P.G. WILLEY & CO. FUEL CONTRACT

P.G. Willey & Company of Camden, Maine (“Company”) agrees to sell fuel to (“Customer”) for the period June 1st 2009 through May 31st 2010 , and (“Customer”) agrees to purchase fuel from P.G. Willey & Co. subject to the following conditions:

1. (“Customer”) agrees to be in good standing with P.G. Willey & Co. with no outstanding balances.
2. (“Customer”) agrees to purchase all contracted gallons from P.G. Willey & Co.
3. (“Customer”) agrees to be on automatic delivery.
4. (“Customer”) shall provide safe access to premises, including snow and ice removal. P.G. Willey & Co. may refuse to deliver if access is not clear. P.G. Willey & Co will not be responsible for any damages incurred due to (“Customer”) failure to provide safe access to premises.
5. FIXED PRICE; Is a fixed price that does not change for the number of gallons contracted.
6. DOWNSIDE INSURANCE; Is a cap price program where the price will not exceed the cap per gallon, but may go down if market conditions decline, for the number of gallons contracted.
7. Gallons delivered beyond contract gallons are subject to daily retail pricing and credit terms on the date of delivery. Automatic delivery will remain in effect unless otherwise notified in writing.
8. P.G. Willey & Company shall not be held responsible for any damage or loss to (“Customer”) resulting from failure or delay in making deliveries which may be due to strike, accident, fire, war , insufficient supply of product, failure or delay in transportation, an Act of God or any other cause beyond P.G. Willey’s reasonable control, whether or not similar to the causes enumerated herein.
9. Cancellation clause; All fuel contract’s with remaining gallons for the contract period June 1st 2009 through May 31st 2010 may be subject to a liquidated damages charge equal to the difference between the contracted fuel price and the current retail fuel price at the time of termination, multiplied by the number of undelivered contract gallons. For example; If 200 gallons of contract fuel remains undelivered by May 31st 2010, at $3.50 per gallon and the current retail rate is $2.00 per gallon, the liquidated damages fee would be $1.50 per gallon x 200 gallons = $300.00. This is something to consider if you are not likely to use all of your gallons, or if you feel the price of fuel is likely to go down below the current level.
10. Any undelivered gallons are subject to liquidated damages, any dollar credit amount will be applied towards any future contracts or retail fuel purchases.
11. This agreement may be terminated by P.G. Willey & Co., if the customer fails to abide by his or her obligations hereunder, or fails to pay money owed to P.G. Willey & Co, including budget payments.
12. Performance of this contract will be secured by one of the options set forth under Maine law, Sec1. 10MRSA 1110, sub - 1

Customer___________________________________________ Date_______________

P.G. Willey (agent) ____________________________________ Date______________