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Home My WebLink AboutContracts & Agreements_2-1949 GASOLINE CONTRACT FOR GOVERNMENTAL AGENCIES (Not Resellers) CLASSIFICATION---------Uaver=en-ta-1.. ....... . - - ------- ...... A TEMUarl-jst- 19-49 1. Tide Water Associated Oil Company, a Delaware corporation, ASSOCIATED DIVISION, herein- after called "Associated," hereby agrees to sell and deliver to ------City---of Redlands., --- ---- --- ------------- .. .......... .. hereinafter called "Buyer" into Buyer's bulk storage tanks or into drums on Buyer's premises at.---Redlands+. Z� T ---------------- ----- -- ---- ---- -- --- - ----- - ----- - ------ ..... - -- ----- ------ --- or at any other points at which Associated maintains delivery service, and Buyer hereby agrees to purchase from Associated......JK23.............gasoline required or used b)---113uycr or for Buyer's business during the period C0111111encing IN' -3* - and ending -Tanuary-319- 1950 Associated shall ha%,e the right at its option to terminate this agreement without notice if Buyer resells or offers fol resale any of said gasoline or uses same other than for current purposes of Bu%er's operations-, or in the event of anx breach of this agreement ])% Buyer or in the event that during any thirty (36) day period hereof. Buyer purchases from Associated less than 100 gallons of gasoline Associated shall not be obligat'ed, except at its option, to sell or deliver hereunder during any calendar month gasoline in excess of . 2!.,t0.00-- .. -gallons. 2 Associated shall have three (3) hours after receipt by it, in each instance, of any order hereunder in excess of said maximum monthly quantity in which to accept or refuse same, and if Associated refuses to accept said excess order within said time Buyer shall be privileged to purchase said excess quantity from other sources, but without recourse on Associated. 3 Buyer waives any claim against Associated as to price or quantity of any delivery of products here- _ —tludet t 0,1 , uaks,s-iu.ch claim is pj4dt-by-Bu-yer o-Aasac I , writing-within 4R linjjrs After such dell-yerx De Roo & Goivlz-nd Tide 411,--terloci U- Cid. 'o . loc,-,-1 stiibutoTs hereby agrees to discount on Additicn;E)-1 .,005 discount per gallon for Arct--ne (lsthyl ) Gasoline - makinga total of *32� per gallon discount on said gascline De R� Gowlcmd By - 5 The deliveryof this contract form to Buyer, by Associated, fully completed as to date, terms, prices and conditions, shall constitute an offer from Associated to Buyer to enter into a contract in accordance with the terms hereof, which offer shall remain open for, and must be accepted by Buyer within thirty (30) days from date hereof Buyer shall not be deemed to have accepted this contract until it, or a copy thereof, is received by Associated, properly executed by Buyer. 6. THE CONDITIONS PRINTED ON THE REVERSE HEREOF ARE HEREBY INCO RATED IN AND MADE A PART OF THIS AGREEMENT. Tide wcoar Associated Oil CompanY ASSOCIATED DIVISION e Sa es ................ --- --- ------ BB zn Witness, --------- --- .. ..... B .. ...... .... ... TFTLE Form 43741-1 7 Associated shall not be liable for damages because of total or partial interruption of deliveries, changes in quality or discontinu trice of any of its products, or type or size of containers, as the result of wai, Governmental action, embargo, order, requisition or request of any Governmental or acting authority, re- straints of i ulers or pi inces, acts of God, the elements,fire, storm, flood, strike, industrial disturbance, of ac- cidents; inability to secure supplies in the open market, failure or impairment of Associated's production, transportation, manufacturing or distributing facilities, joinder of Associated in any curtailment, rationing or proration program, whether voluntary or involuntary, or anti other causes whatsoever beyond Associ- ated's control, whether or not similar to the foi egoing enumerated causes Buyer may purchase elsewhere, but without recourse on Associ-ited, any product which Associated fails to deliver because of any such causes Upon cessation of such causes, deliveries shall be resumed he€eunder, but not beyond the period hereof, nor, except by mutual agreement, in any greater aniounts than required to be delivered during the unexpired period of the contract excluding amounts undelivered during the period Associated is excused from making deliveries If any such causes hinder or delay Associated in snaking deliveries to all its customers, failure to male deliveries to Buyer, in whole or in part, while makiilg deliveries to others, shall not be a violation of this contract and Associated may apportion its available supply among its customers in any manner it shall deem best, 8 The quantity of each delv,ery of gasoline by Associated hereunder shall be established and fired by the volumetric measurement, at the Lime of such delivery, of tiie containers from or into which delivery is made or by meter attached to the delivery equipment,measured and computed in accordance with the same method which Associated has used for its customers generally during the past year Said quantity shall be shown on delivery ticket issued by -lssoc€ated covering such delivery, and shall be accepted as final by both partiesone ( l)gallon f cubic file purpose of this agreement and all deliveries`liereurider shall-mean t�vo"hundred irt thi _ es � s 9 X11 55 gallon drums furnished b_y Assouated to Buyer shall remain the property of Associated and Nvill be loaned by Associated to Buycr Any drums not i eturned at end of contract period shall lie invwced by A.ssociated and paid for by Buyer at $2 75 each 10. Any tax levied by governmental authority,novo or hereafter in effect, except as herein already provided for and in any manner iffecting sale or delivery hereunder shall be added to each of the prices spe- cified in Paragraph 4 hereof, and shall be paid by Buyer 11 Associated in its uncontrolled discretion may at any time change the brand name or distinctive designation of any of its products Should it do so, this agreement shall be deemed to cover products of the new names or designations to the same extent as if said names or designations were specifically set forth herein 12 Buy ci shall maks payments hereunder on such terms as Associated may specify from time to time, and if Buyer fails to do so, tlicn at Associated's option all sums owing hereunder shall become immediately due and payable, and Associated may terminate this agreement or refuse all further deliveries hereunder 13 Waiver by Associated of any Breach by Buyer shall not be deemed waiver of any other breach 14 The making, execution and delivery of this agreement by Buyer have not been induced by any regi esentations, statements, vv arranties or agreemt-iits other than those herein expressed, and this agreement --mbodies the entire under standing of the parties hereto and there are no further or other agreements or under standings;written or"oral, in effc -betwee:r he parties-bexeW re1a he subject matter hereof, and this agreement supersedes all agreements of a prior date between the parties hereto reLdzing Lo the subject matter hereof, 15 This agreement shall not be assigned by Buyer without Associated's written consent Except as herein provided, this agreement shaII be binding upon and shall inure to the benefit of the parties, their suc cessors and assigns i r IM 9408 TIDE WATER ASSOCIATED OIL COMPANY ASSOCIATED DIVISION PACIFIC ELECTRIC BUILDING 'Tile: 2 r7��T 610 SOUTH MAIN STREET �o1G Los ANGELES, 14, CALIFORNIA ; arch 91 194? GASOLII3E COL=CT - OI`!'I OF REDL01IS DE ROO x GOWLP30 Redlands Herewith for your dalivery to subject city please find Gasoline Contract covering Via period February 1, 10,491 to January 310 1950. Sincerely yoixsj 'Fide ►o'nter Associated Gil vompany ASSOCIATED LATE' DI SIGN By n •'♦ Shea, Di Sales n,gr. 5F:rp Attach H. R. ;°V'hley LL zc a 10, 1949- ' City of Redl -nas, Yr "Tha.ley Attached is gasoline contract signed by Associ-tcd 011 Cc f or your rec orris foi� the year Feb . 1, 1949 to Jan, 31, 1;,50 Ile Roo & Gov: -nd ?'y � ��