QUANTITY PRODUCT PRICE EX TAXES F.O.BSee below See below See below Odessa, TX, EI Paso, TX, Other terminals uponagreement

 

In response to the competitive offer you have confirmed with Shell Oil Products of receiving, the following contract is offered.

 

Volume: * net gallons in June, 2002, with * increase each month for the first twelve months of the contract. Contract gallons include low and high sulfur diesels, and unleaded, mid grade and premium conventional 9# gasoline, No other products will be included to meet the contract volumes.

 

The price for Diesel products at Odessa and El Paso, TX Shell Oil Products terminals will be the Shell Oil Products posted price for specific product *. The price for Conventional gasoline products at Odessa and El Paso, TX Shell Oil Products terminals will be the Shell Oil Products posted price for specific product *. Prices normally are subject to change on a day to day basis without notice.

 

Additional conditions of contract:

 

1)This agreement is for the time period June 1, 2002 through October 31, 2005 and supercedes and cancels the existing contract between Shell Oil Products US, successor company to Equilon  Enterprises and Eddins Walcher Company. Any cancellation by Eddins Walcher within the contract period will be for cause only.

2) Shell Oil Products US will pay to Eddins Walcher a rebate of * per month for each of the first six months of the contract period provided that each months purchases by Eddins Walcher Company meets or exceeds the contract minimum volume. Shell Oil Products US will pay to Eddins Walcher a rebate of * per month for each of the second six month of the contract period provide that each months purchases by Eddins Walcher Company meets or exceed the contract minimum volume.

3) If during this contract period, the minimum quantity is not purchased, Shell Oil Products US reserves the right to cancel this agreement and repayment of cash rebates will be required.

4) The cash rebates will be paid upon confirmation by Shell Oil Products US accounting records each month of volume purchased. The rebate will be paid by Shell Oil Products by the 15th of the month following business via EFT credit to customer's account.

5) Payment terms for all products are net 10 days EFT.

 

SHIPMENT: In accordance with attached schedules, or riders.

                       Upon acceptance, the terms of this contract will be controlling.

 

 

ACCEPTED BY:	Shell Oil Products US
/s/ Scott Heller____________________	/s/ Eddisu Barker_______________
Date July 11 2002	Date July 15 2002

 

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