (90%) of the MCV, Upon the
<br />expiration this Agreement; if Fuel Purchaser has not lifted ninety percent (90%) of the aggregate
<br />total quantity of fuel under this Agreement, Fuel Purchaser shall remain responsible for all
<br />unlifted gallons and will charged the price stated herein for each such gallon.
<br />9.. CAPACITY —ABILITY TO PERFORM. If Musket determines, in its sole discretion, that its
<br />abilityto perform under this Agreement is significantly impaired or impractical, as to one or more
<br />products, for any reason whatsoever, upon written notice to Fuel Purchaser, Musket shall be
<br />relieved of any and all obligations hereunder (as to such product or products). In such event;
<br />Musket shall not be liable for any claims, damages or Iiabilities resulting from or in any way
<br />related to a delay in delivery, or non -delivery, of product to Fuel Purchaser. Nothing in this
<br />Section 10 shall be construed to extend the Term of this Agreement or to relieve Fuel Purchaser
<br />of its obligation to (i) pay for product actually delivered or (ii) otherwise perform under this
<br />Agreement,
<br />10. FORCE MAiEURE. Either party's failure to perform any term or condition of this
<br />Agreement as a result of conditions beyond such non -performing parry's reasonable control,
<br />including, but not limited to, Acts of God, natural disaster or severe weather conditions, war,
<br />strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion,
<br />the inability to procure materials, shortages, government restrictions, performance failures of
<br />third parties upon which the non -performing party relies inits performance hereunder, and the
<br />total or partial failure of transportation facilities customarily available to such non -performing
<br />party shall not be deemed a breach of this Agreement,
<br />11. LIMITED WARRANTY AND LIMITATION OF DAMAGES, BEYOND THE BASIC
<br />DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDERTHIS AGREEMENT,
<br />MUSKET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS
<br />TO THE QUALITY, CONDITION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
<br />NONINFRINGEMENT BY OR ANY OTHER MATTER RELATING TO THE PRODUCT. FUEL
<br />PURCHASER`S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY
<br />SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, MUSKET
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