Gasoline & Diesel Fuel Sales Contract Template Page 3


In the event of shortages of Product: (i) Seller may, in its sole discretion, allocate the availability
of such Product among its existing customers as Seller deems appropriate without any liability to
Customer, and (ii) Customer shall have
no liability to Seller to the extent that Customer’s failure to take delivery of the specified
Quantity is caused by Seller’s allocation.
8. Force Majeure. Neither party to this Agreement shall be liable to the other party hereto for
any loss or damage resulting from any delay or failure to make or accept deliveries caused by or
arising out of acts of God or the
elements, storms, wars, acts of terrorism, governmental proration or regulation, when raw
materials or supplies are interrupted, unavailable, or in short supply, and/or any other cause
beyond such party’s commercially reasonable control.
Customer specifically agrees that nothing contained in this Section 8. shall ever be construed to
relieve Customer of its obligations to promptly pay Seller in full for Product delivered to it, or to
pay any other monetary obligations of
Customer herein.
9. Modification and Waiver. Any of the terms of this Agreement may be waived in writing by
the party which is entitled to the benefit thereof; provided, however, that the failure of a party to
exercise any right given it
hereunder, or to insist on strict compliance with all the terms herein, shall not constitute a waiver
of any term, condition, or right under this Agreement, unless and until that party shall have
confirmed any such action or inaction to be a
waiver in writing.
10. Assignment. This Agreement may not be assigned or transferred by Customer. The Product
to be sold pursuant to this Agreement is for use only in Customer’s operations.
11. Entire Agreement. This Agreement contains the entire understanding between the parties
hereto relating to the subject matter hereof, and shall supersede all prior negotiations,
representations, agreements and
understandings, whether oral or written, between these parties with respect to the subject matter
herein, and neither party shall be liable or bound to the other in any manner by any warranties or
representations (whether oral, implied or
otherwise) not set forth herein.
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall for all purposes be deemed to be an original, and all of which shall constitute one and the
same Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the
date first above written.
Dearybury Oil & Gas Inc.
By: ______Bill Dearybury III-COO___________________________________________
Customer Signature: ___________________________________________
Customer Name: ______________________________________________  


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