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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. <br />Fuel Purchaser. The proceeds of fire, theft or other casualty insurance shall be payable to Musket, <br />as loss payee, with respect to the loss suffered thereby, Fuel Purchaser shall furnish Musket with <br />certificates of insurance and original endorsements affecting coverage required by this Section 13 <br />prior to performing hereunder and, from time to time, as applicable, certificates evidencing <br />renewal of such policies no less than thirty (30) days prior to the expiration thereof. Musketshall <br />have no duty to examine any certificate or other evidence of insurance or to advise Fuel Purchaser <br />in the event that any insurance is not in compliance with this Section 13. That notwithstanding, <br />should Fuel Purchaser fail to obtain any insurance policy required to be obtained hereunder, or <br />furnish proof thereof, Musket may (but shall have no obligation to) obtain such insurance, at Fuel <br />Purchaser's expense and Fuel Purchaser shall reimburse Musket for the same on demand. All <br />such sums not paid to Musket within ten (10) days of demand therefore shall accrue interest at <br />the rate of eighteen percent (18%) per annum until paid in full, it being understood that accrual <br />of interest on such amounts shall not prejudice any other remedies which may be available to <br />Musket, Self-insured retentions, ifany,shall notexceed Five Thousand Dollars ($5,000.00), unless <br />a larger amount is approved by Musket, in its sole discretion. That notwithstanding, in all <br />instances ofself-insured retention inexcess ofFiveThousand Dollars ($5,000.00), Fuel Purchaser <br />shall furnish to Musket a certificate of excess liability coverage. Insurance coverage required <br />under this Agreement shall be additional security for the obligations assumed by Fuel Purchaser <br />hereunder and in no event shall the types of insurance or Iimits of coverage required hereunder <br />be deemed to limitany obligation or liability assumed under this Agreement. <br />14. NOTICE. All notices or other communication herein required or permitted shall be in <br />writing and given by personal delivery or sent by (i) registered or certified mail, return receipt <br />requested, postage prepaid, (ii) facsimile or (iii) nationally recognized overnight courier service, <br />addressed to the respective party as set forth on the first page of the Agreement (unless written <br />notice of change thereof is provided). Notice shall be deemed given on the earlier of (i) actual <br />receipt, (ii) three (3) business days after deposit in the U.S. Mail, (iii) the date of facsimile <br />delivery/receipt confirmation, or (iv) the first business day after deposit with an overnight <br />courier. Any notice or communication not received because of change of address, without notice <br />to the other party thereof, or refusal to accept delivery, shall be deemed received on the date of <br />attempted personal delivery or on the date, as indicated above, for other permitted methods of <br />delivery. <br />15. MISCELLANEOUS, This Agreement and the legal relations between the parties shall be <br />governed by the laws of the State of Texas without giving effect to any conflict of law provision <br />(whether of the State of Texas or any other jurisdiction) that would cause the application of the <br />law of any other jurisdiction. No waiver by Musket of any breach or default of any provision of <br />this Agreement shall waive any subsequent breach or default of the same or any other provision. <br />Fuel Purchaser may assign its rights under this Agreement only upon the prior written approval <br />of Musket and, notwithstanding any such assignment, Fuel Purchaser shall not be released from <br />its obligations hereunder, absent Musket's written agreement to the contrary. This Agreement <br />may be executed in one or more counterparts, and by facsimile, all of which counterparts shall be <br />considered one and the same agreement. In any action to enforce or defend this Agreement, the <br />prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated <br />therewith, <br />(00181405.DOCX;1) <br />