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HomeMy WebLinkAboutContracts & Agreements_30-2008_CCv0001.pdf FUEL SALES AGREEMENT This fuel sales agreement ("Agreement") is made this day of 200f, ("Effective Date"), between the City of Redlands, a municipal corporation ("City"), and ruT Hcl+ a organized and existing under the laws of the State of California ("'Buyer"). City and Buyer are sometimes individually referred to herein as a"Party" and, together, as the "Parties." RECITALS A. The Parties contemplate that Buyer will purchase from City and City will sell to Buyer fuel on an ongoing basis. B. To avoid having to resolve questions of conflicting terms and conditions on purchase orders and purchase order acknowledgments each time Buyer purchases fuel from City, the Parties wish to enter into an agreement that sets forth the terms and conditions that will govern all such transactions between them. In consideration of the mutual benefits and obligations set forth in this Agreement, the Parties agree as follows: AGREEMENT ARTICLE I - DEFINITION OF PRODUCT 1.1 The term"fuel"means Liquid Natural Gas/Compressed Natural Gas ("LNG/CNG") for which Buyer issues to City a purchase order during the term of this Agreement. ARTICLE 2 - ISSUANCE OF PURCHASE ORDERS 2.1 Buyer may issue purchase orders to City from time to time. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery, and the following notation: "This order is issued pursuant and subject to Agreement No. [number] between City and buyer." Every purchase order issued by Buyer to City following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement. In the event of any inconsistency between the terms and conditions of this Agreement and the terms of a purchase order, the terms and conditions of this Agreement shall prevail. DJM\Agree\Fuel Sales Agreement 7.4 This Agreement contains the entire agreement of the Parties and supersedes all Z:� prior verbal or written agreements of the Parties with respect to the subject matter hereof. This Agreement shall be amended or modified only by written agreement, signed by the Parties. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF DLANTIS ATTEST: By ly on Harrison, Mayor city BUYER B Dat — Z k e. �Z NAN-1E TITLE WORD:FROMS:FM FUEL SALES AGREEMENT WM\AgreeTuel Sales Agreement