Common use of Storage and Handling Charges Clause in Contracts

Storage and Handling Charges. (a) CUSTOMER shall pay LESSOR the Storage Rate as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER shall also pay LESSOR Monthly the other rates, fees and charges set forth in Exhibit "A", including, but not limited to, Throughput Charges and Redelivery Fees, if any. (b) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is set forth in Exhibit "A", and/or (ii) the total volume of all Products stored by CUSTOMER exceeds the Lease Volume, CUSTOMER shall pay to LESSOR the Excess Storage Fee as set forth in Exhibit "A". (c) If at the expiration or termination of this Agreement CUSTOMER continues to have Products in storage (which the parties expressly do not contemplate and LESSOR in no way condones) which was delivered into storage under the terms of this agreement, then CUSTOMER shall pay to LESSOR an Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance of all Products held in storage at any time during such Month. LESSOR'S acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, CUSTOMER shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products remains in storage or (ii) in no way effect LESSOR'S rights to sell CUSTOMER'S Products as provided for in Section 3 above and any other rights that CUSTOMER may have. (d) Nothing in this Section 11 shall be construed to create an obligation on LESSOR to accept more Products into storage in excess of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may by telephone notice to CUSTOMER require CUSTOMER to remove such excess balance within three Business Days and if any excess balance remains at the end of such period, then CUSTOMER shall reimburse LESSOR for any costs or liabilities incurred by LESSOR as a result thereof.

Storage and Handling Charges. (a) CUSTOMER Depositor shall pay LESSOR the Storage Rate as storage charges and service fees at the rates set forth in Exhibit "A"the written price quotation in effect at the time such charges accrue or the Services are performed. All Goods are stored on a month-to-month basis. The Goods are deemed to be received on the date that the Warehouse Operator accepts care, without regard as custody, and control of the Goods, regardless of unloading date or the date warehouse receipt is issued. Notwithstanding the above, and subject to whether any Products have actually been contrary or additional terms contained in applicable price quotes, (i) a full month's storage charge will be delivered by CUSTOMER apply to LESSOR for all Goods received between the first and the 15th, inclusive, of a calendar month; (ii) one- half month's storage hereunder. CUSTOMER shall also pay LESSOR Monthly charge will apply to all Goods received between the other rates16th and last day, fees inclusive, of a calendar month; and charges set forth (iii) a full month's storage charge will apply to all Goods in Exhibit "A", including, but not limited to, Throughput Charges and Redelivery Fees, if anystorage on the first day of a calendar month. (b) If Handling charges cover the ordinary labor involved in receiving Goods at the end warehouse door, placing Goods in storage, and returning Goods to the warehouse door for pickup. Handling charges are due and payable on receipt of Goods. Unless otherwise agreed in writing, labor for unloading and loading Goods will be subject to a charge. Additional expenses incurred by Warehouse Operator in receiving and handling damaged Goods, and additional expenses in unloading from or loading into cars or other vehicles not at warehouse door will be charged to the Depositor. Labor and materials used in loading rail cars or other vehicles are chargeable to Depositor. When Goods are ordered out in quantities less than in which received, Warehouse Operator may include an additional charge for each order or each item of an order. The Warehouse Operator shall not be liable for any Month (i) demurrage or detention, any delays in unloading inbound cars, trailers or other containers, or any delays in obtaining and loading cars, trailers, or other containers for outbound shipment unless Warehouse Operator has failed to exercise reasonable care. Additional charges apply to other specified services at the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is rates set forth in Exhibit "A"the written price quote in effect at the time such charges accrue or the services are performed, and/or (ii) the total volume of all Products stored by CUSTOMER exceeds the Lease Volume, CUSTOMER shall pay to LESSOR the Excess Storage Fee and will be separately billed as set forth in Exhibit "A"such services are performed. (c) If at the expiration or termination of this Agreement CUSTOMER continues to have Products in storage (which the parties expressly do not contemplate and LESSOR in no way condones) which was delivered into storage under the terms of this agreement, then CUSTOMER shall pay to LESSOR an Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance All charges are exclusive of all Products held in storage at any time during such Month. LESSOR'S acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreementsales, provideduse, howeverand excise taxes, CUSTOMER shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products remains in storage or (ii) in no way effect LESSOR'S rights to sell CUSTOMER'S Products as provided for in Section 3 above and any other rights similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Depositor. Depositor shall be responsible for all such charges, costs, and taxes; provided, that CUSTOMER may haveDepositor shall not be responsible for any taxes imposed on, or with respect to, Warehouse Operator's income, revenues, gross receipts, personnel, or real or personal property. (d) Nothing in this Section 11 Depositor is subject to and shall be construed to create an obligation pay the minimum storage and handling charge of $50 per invoice. (e) If Warehouse Operator pays any lawful transportation charges on LESSOR to accept more Products into storage in excess behalf of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may by telephone notice to CUSTOMER require CUSTOMER to remove such excess balance within three Business Days and if any excess balance remains at the end of such periodDepositor, then CUSTOMER Depositor shall promptly reimburse LESSOR Warehouse Operator for such charges, and in any costs or liabilities incurred by LESSOR as a result thereofcase within five [5] business days after receiving an invoice for such charges from Warehouse Operator.

Storage and Handling Charges. (a) CUSTOMER CBF shall pay LESSOR ▇▇▇▇▇▇ Monthly the Storage Rate as fees set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER shall also pay LESSOR Monthly the other rates, fees and charges set forth in Exhibit "A", including, but not limited to, Throughput Charges and Redelivery Fees, if any. (b) If at the end of any Month (iMonth(i) the volume of a particular Product and/or Raw Make stored by CUSTOMER CBF exceeds the storage volume of such Product and/or Raw Make allocated for that Month as designated by CUSTOMER CBF as provided herein (the initial allocation of which is set forth in Exhibit "A"), and/or (ii) the total volume of all Products and Raw Make stored by CUSTOMER CBF exceeds the Lease Volume, CUSTOMER CBF shall pay to LESSOR the ▇▇▇▇▇▇ an Excess Storage Fee as set forth in Exhibit "A". (c) If at the expiration or termination of this Agreement CUSTOMER CBF continues to have Products Product(s) and/or Raw Make in storage (which the parties Parties expressly do not contemplate and LESSOR ▇▇▇▇▇▇ in no way condones) which was delivered into storage under the terms of this agreementAgreement, then CUSTOMER CBF shall pay to LESSOR an ▇▇▇▇▇▇ two times the Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance of all Products and Raw Make held in storage at any time during such Month. LESSOR'S ▇▇▇▇▇▇'▇ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, providedPROVIDED, howeverHOWEVER, CUSTOMER CBF shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products CBF's Product(s) and/or Raw Make remains in storage or (ii) in no way effect LESSOR'S ▇▇▇▇▇▇'▇ rights to sell CUSTOMER'S Products CBFs Product(s) and Raw Make as provided for in Section 3 above and any other rights that CUSTOMER CBF may have. (d) Nothing in this Section 11 10 shall be construed to create an obligation on LESSOR ▇▇▇▇▇▇ to accept more Products Product(s) and Raw Make into storage in excess of (i) the Lease VolumeVolume and (ii) the allocation of each Product as set forth in Section 6 of Exhibit "A". At any time there is an unauthorized excess balance, LESSOR ▇▇▇▇▇▇ may by telephone notice to CUSTOMER CBF require CUSTOMER CBF to remove such excess balance within three Business Days two working days and if any excess balance remains at the end of such period, then CUSTOMER CBF shall reimburse LESSOR ▇▇▇▇▇▇ for any costs or liabilities incurred by LESSOR ▇▇▇▇▇▇ as a result thereof. Notwithstanding the foregoing, CBF shall never exceed the Lease Volume or the allocation of each Product as set forth in Section 6 of Exhibit "A" without ▇▇▇▇▇▇'▇ prior written consent.

Storage and Handling Charges. (a) CUSTOMER The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay LESSOR the annual payment for the Annual Storage Rate Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER Section 12. (b) Suburban shall also pay LESSOR Plains Monthly the other rates, fees and charges set forth in Exhibit "“A", including, but not limited to, Throughput Charges and Redelivery Fees, if any”. (bc) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is set forth in Exhibit "A", and/or (ii) the total volume of all Products propane stored by CUSTOMER Suburban exceeds the Lease Volume, CUSTOMER Suburban shall pay to LESSOR Plains the Excess Storage Fee as set forth in Exhibit "“A"”. (cd) If at the expiration or termination of this Agreement CUSTOMER Suburban continues to have Products propane in storage (which the parties expressly do not contemplate and LESSOR Plains in no way condones) which was delivered into storage under the terms of this agreementAgreement, then CUSTOMER Suburban shall pay to LESSOR an Plains the Excess Storage Fee as set forth in Exhibit "“A" ” each Month thereafter based on the highest balance of all Products propane held in storage at any time during such Month. LESSOR'S Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, CUSTOMER Suburban shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products Suburban’s propane remains in storage or (ii) in no way effect LESSOR'S Plains’ rights to sell CUSTOMER'S Products Suburban’s propane as provided for in Section 3 above and any other rights that CUSTOMER may haveabove. (de) Nothing in this Section 11 shall be construed to create an obligation on LESSOR Plains to accept more Products propane into storage in excess of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may Plains may, by telephone notice to CUSTOMER Suburban, require CUSTOMER Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of such period, then CUSTOMER Suburban shall reimburse LESSOR Plains for any costs or liabilities (including reasonable legal expenses) incurred by LESSOR Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in gallons corrected for temperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane delivered. Plains shall utilize the “Terminal Management System” (“TMS”), otherwise known as TOPTECH, or similar system, to make account transaction information available to Suburban. Suburban may request information in a reasonable manner. (h) Each week, Plains shall furnish a transaction summary statement indicating Suburban’s balance for the preceding week. A copy of the bills of lading and Notifications of Receipt and Notifications of Delivery shall accompany this transaction summary. The bills of lading, Notices of Receipt and Notices of Delivery shall be used to determine Suburban’s storage balance.

Storage and Handling Charges. (a) CUSTOMER ▇▇▇▇▇▇▇▇ shall pay LESSOR the Storage Rate as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER shall also pay LESSOR CBF Monthly the other rates, fees and charges set forth in Exhibit "AC", including, but not limited to, the Receipt Fee. Throughput Charges and Redelivery Fees, if anyas applicable. (b) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is set forth in Exhibit "A", and/or (ii) the total volume of all Specification Products stored by CUSTOMER ▇▇▇▇▇▇▇▇, excluding undelivered volumes of Specification Product(s) for which timely distribution instructions have been given, exceeds the Lease Storage Volume, CUSTOMER ▇▇▇▇▇▇▇▇ shall pay to LESSOR CBF the Excess Storage Fee fee as set forth in Exhibit "AC". ▇▇▇▇▇▇▇▇ agrees to use all reasonable efforts to prevent volumes of Specification Products stored hereunder from exceeding the Storage Volume at any time during each Month. (c) If at the expiration or termination of this Agreement CUSTOMER ▇▇▇▇▇▇▇▇ continues to have Products Specification Product(s) in storage (which the parties expressly do not contemplate and LESSOR CBF in no way condones) which was delivered into storage under the terms of this agreementAgreement and for which timely distribution instructions have not been given, then CUSTOMER ▇▇▇▇▇▇▇▇ shall pay to LESSOR an CBF the Excess Storage Fee fee as set forth in Exhibit "AC" each Month thereafter based on the highest balance of all Specification Products held in storage at any time during such Month. LESSOR'S CBF's acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, providedPROVIDED, howeverHOWEVER, CUSTOMER ▇▇▇▇▇▇▇▇ shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products ▇▇▇▇▇▇▇▇' Specification Product(s) remains in storage or (ii) in no way effect LESSOR'S rights to sell CUSTOMER'S Products as provided for in Section 3 above and any other rights that CUSTOMER may havestorage. (d) Nothing In addition to the provisions of (c) above, in the event ▇▇▇▇▇▇▇▇ fails to remove its Specification Product(s) at the expiration of the term of this Agreement, CBF shall have the right to sell all or any portion of such Specification Product(s) at Mont Belvieu OPIS prices and on terms as CBF, in its sole discretion, deems appropriate under the then existing circumstances. If CBF sells all or a portion of ▇▇▇▇▇▇▇▇' Specification Product(s) under the terms of this Section 11 shall be construed to create an obligation on LESSOR to accept more Products into storage in excess 5(d), within thirty (30) Days of its receipt of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may by telephone notice to CUSTOMER require CUSTOMER to remove such excess balance within three Business Days and if any excess balance remains at proceeds derived from the end sale of such periodSpecification Product(s), CBF shall remit same to ▇▇▇▇▇▇▇▇ less (i) all of CBF's reasonable costs and expenses associated with any such sale(s), (ii) a sales commission equal to five percent (5%) of the gross proceeds of such sale(s), and (iii) any fees then CUSTOMER shall reimburse LESSOR for any costs or liabilities incurred due and owed by LESSOR as a result thereof▇▇▇▇▇▇▇▇ to CBF.

Storage and Handling Charges. (a) CUSTOMER DLMT shall pay LESSOR Dynegy Monthly for the Storage Rate availability of the storage space the "Lease Rate" as set forth in Exhibit "A", without regard as to whether any Products have Product(s) has actually been or will be delivered by CUSTOMER DLMT to LESSOR Dynegy for storage hereunder. CUSTOMER DLMT shall also pay LESSOR Monthly to Dynegy each Month the other rates, fees and charges set forth in Exhibit "A", including, but not limited to, Throughput Charges and Redelivery Fees, if any.A. (b) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER DLMT exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER DLMT as provided herein (the initial allocation of which is set forth in Exhibit "A"), and/or (ii) the total volume of all Products stored by CUSTOMER DLMT exceeds the Lease Volume, CUSTOMER DLMT shall pay to LESSOR Dynegy the Excess Storage Fee fee as set forth in Exhibit "A".A. (c) If at the expiration or termination of this Agreement CUSTOMER continues to have Products in storage (which the parties expressly do not contemplate and LESSOR in no way condones) which was delivered into storage under the terms of this agreement, then CUSTOMER shall pay to LESSOR an Excess Storage Fee as set forth in Exhibit "A" each Month thereafter based on the highest balance of all Products held in storage at any time during such Month. LESSOR'S acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, CUSTOMER shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products remains in storage or (ii) in no way effect LESSOR'S rights to sell CUSTOMER'S Products as provided for in Section 3 above and any other rights that CUSTOMER may have. (d) Nothing in this Section 11 8 shall be construed to create an obligation on LESSOR Dynegy to accept more Products Product(s) into storage in excess of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR Dynegy may by telephone written notice to CUSTOMER DLMT require CUSTOMER DLMT to remove such excess balance within three Business Days seventy-two (72) hours of DLMT's receipt of such written notice and if any excess balance remains at the end of such period, then CUSTOMER DLMT shall reimburse LESSOR Dynegy for any costs or liabilities incurred by LESSOR Dynegy as a result thereof. Notwithstanding the foregoing, DLMT shall never exceed the Lease Volume without Dynegy's prior written consent.

Storage and Handling Charges. (a) CUSTOMER The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay LESSOR the annual payment for the Annual Storage Rate Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER Section 12. (b) Suburban shall also pay LESSOR Plains Monthly the other rates, fees and charges set forth in Exhibit "“A", including, but not limited to, Throughput Charges and Redelivery Fees, if any”. (bc) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is set forth in Exhibit "A", and/or (ii) the total volume of all Products propane stored by CUSTOMER Suburban exceeds the Lease Volume, CUSTOMER Suburban shall pay to LESSOR Plains the Excess Storage Fee as set forth in Exhibit "“A"”. (cd) If at the expiration or termination of this Agreement CUSTOMER Suburban continues to have Products propane in storage (which the parties expressly do not contemplate and LESSOR Plains in no way condones) which was delivered into storage under the terms of this agreementAgreement, then CUSTOMER Suburban shall pay to LESSOR an Plains the Excess Storage Fee as set forth in Exhibit "“A" ” each Month thereafter based on the highest balance of all Products propane held in storage at any time during such Month. LESSOR'S Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, CUSTOMER Suburban shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products Suburban’s propane remains in storage or (ii) in no way effect LESSOR'S Plains’ rights to sell CUSTOMER'S Products Suburban’s propane as provided for in Section 3 above and any other rights that CUSTOMER may haveabove. (de) Nothing in this Section 11 shall be construed to create an obligation on LESSOR Plains to accept more Products propane into storage in excess of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may Plains may, by telephone notice to CUSTOMER Suburban, require CUSTOMER Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of such period, then CUSTOMER Suburban shall reimburse LESSOR Plains for any costs or liabilities (including reasonable legal expenses) incurred by LESSOR Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in gallons corrected for temperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane

Storage and Handling Charges. (a) CUSTOMER The Annual Storage Fee for the Initial Term (based on the Lease Volume for the Initial Term) shall be pro-rated to take into account that such term is less than 12 months, and shall be payable by Suburban within 10 Days after Suburban’s receipt of Plains’ invoice therefor. During the Secondary Term, Suburban agrees to pay LESSOR the annual payment for the Annual Storage Rate Fee on or before the first Day of each annual lease period during the Secondary Term, based on the Lease Volume for that annual lease period. Should Suburban fail to pay any amount due to Plains when due, Plains may, without notice, suspend all withdrawals of Suburban’s propane. Interest on any outstanding Annual Storage Fee payment will accrue as set forth in Exhibit "A", without regard as to whether any Products have actually been or will be delivered by CUSTOMER to LESSOR for storage hereunder. CUSTOMER Section 12. (b) Suburban shall also pay LESSOR Plains Monthly the other rates, fees and charges set forth in Exhibit "“A", including, but not limited to, Throughput Charges and Redelivery Fees, if any”. (bc) If at the end of any Month (i) the volume of a particular Product stored by CUSTOMER exceeds the storage volume of such Product allocated for that Month as designated by CUSTOMER as provided herein (the initial allocation of which is set forth in Exhibit "A", and/or (ii) the total volume of all Products propane stored by CUSTOMER Suburban exceeds the Lease Volume, CUSTOMER Suburban shall pay to LESSOR Plains the Excess Storage Fee as set forth in Exhibit "“A"”. (cd) If at the expiration or termination of this Agreement CUSTOMER Suburban continues to have Products propane in storage (which the parties expressly do not contemplate and LESSOR Plains in no way condones) which was delivered into storage under the terms of this agreementAgreement, then CUSTOMER Suburban shall pay to LESSOR an Plains the Excess Storage Fee as set forth in Exhibit "“A" ” each Month thereafter based on the highest balance of all Products propane held in storage at any time during such Month. LESSOR'S Plains’ acceptance of funds pursuant to this Section shall (i) in no way be construed as a renewal of this Agreement, provided, however, CUSTOMER Suburban shall continue to be bound by all terms and conditions of this Agreement as long as any of CUSTOMER'S Products Suburban’s propane remains in storage or (ii) in no way effect LESSOR'S Plains’ rights to sell CUSTOMER'S Products Suburban’s propane as provided for in Section 3 above and any other rights that CUSTOMER may haveabove. (de) Nothing in this Section 11 shall be construed to create an obligation on LESSOR Plains to accept more Products propane into storage in excess of the Lease Volume. At any time there is an unauthorized excess balance, LESSOR may Plains may, by telephone notice to CUSTOMER Suburban, require CUSTOMER Suburban to remove such excess balance within three Business Days and if any excess balance remains at the end of such period, then CUSTOMER Suburban shall reimburse LESSOR Plains for any costs or liabilities (including reasonable legal expenses) incurred by LESSOR Plains as a result thereof. Notwithstanding the foregoing, after ten (10) days notice, Plains may dispose of the excess volume not removed pursuant to the preceding sentence by any method or means within its discretion and credit Suburban’s account with the current market replacement cost (calculated per Section 5(f) above) of the propane disposed of, less 1) Plains costs and fees (including reasonable legal expenses) incurred in the disposal, and 2) any fees or expenses then due and owing by Suburban to Plains. (f) All shipments of propane for Suburban’s account shall be reported in gallons corrected for temperature and pressure. Upon injection of propane via pipeline, railcar or truck, Plains shall prepare a Notification of Receipt showing the data necessary for the identification of the incoming shipment. The Notification of Receipt will include Suburban’s name, date of receipt, mode of shipment and quantity of propane received for storage. (g) At Suburban’s request, Plains shall prepare a Notification of Delivery showing the data necessary for the identification of the delivery shipment. The Notification of Delivery will include Suburban’s name, date of delivery, mode of delivery, and quantity of propane delivered. Plains shall utilize the “Terminal Management System” (“TMS”), otherwise known as TOPTECH, or similar system, to make account transaction information available to Suburban. Suburban may request information in a reasonable manner.