01-27-2014 Council Packet - Laserfiche WebLink

Home Browse Search

, YOCUM OIL COMPANY PRICE PROGRAM SALES AGREEMENT hereunder. In addition, in the event Buyer believes or has reason to believe the information provided to Buyer by Seller is inaccurate or in any way insufficient for any given purpose, Buyer agrees to immediately inform Seller of same, and provide Seller a reasonable opportunity to supplement or correct the information. FORCE MAJEURE: Unless otherwise expressly provided for in this Agreement,failure(in whole or in part)or delay on the part of the Seller in the performance of any of the obligations imposed upon the Seller under this Agreement shall be excused and the Seller shall not be liable for damages or otherwise,when such failure or delay is the direct or indirect result of any of the following causes,whether or not existing or reasonably within the contemplation of the parties on the Effective Date, namely: acts of God, earthquakes,fire,flood, or the elements, malicious mischief, insurrection, riot, strikes, lockouts, boycotts, picketing, labor disturbances, public enemy,war(declared or undeclared), compliance with any federal, state, or local law, or with any regulation, order, rule, recommendation, request or suggestion (including, but not limited to, priority, rationing or allocation orders or regulations)of governmental agencies, or authorities or representatives of any government(foreign or domestic) acting under claim or color of authority,total or partial failure or loss or shortage of all or any part of transportation facilities ordinarily available to and used by a party in the performance of the obligations imposed by this Agreement,whether such facilities are the Seller's own or those of others; and if failure or delay be that of Seller,total or partial loss or shortage of raw or component materials or products ordinarily required by Seller, uncertainties in the supply/demand situation (which may include a decision by Seller that the costs of some crude oil and petroleum products which might be available are unreasonable). LAW AND JURISDICTION: This Agreement shall be governed by the laws of the State of Minnesota, excluding rules of conflict of law, and by applicable United States federal law. WAIVER: No waiver by either party hereto of a breach of an obligation owed hereunder by the other party shall be construed as a waiver of any other breach,whether of the same or a different nature. No delay or failure on either party's part to enforce any right or claim which it may have hereunder shall constitute a waiver on the respective parties' part of such right or claim. AMENDMENT: This Agreement shall not be modified or amended except by written instrument duly executed by officers of other duly authorized representatives of the respective parties. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between the Seller and Buyer with respect to the subject matter hereof and there are no other promises, representations, or warranties affecting it. Only written statements or agreements hereto executed by both parties shall vary or modify the terms hereof. Accepted and confirmed: Yocum Oil Company, Inc. (Seller) By: Printed Name: Title: Date: City of Orono (Buyer) By: Printed Name: Title: Date: Page 3 of 3 Rev 3/09/Ol