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Lease Agreement

Equipment
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1. EQUIPMENT FEES AND CHARGES. Puget Sound Propane agrees to install and to lease to Customer the propane storage tank or cylinders and

related equipment listed below, and Customer agrees to pay Puget Sound Propane the fees, rates and charges required by this Agreement. The fees,

rates and charges required by this Agreement are not refundable, except as required by law. The following equipment is hereby leased by Puget Sound Propane to the customer.

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2. PROPANE SUPPLY. Customer will purchase from Puget Sound Propane all of the propane that Customer requires for use at Customer's residence or the delivery address listed above party 30 days' prior written notice. Puget Sound Propane may terminate this Agreement at any during the term of this Agreement. Customer agrees that only propane sold by Puget Sound time without prior notice or take such other action as may be permitted by law if Customer fails Propane shall be used with the above equipment.

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3. TERM. This Agreement shall commence on the date signed by Customer and shall continue in until terminated in accordance with paragraph 11 of this Agreement.

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4. FEES RATES AND CHARGES. Customer agrees to pay Puget Sound Propane’s fees, rates and charges in effect on the date that propane or equipment is delivered or services are rendered. Puget Sound Propane reserves the right to change its fees. rates and charges from time to time without prior notice to Customer. Puget Sound Propane’s rates for propane and tank rent may vary depending upon the volume purchased, customer classification, ownership of equipment and competitive conditions. Puget Sound Propane will furnish Customer with Customer's current fees, rates and charges upon request.

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5. PAYMENT TERMS. Customer agrees to pay all fees, rates and charges within thirty (30) days after the invoice date at the office address designated below. If Customer fails to pay any fees, rates and charges when due. Puget Sound Propane may add a late charge of 1 1/2% per month to all past due balances. Puget Sound Propane reserves the right to require payment in advance and to require Customer to post a cash deposit, which may be applied to Puget Sound Propane at any time in whole or in part to any outstanding balance.

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6. LICENSES. PERMITS AND TAXES. Customer agrees to pay any taxes and license, permit or inspection fees associated with the sale or used of the propane and equipment covered by this Agreement.

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7. TITLE TO EQUIPMENT. All equipment leased by Puget Sound Propane to Customer will remain the property of Puget Sound Propane and shall not become a fixture or part of the Customer's real property. CUSTOMER WILL NOT MAKE ANY ADJUSTMENTS, CONNECTIONS OR DISCONNECTIONS TO THE EQUIPMENT OR REMOVE THE EQUIPMENT WITHOUT WRITTEN PERMISSION FROM Puget Sound Propane. CUSTOMER SHALL NOTIFY Puget Sound Propane IMMEDIATELY IF THE EQUIPMENT IS DAMAGED OR MALFUNCTIONS OR IF CUSTOMER EXPERIENCES ANY PROBLEMS WITH THE EQUIPMENT.

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8. ACCESS TO EQUIPMENT. Customer grants Puget Sound Propane the right to enter Customer's premises at any time to deliver propane or to install, repair, service or remove any or all of the equipment or to perform any other services that Puget Sound Propane deems necessary under this Agreement. Customer will promptly surrender to Puget Sound Propane all of its equipment when this Agreement is terminated for any reason. Customer must provide access to the equipment and pay any additional costs if equipment is not accessible. Puget Sound Propane reserves the right to substitute equipment of different capacity for the equipment described above if Customer's propane usage changes and to remove its equipment during periods of non- usage.

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9. DISCLAIMER OF WARRANTIES. Puget Sound Propane MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, EQUIPMENT OR SERVICE NOW OR HEREAFTER SUPPLIED PURSUANT TO THIS AGREEMENT. INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Puget Sound Propane BE LIABLE FOR INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND BUSINESS INTERUPTION DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. Puget Sound Propane IS NOT LIABLE FOR ANY LOSS SUSTAINED BY CUSTOMER AS A RESULT OF THE TEMPORARY EXHAUSTION OF CUSTOMER'S SUPPLY OF PROPANE.

 

11. TERMINATION. Either party may terminate this Agreement for any reason by giving the other party 30 days' prior written notice. Puget Sound Propane may terminate this Agreement at any time without prior notice or take such other action as may be permitted by law if Customer fails to satisfy any of the terms and conditions of this Agreement, including without limitation, failure to pay any amount when due or tampering with or removing any leased equipment. Customer agrees to pay all fees charged by Puget Sound Propane to cover the costs of removing equipment from customer's location fie tank pick up, gas pump out, restocking fees. etc.)

 

12. EXCUSED PERFORMANCE. Puget Sound Propane shall not be responsible for any delay or damages caused by events or circumstances beyond its reasonable control, including without limitation acts of God, fire, storms, floods, wars, hostilities, compliance with laws or regulations, Puget Sound Propane's inability to obtain propane for its customary suppliers, pipeline disruptions, lack of or inadequate transportation facilities, or other causes beyond Puget Sound Propane's reasonable control. Under any of these circumstances Puget Sound Propane may in its sole discretion allocate propane and equipment among its customers.

 

13. RESTORATION OF PROPERTY. Puget Sound Propane is not responsible for furnishing fill. resurfacing or restoring Customer's premises to its previous condition when propane is delivered or any equipment is installed, serviced or removed by Puget Sound Propane.

 

14. ASSIGNABILITY. Customer cannot assign this Agreement without the prior written consent of Puget Sound Propane. Puget Sound Propane may assign this Agreement without notice to or consent of Customer.

 

15. ATTORNEY'S FEES. If Puget Sound Propane files suit against Customer to enforce any of the terms and conditions of this Agreement or to recover possession of any of its equipment, Customer shall pay Puget Sound Propane reasonable costs, including attorney's fees, to the maximum extent permitted by law.

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16. GENERAL PROVISIONS. This Agreement is the final understanding between Puget Sound Propane and the Customer and there are no prior representations or warranties. This Agreement may not be modified orally but may be modified only in writing.

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Puget Sound Propane reserves the right to change the applicable terms and conditions (other than fees, rates and charges which may be charged without prior notice) at any time upon 30 day's prior written notice (which may be in the form of a bill insert or other written notification). By accepting delivery of propane or by paying any fees, rates and charges after prior notice has been given as provided above, Customer will be deemed to have agreed to the charges.

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If any part of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement will continue to be valid and enforceable.

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Any notice under this Agreement shall be sent by first class mail, postage prepaid. to Puget Sound Propane at the address of Puget Sound Propane's office shown on the delivery tickets or invoices received by Customer, and to Customer at the address stated above. Notice is effective upon mailing.

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If Puget Sound Propane delays in exercising any of its rights under this Agreement, Puget Sound Propane will not be prevented from exercising its rights at a later date. Puget Sound Propane's waiver of any breach of this Agreement at any time shall not excuse future breaches by Customer.

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This Propane Supply Agreement and Equipment Lease is between Puget Sound Propane and:

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