are hereby terminated and any outstanding refined helium delivered by Supplier under an Existing
Agreement for which Supplier has not purchased an Equivalent amount of crude helium shall be covered
by the terms of this Contract. Supplier shall make its pertinent records and documents supporting its
sales of helium from prior Existing Agreements readily available for full inspection and audit by the
Bureau’s authorized representative(s) or other designated representative of the Department of the Interior
for a period of six years after termination of such agreements.
3.6 Supplier shall make its pertinent records and documents supporting its deliveries of
helium readily available for full inspection and audit by the Bureau’s authorized representative(s) or other
designated representative of the Department of the Interior. The Authorized Officer or his duly authorized
representative(s) shall have access to and the right to examine, during Supplier’s normal business hours,
any pertinent or applicable books, documents, and records involving transactions related in any way to
this Contract. Supplier shall maintain all pertinent and applicable records in accordance with 30 U.S.C. §
1713(b).
3.7 This Contract constitutes the complete agreement between Supplier and the Bureau,
and there are no oral promises, prior agreements, understandings, obligations, warranties, or
representations between the Bureau and Supplier relating to this Contract other than those set forth
herein or as amended.
ARTICLE IV
Bureau of Land Management
4.1 Within fifteen (15) days of the effective date of this Contract, the Bureau will place
Supplier's name and address on the Bureau of Land Management list of authorized Federal Helium
Suppliers.
4.2 When a Federal Agency or private helium purchaser submits a written request for the
list of authorized Federal Helium Suppliers, the Bureau will furnish its list of authorized Federal Helium
Suppliers to the requesting Federal Agency or private helium purchaser pursuant to 43 C.F.R. § 3195.23.
4.3 Pursuant to 43 C.F.R. § 3195.32, the Bureau will furnish, upon written request by
Supplier, a list of Federal Agencies and Federal Agency Contractors that have purchased a Major Helium
Requirement during the past year.
ARTICLE V
Delivery, Pricing and Charges
5.1 The Bureau shall deliver crude helium purchased by Supplier under this Contract
pursuant to the delivery provisions in the Helium Storage Contact.
5.2 Upon receiving notification from Supplier of a delivery of refined helium by Supplier to a
Buyer, the Bureau shall record a purchase of an Equivalent amount of crude helium not later than the
Bureau billing date. The Bureau shall bill Supplier for all purchases of crude helium on the Bureau billing
date which shall occur not later than forty-five (45) days after Supplier submits its quarterly helium report
to the Bureau. Each fiscal year, the Bureau may inspect and audit Supplier’s records and documents,
including but not limited to all contracts and invoices, pertaining to Supplier’s reported deliveries of refined
helium to Buyers. In the event the Bureau identifies a discrepancy between the volume of refined helium
Supplier delivered to a Buyer and the volume of refined helium Supplier reported to the Bureau, the
Bureau shall adjust volume of crude helium Supplier purchased from the Bureau and the dollar the
amount due to the Bureau in a subsequent billing statement.
Page 6 of 11