Gasoline & Diesel Fuel Sales Contract Template (Page 3 of 3) in pdf

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: ______________________________________________

Gasoline & Diesel Fuel Sales Contract Template Page 3