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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA
<br />s energy
<br />Indigo
<br />PETROLEUM PRODUCT SALE AGREE1MENT
<br />IUnbrnnded-Term-Roc kl
<br />Exhibit A - RFP E-03-22
<br />This Petroleusr Product Sale A�reernc�nl ("Agreemeni"), dated to be effective as of October 1,
<br />2016 (the "LJJ" etive Date"), is entered into by And between PORT CONSOLIDATED, INC„ a Florida
<br />Corporation ("Buyer"), and INDIGO ENERGY PARTNERS, LLC, a Georgia limited liability company
<br />("Sellar"). Each of Buyer and Seller is referred to herein individually as a "Party" and collectively, as the
<br />"Parties."
<br />L Term. The terra of this Agreement (the "Tenn"), shall be from the Effective Date through
<br />September 30, 2017 (the "Expiration Date"),
<br />2. Purchase and Sale. Seller agrees to sell and deliver to Buyer, and Buyer agrees to
<br />purchase and receive from Seller, the product or products described on Exhibit A (collectively, the
<br />"Products", and each individually, a "Product"), in accordance with the terms and provisions of this
<br />Agreement. Seller's obligations under this Agreement are expressly conditioned upon Buyer satisfying
<br />Seller's credit and other financial requirements,
<br />3. General Terms and Conditions, The general terms and conditions set forth oil the attached
<br />Exhibit B are incorporated herein for all purposes,
<br />4. Volume Requirements; Delivery Point. Exhibit A attached hereto and tirade a part hereof
<br />designates the monthly ratable volumes (the "rYfoathly Volume"), and total aggregate gallons (the "T„tar
<br />Volume”) of each Product that Buyer has agreed to purchase under this Agreement, and further designates
<br />the location (each, a "Deliver: Point") where each Product will be delivered FCA to Buyer. During each
<br />calendar month during the Term, Seller agrees to sell, and Buyer agrees to purchase, not less than 90%
<br />and not more than 110% of the Monthly Volume at each Delivery Point (the "/"blrtuur Range"), which
<br />shall be ratable on a daily and weekly basis, and Buyer will not be allowed to purchase from Seller, and
<br />Seller will not be required to sell to Buyer, more than 110% of the ratable weekly portions of, or more
<br />than 110% of the ratable daily portions of the Monthly Volume. The volume of Product purchased will
<br />be determined solely by the amount set forth on the net bill of lading generated at the Delivery Point. The
<br />Monthly Volume may be adjusted from time to time upon mutual agreement; provided, however, in such
<br />case a formal amendment to this Agreement is not necessary,
<br />5. Price and Payment. Buyer agrees to pay Seller, at the prices specified therefor on Exhibit A
<br />(the " Pride"), for all Products purchased under this Agreement widen ten (10) days after the date of the
<br />relevant bill of lading. Notwithstanding anything to the contrary contained herein, or contained in any
<br />other agreement between the Parties, Buyer shall pay to Seller on demand amounts equivalent to any and
<br />all (collectively, the "Fees "): Taxes, duties, charges, and fees, and any and all increases thereon which
<br />are now or hereafter imposed, directly or indirectly, on, against, in respect of, or measured by the
<br />Products, or any material contained in the Products, or the inspection, production, manufacture, sale,.
<br />Purchase, storage, transportation, delivery, or other handling of the Products or material contained in the
<br />Products, or any feature thereof, or otherwise relating to this Agreement. Fees are not included in the
<br />Price and will be billed as a separate line item on each invoice.
<br />6. Termination. This Agreement may be terminated by either party upon thirty (30) days
<br />written notice.
<br />7. Ratability. Jn addition to any other rights that Seller may have under this Agreement as a
<br />result of Buyer's Failure to purchase Products within the Volume Range, if Buyer fails to purchase at least
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