Common use of AUTOMATIC REPLENISHMENT Clause in Contracts

AUTOMATIC REPLENISHMENT. Requests for automatic replenishment are preferred in WRITING from an Authorized User but may be required by the Contractor. A Contractor shall provide written notification back to any Authorized User's request for automatic replenishment on any tank with a total gross capacity equal to or greater than 375 gallons. Automatic replenishment for tank capacities less than 375 gallons will be at the Contractor’s option and may be subject to a minimum order charge (see Section 3.13). Determination for total gross tank capacity shall include all manifolded tanks. The Contractor shall maintain a record of the estimated consumption of biodiesel and kerosene, as the case may be using the “degree day” or equivalent method and shall replenish the Authorized User’s tank or tanks without further notice from the Authorized User, whenever necessary to ensure an adequate supply at all times. If the Contractor, after having accepted the request from the Authorized User, permits the level of the fuel to fall below the percentages of the total capacity of the Authorized User’s tank or tanks indicated in the following table, and does not meet the requirement to deliver on an emergency basis within four (4) hours, the Authorized User shall have the right to purchase sufficient fuel on the open market to fill such tank or tanks and to charge any increase in price paid over the current contract price to the account of the Contractor. The Contractor shall permit another vendor to supply fuel oil into any Contractor-owned tank(s) if applicable and shall not hold the Authorized User or the other supplying source liable in any way for said delivery. MINIMUM LEVEL TOTAL - TANK CAPACITY/GALS 10% Under 5,500 15% 5,500 and over

AUTOMATIC REPLENISHMENT. Requests for automatic replenishment are preferred in WRITING from an Authorized User User, but may be required by the Contractor. A Contractor shall provide written notification back to any Authorized User's request for automatic replenishment on any tank with a total gross capacity equal to or greater than 375 gallons. Automatic replenishment for tank capacities less than 375 gallons will be at the Contractor’s option and may be subject to a minimum order charge (see Section 3.13clause 2.23 MINIMUM ORDER). Determination for total gross tank capacity shall include all manifolded tanks. The Contractor shall maintain a record of the estimated consumption of biodiesel and kerosenefuel oil, Kerosene, or No. 2, including bio-fuels, as the case may be using the “degree day” or equivalent method method, and shall replenish the Authorized User’s tank or tanks without further notice from the Authorized User, whenever necessary to ensure insure an adequate supply at all times. If the Contractor, after having accepted the request from the Authorized User, permits the level of the fuel to fall below the percentages of the total capacity of the Authorized User’s tank or tanks indicated in the following table, and does not meet the requirement to deliver on an emergency basis within four (4) hours, the Authorized User shall have the right to purchase sufficient fuel on the open market to fill such tank or tanks and to charge any increase in price paid over the current contract price to the account of the Contractor. The Contractor shall permit another the other vendor to supply fuel oil into any Contractor-owned tank(s) if applicable ), and shall not hold the Authorized User or the other supplying source liable in any way for said delivery. MINIMUM LEVEL TOTAL - TANK CAPACITY/GALS 10% Under 5,500 15% 5,500 and over