1.     The Customer agrees to pay any license, permit or inspection fees or taxes imposed upon the Equipment or the transaction agreed to in this agreement.

2.     If the Customer uses LP gas for any taxable purposed, Customer shall report and pay the taxing authorities.

3.     All of the Equipment stated herein is the sole property of Company and shall not become fixtures of the Customer’s property.  The Customer owns all tubing, piping and fittings not owned by Company and is solely responsible for their maintenance.  Customer agrees to pay for any repairs to the Equipment caused by the negligence or willful acts of Customer or a third party.  Company agrees to pay for repairs to the Equipment due to ordinary wear and tear.

4.     Regardless of the ownership of Equipment, Customer WILL NOT make any connections or disconnections to the Equipment or change the location of the Equipment unless written permission is received from Company.

5.     The Customer will allow Company free access at all times to the installed Equipment in order to service Company’s or Customer’s Equipment.

6.     Customer authorizes Company to replace the Equipment at any time with no changes in the obligations of this agreement.

7.     Customer agrees to pay a usage fee if minimum annual gallons are not purchased for that year (May 1 – April 30).

8.     The Customer authorizes Company, at its discretion, to remove the Equipment during periods of nonusage by the Customer, in which event the usage fee (if any) will be adjusted accordingly.

9.     Company is not responsible for furnishing fill, resurfacing or restoring premises to its previous condition when the Equipment is removed by Company.

10.  This agreement may be terminated by either party within sixty (60) days after the expiration of the original term hereof, by prior written notice given by the terminating party; the agreement may be terminated by either party when the other fails to fulfill or conform to any of the terms of this agreement.

11.  THIS AGREEMENT MAY BE TERMINATED BY COMPANY IF THE CUSTOMER FAILS TO PAY ANY AMOUNTS DUE HEREUNDER, OR IF THE CUSTOMER REMOVES THE EQUIPMENT PERMANENTLY FROM THE PLACE COMPANY INSTALLED IT.

12.  The Customer will promptly surrender to Company all of the Equipment in the Customer’s possession when this agreement is terminated for any reason.

13.  The Company adheres to strict local and Federal laws and codes when installing the Equipment.  Customer agrees to comply with and conform to all applicable laws, ordinances and regulations relating to possession, use or operation of the Equipment.  Customer also agrees to comply with the recommendations of the Company in the placement of the Equipment.  The Company is not liable for restoring premises to its previous condition if Company vehicles cause damage when attempting to service Equipment not placed according to Company recommendations.

14.  Customer shall not use the Equipment to store or utilize LP gas sold by anyone other than Company.  Company shall have the right to display its decal on the Equipment and to comply with the rules of the National LP Gas Association Self-Certification Decal Program.

15.  Warranty Disclaimer: COMPANY MAKES NO REPRESENTATIONS OF WARRANTIES WHATSOEVER TO THE CUSTOMER CONCERNING THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED.

16.  Company is not liable for any loss sustained by the Customer, nor for any injuries to person or properties arising out of the storage or use of LP gas, or the use, operation and maintenance and repair of any equipment or appliance storing or utilizing LP gas.  Company shall not be liable for any loss sustained by Customer as a result of the exhaustion of Customer’s LP gas.

17.  Company is excused from performing the terms of this agreement if events such as fire, strikes, floods, wars, or other conditions beyond the control of Company to include snow, ice, or other driveway obstructions that make the delivery or service impractical.

18.  Customer agrees not to sell, assign or transfer this agreement.  Company does have the right, however, to sell, transfer or assign this agreement without the Customer’s consent, and if this is done, the agreement will remain in full force and effect as between the Customer and the person replacing the Company.

19.  The waiver by any party hereto of any breach of this agreement by any other party shall not be deemed to be a waiver of any successive or other breach of this agreement.  Each and every right, power and remedy may be exercised from time to time and so often and in such order as may be deemed expedient by the party entitled to the same; and the exercise of any such right, power, or remedy shall not be deemed a waiver of its right to exercise at the same time or thereafter any other right, power, or remedy.

20.  This agreement constitutes the entire agreement between the parties relative to the transaction contemplated hereby, and supersedes any and all correspondence, understandings, or other agreements relating to the subject matter hereof.  This agreement may be amended only by a written document signed by the party to be bound thereby.  This agreement shall be binding on the parties hereto and their successors and assigns by operation of law.

21.  If Customer does not own the premises where the Equipment is to be installed, Customer agrees to furnish a Landowner’s Consent in the form attached hereto.

22.  This agreement shall be governed and construed in accordance with the laws of the state of Virginia.