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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 for any 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 may be) <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 />8. 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 liftninety percent (90%) percent (butinno 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 lifted 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 party'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 in its 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 <br />(00181405.DOCX;1 ] <br />