Common use of Delivery Clause in Contracts

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms Except as may otherwise be specified in writing by Buyer, delivery of all items provided in this Purchase Order shall be made F.O.B shipping point (per Incoterms® 2020i.e., Seller's designated shipping facility). Seller acknowledges that Buyer's production and marketing schedules are based in part upon the delivery/completion date(s) are stated on each specified in this Purchase Order. All Orders must include Buyer’s or forwarder’s address and are assumed TIME AND PLACE OF DELIVERY ARE, THEREFORE, OF THE ESSENCE with respect to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against ▇'s performance under this Purchase Order. Any provision in this Purchase Order or subsequent agreement by Buyer for installment deliveries of the freight vendor items specified in this Purchase Order shall not be construed as a waiver of this requirement or as severing Seller's obligations for full, on-time, delivery of all items specified in this Purchase Order. If Seller determines that it either can not or may not complete delivery at the specified time and place, Seller shall promptly notify Buyer and indicate the earliest possible date that it is confident that it can complete delivery. Notwithstanding such notice, Seller's failure to effect conforming delivery shall entitle Buyer, without any liability to Seller hereunder, to revoke any prior acceptance of a partial delivery by Seller, to return at Seller's risk and expense all or any part of items delivered in partial satisfaction of this Purchase Order, to cancel this Purchase Order, to receive a refund of any amounts paid to Seller pursuant to this Purchase Order for any items returned to Seller, and to purchase substitute items or services elsewhere and charge Seller with any loss or damage additional costs incurred in transit, so long as connection with such purchases. If in order to comply with ▇▇▇▇▇'s required delivery date it becomes necessary for Seller receives to ship the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied items by a delivery receiptmore expensive mode of transportation than specified in this Purchase Order, signed any increased transportation cost resulting therefrom shall be paid for by freight vendor’s agent at time of delivery, on which receipt Seller unless the loss necessity for such rerouting or damage expedited handling has been notedcaused by Buyer.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per stated in Incoterms® 20202010) are as stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production approximate and any time period indicated for a shipment will not begin until receipt by Seller at Seller’s plant of complete manufacturing, shipping, shipping and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Sellerperformance, even if irrespective of any freight is included allowance or prepaidprepayment of freight. If Seller holds Goods at per Buyer’s instruction instructions or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be Goods and Buyer agrees to make payment at Seller’s standard ratesthe maturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails , storage and other expenses incident to provide shipping instructions, Seller may, such delay at its option, ship the Goods to prevailing rates. Partial deliveries will be accepted by Buyer and paid for at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender will be necessary, but Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because hereunder by reason of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a On Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor carrier for any loss or damage in transit, so long as provided that Seller receives the such claim within five (5) calendar days of delivery of the Goods. All claims will must be waived unless accompanied by a delivery receipt, signed by freight vendorcarrier’s agent at time of delivery, on which receipt the loss or damage has been noted, or such claims will be waived.

Delivery. Delivery terms Except as may otherwise be specified in writing by Buyer, delivery of all items provided in this Purchase Order shall be made F.O.B shipping point (per Incoterms® 2020i.e., Seller's designated shipping facility). Seller acknowledges that Buyer's production and marketing schedules are based in part upon the delivery/completion date(s) are stated on each specified in this Purchase Order. All Orders must include Buyer’s TIME AND PLACE OF DELIVERY ARE, THEREFORE, OF THE ESSENCE with respect to Seller's performance under this Purchase Order. Any provision in this Purchase Order or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise subsequent agreement by Buyer for installment deliveries of the items specified in writingthis Purchase Order shall not be construed as a waiver of this requirement or as severing Seller's obligations for full, on-time, delivery of all items specified in this Purchase Order. All shipping dates are approximate; production will If Seller determines that it either can not begin until receipt by Seller of or may not complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the specified time and place, Seller shall promptly notify Buyer and indicate the earliest of (A) possible date that it is confident that it can complete delivery. Notwithstanding such notice, Seller's failure to effect conforming delivery shall entitle Buyer, without any liability to Seller hereunder, to revoke any prior acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) a partial delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title , to Goods will pass return at Seller's risk and expense all or any part of items delivered in partial satisfaction of this Purchase Order, to Buyer on tender cancel this Purchase Order, to receive a refund of delivery, subject any amounts paid to Seller’s right Seller pursuant to stop Goods in transit and to this Purchase Order for any interest of Seller reserved to secure Buyer’s payment or performance items returned to Seller, even if freight is included and to purchase substitute items or prepaidservices elsewhere and charge Seller with any loss or additional costs incurred in connection with such purchases. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed in order to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process comply with ▇▇▇▇▇’s claim against 's required delivery date it becomes necessary for Seller to ship the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied items by a delivery receiptmore expensive mode of transportation than specified in this Purchase Order, signed any increased transportation cost resulting therefrom shall be paid for by freight vendor’s agent at time of delivery, on which receipt Seller unless the loss necessity for such rerouting or damage expedited handling has been notedcaused by Buyer.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrates per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) All prices are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release based upon ready-to-ship status shipment using F.O.B. Origin, unless otherwise specified by Seller in writing. All shipping dates are approximate; production Any time period indicated for a shipment will not begin commence until receipt by Seller at Seller’s facility of complete manufacturing, shipping, shipping and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by designated shipper, (B) allocation of the Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever first occurs, will constitute tender of packing list provided by Seller. Title to Goods delivery and title will pass to Buyer on tender of deliveryBuyer, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance, irrespective of any freight allowance or prepayment of freight. In the case of Goods held subject to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ instructions, Goods for which Buyer has failed to supply shipping instructions or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s account, Seller may invoice the Goods and Buyer for agrees to make payment at the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesmaturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails , storage and other expenses incident to provide shipping instructions, Seller may, such delay at its option, ship the Goods to prevailing rates. When Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender will be necessary, but Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments or defects as to a shipment within three ten (310) calendar days of receipt of the initial such shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Shipping/Receipt of Product, except as provided herein. Contractor must offer (per Incoterms® 2020a) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingdock delivery, shipping(b) inside delivery, and credit information(c) inside delivery to desk/bench top at no additional charge. Tender of Inside delivery and inside delivery to desk/bench will be made only when the delivery is deemed to occur at the earliest of (Aa) acceptance of shipment by designated shipperfeasible, (Bb) allocation of Goods to Buyer at the delivery location other than Selleris mutually agreed upon by the Authorized User’s location, Agency and Contractor and (Cc) inside delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyercan be pre-arranged. ▇▇▇▇▇ agrees to provide Seller Delivery shall be made in accordance with defined shipping instructions within seven (7) business days following receipt of packing list provided by Selleron the Purchase Order from each Authorized User. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should Orders shall be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments delivered within three (3) calendar days Business Days from the time of receipt of order, except in the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transitinstances where the items being ordered require special handling. If ▇▇▇▇▇ makes an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a written requesthazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against delivery shall be the freight vendor for any loss or damage in transit, so long as Seller receives most economical method and the claim within five (5) calendar days of delivery Authorized User must be informed of the Goodsadditional cost prior to delivery and agree in writing to the additional charge. All claims will Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at delivered within (3) Business Days from the time of delivery, on which receipt of order will only be allowable and charged to the loss or damage has been noted.Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge

Delivery. Delivery terms Requested delivery dates will be stated in each Order and when accepted by Seller are firm. Items will be inspected and appropriately packaged in accordance with Specifications and good industry practice to ensure arrival free from damage or deteriorationand permit storage under normal conditions without detrimental effects and to comply with Buyer’s packaging specifications and all applicable laws and regulations including the Department of Transportation Hazardous Materials Regulations. Each Package must be legibly marked on the outside with Buyer’s part number and quantity and include a packing slip specifying the applicable Buyer Order number, part number(s), quantity, and date code (per Incoterms® 2020) are stated on where applicable), with each Orderdate code segregated by container. All Orders must include Buyer’s or forwarder’s address and shipments are assumed FCA Destination (Incoterms 2010) to authorize immediate release upon ready-to-the ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order Order. Title and invoice risk of loss will transfer upon delivery and acceptance, as evidenced by authorized Buyer signoff. Buyer is not responsible for freight costs unless specified in the GoodsOrder, in which case Buyer’s designated carrier and shipping method must be used. ▇▇▇▇▇ agrees Over shipments, including minimum requirements without advance agreement, or deliveries more than five days in advance of scheduled delivery dates are at Seller’s risk, and Buyer at its option may retain any or all such Items (with invoicing deferred until scheduled delivery date) or reject and return them at Seller’s expense. Buyer will not be liable for Seller’s commitments or production arrangements in excess of the amount or in advance of the time necessary to make payment of such invoice when due under this Agreementmeet the acknowledged delivery schedule, and Seller is authorized to manufacture only up to the quantities shown in Buyer’s authorized releases. ACCEPTANCE & PAYMENT. Buyer will accept ordered Items unless notice of rejection is given within a reasonable time (which Seller agrees shall be not less than 90 days from receipt of goods or ten (10) business days from completion of services). Rejection may be by individual unit or by lot, and pay for partial Seller’s delivery of nonconforming goods will entitle Buyer to terminate the balance of that particular Order. Acceptance does not constitute a waiver of any of Seller’s warranties or Buyer’s rights, and any acceptance of nonconforming deliveries at will not constitute a waiver of Buyer’s right to require that further deliveries be in accordance with the Agreement prices and termsContract, to require correction of any non-conformance, or to pursue damages therefor. If any defect or non-conformity is not apparent on examination, resulting in deterioration of final product, Buyer declares or indicates an intention to not accept may return such Items for replacement upon discovery of the defect. Following delivery, Seller maywill provide a complete and correct invoice for each shipment. If any invoice fails to match the applicable Order in regard to price, at its optionquantity, give written notice to Buyer that Seller is ready and willing to deliverrevision, and such notice delivery terms, or otherwise, the Order will constitute a valid tender of deliveryprevail. Buyer must report any shortages Payment will be made in shipments full within three (3) calendar 90 days of receipt of the initial shipmentgoods/services and Buyer shall be entitled to a 2% discount for payments made within 60 days of receipt of goods or services. No C.O.D. orders or drafts will be accepted. Payment by Buyer does not constitute acceptance and is subject to appropriate adjustment for any failure of Seller to meet the requirements of the Contract. Buyer may not make withhold payment of any deduction from amount it may reasonably dispute in good faith until such dispute is resolved and may set off against amounts owed to Seller any payment due because of loss amounts owed by Seller or damage its affiliates to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedBuyer.

Delivery. Delivery The terms of sale under this Agreement will be governed by Incoterms 2020. Buyer’s PO will indicate the shipping terms (per Incoterms® 2020) are stated i.e., EXW, FOB, DAP). Seller acknowledges that time is of the essence with respect to Seller's obligations under this Agreement and the timely delivery of the Products in the correct quantity on each Orderthe Delivery Date. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of If any delivery is deemed threatened to occur at the earliest of (A) acceptance of shipment by designated shipperbe delayed, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery Seller will promptly provide notice to Buyer’s representative purchasing department of such delay or designeethreatened delay. If Seller fails to deliver the Products in full on the Delivery Date, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided Buyer may terminate this Agreement by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance providing written notice to Seller, even if freight is included or prepaidand Seller will indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller's failure to deliver the Products on the Delivery Date. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed In the event of termination pursuant to supply shipping instructions or because Sellerthis paragraph, Buyer will have the right, in its sole discretion, determines that addition to any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced other rights and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due remedies conferred by law or under this Agreement. Buyer , to procure goods and/or services similar to those terminated, and Seller will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice be liable to Buyer that for any excess costs for such similar goods and/or services. Seller is ready and willing will deliver all Products to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss Delivery Location during Buyer's normal business hours or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process otherwise instructed by ▇▇▇▇▇’s claim against . Seller will pack all goods for shipment according to ▇▇▇▇▇'s instructions or, if there are no instructions, in a manner sufficient to ensure that the freight vendor for Products are delivered in undamaged condition. Seller must provide Buyer prior written notice if it requires Buyer to return any packaging material. Any return of such packaging material will be made at Seller's risk of loss or damage and expense. For all shipments of Products, the PO number must appear on all shipping documents, shipping labels, bills of lading, air waybills, invoices, correspondence and any other documents pertaining to the PO. Palletized Products will be identified by marking on each side of the pallet. Except as otherwise provided in transitthis Agreement, so long as Seller receives retains all title and risk of loss of all Products, work in process and other property of either party used in the claim within five (5) calendar days performance of the PO, and the same will pass to Buyer only upon delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent Products at time of delivery, on which receipt the loss or damage has been notedDelivery Location.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrate per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrates per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Time is of the essence for Delivery terms (per Incoterms® 2020) are stated and all other obligations arising herein. “Delivery Date” and/or “Dock Date” shall mean the date Supplier is required to deliver the Product to the locations designated on each Buyer’s Purchase Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will If Supplier does not begin until receipt by Seller of complete manufacturing, shippingmeet the scheduled Delivery Dates, and credit information. Tender of delivery is deemed Supplier fails to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods demonstrate to Buyer at location other than Seller’s locationthat it has taken best commercial efforts to comply with meeting the Delivery Dates, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to then Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its optionoption cancel this Purchase Order, ship the Goods to Buyer at the address specified in the applicable or any part of this Purchase Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report without incurring any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transitliability. If ▇▇▇▇▇ makes requests expedited shipment of any late deliveries, Supplier will be responsible for shipping cost. Supplier will not ship ahead of the scheduled Delivery Date unless authorized by ▇▇▇▇▇ in writing. Buyer may return, at its option, all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the applicable due date after the scheduled Delivery Date. Supplier, when it has reason to believe that deliveries will not be made as scheduled, will provide immediate written notice to Buyer setting forth the cause of such anticipated delay and the anticipated actual time for delivery (hereinafter referred to as “Grace Period” – Grace period cannot be longer than eight (8) calendar days). Supplier shall be, in addition to any other remedy available to Buyer, liable for Buyer’s documented additional expenses due to its failure to deliver in the event Supplier fails to provide such notice. If Product cannot be delivered by the Delivery Date or within the Grace Period, Jabil will sustain substantial financial loss or damage. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a written requestgenuine estimate of the loss that would be suffered by Jabil by reason of any such delay (which losses would be difficult or impossible to calculate with certainty) and are neither intended as a penalty nor operate as a penalty. Jabil shall be entitled to assess two (2) percent of the purchase price of the late delivered Products for each full calendar day of late delivery up to a maximum of twenty (20) percent of the purchase price of the late delivered Products starting on the day after the Delivery Date or Grace Period as liquidated damages. Notwithstanding the foregoing, Seller- unless Section 17. Force Majeure applies – if Supplier fails to properly deliver the Products, Jabil, in its sole discretion, may agree do one or more of the following: (i) cancel the Purchase Order in whole or in part; (ii) return previously delivered materials or Products which were ordered in connection with the canceled Purchase Order and which are no longer needed; (iii) cancel any current Purchase Order(s) pursuant to which Jabil had ordered material which was related to the canceled Purchase Order and which is no longer needed as a service result of such cancellation; (iv) declare Supplier to Buyer be in default; (v) purchase replacement Products from another source at Supplier’s sole cost and expense; or (vi) insist on compliance with the terms and conditions of this Purchase Order by Supplier. All internationally shipped products will be shipped under "FCA Suppliers Facility (Incoterms 2020)". Products shipped under domestic transport may be FCA or another Incoterm agreed between Supplier and Jabil. For FCA terms, Supplier must utilize the carriers or forwarder provided in Jabil’s shipping guidelines for the transit from Supplier’s facility to process ▇▇▇▇▇the Jabil’s claim against the freight vendor receiving dock. Supplier must utilize Jabil’s specified transportation agent for all shipments. If Supplier uses any other transportation agent, Supplier will reimburse Jabil for any loss or damage in transitadditional costs incurred for transportation. If no transportation agent is specified, so long as Seller receives Supplier will use a transportation agent acceptable to Jabil. Title shall be transferred to Jabil upon the claim within five (5) calendar days of physical delivery of the GoodsProducts to the final destination designated on Jabil's Purchase Order. All claims Jabil assumes risk of loss for Products when Products have been received by Jabil’s carrier or forwarder. In the event a tooling Delivery is delayed, and it is estimated that such delay will be waived unless accompanied by a delivery receiptexceed more than 25% of the agreed completion Date/Delivery time, signed by freight vendor’s agent Buyer may, at time of delivery, on which receipt the loss or damage has been notedits option cancel this Purchase Order without incurring any liability.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless Unless otherwise specified herein, delivery of the goods, and services. If any, specified herein (“Goods”) shall be F.O.B. point of shipment. Any delivery date specified herein is approximate only. Seller assumes no liability for failure or delay in writing. All shipping dates are approximate; production will not begin performance until receipt 5 days after written notice of intention to cancel shall have actually been received by Seller, and Buyer shall be obligated to accept any conforming Goods shipped by Seller of complete manufacturing, shipping, and credit informationduring such period. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by a common carrier, designated shippershipper or licensed public truckman, (B) or allocation of Goods to Buyer at location premises other than Seller’s location, (C) delivery to Buyer’s representative or designeedesignee (if Seller’s trucks and drivers effect such delivery), or (D) mailing of an invoice by Seller to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever of packing list provided by Seller. Title to Goods will pass to Buyer on the foregoing first occurs, shall constitute tender of delivery. Upon tender of delivery, title shall pass to Buyer, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance. In the instance of Goods held subject to Seller▇▇▇▇▇’s instructions, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because for which ▇▇▇▇▇ has failed to supply shipping instructions instructions, or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s account, Seller may invoice the Goods and Buyer for agrees to make payment at the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesmaturity of the invoice so rendered. Goods invoiced and held at any location location, for whatever reason will reason, shall be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insuranceinsurance and storage at prevailing rates. If Partial deliveries shall be accepted by Buyer fails to provide shipping instructions, Seller may, and paid for at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement contract prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept deliverydelivery in accordance with any order, no tender shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production 3.1 The Goods will not begin until be delivered within a reasonable time after the receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery▇'s purchase order, subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the time of Seller’s right 's Sales Confirmation or Seller's quotation and receipt of all specifications, as applicable, and in the case of non-standard items, any such date is subject to stop Goods Seller's receipt of complete information necessary for design and manufacture. Seller shall not be liable for any delays, loss or damage in transit and or for any other direct, indirect, or consequential damages due to any interest delays, including without limitation, loss of use. 3.2 Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Sellermay, in its sole discretion, determines that any part without liability or penalty, deliver partial shipments of Goods should be held for Buyer’s accountto Buyer and ship the Goods as they become available, Seller may invoice Buyer for in advance of the Goodsquoted delivery date. If the Goods are delivered in installments, then insofar as well as for storage. Storage fees each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not severable. 3.3 Seller shall make the Goods available to Buyer at Seller's factory or designated shipment point (each, “Seller’s Shipment Point") using Seller's standard ratesmethods for packaging and shipping such Goods. Buyer shall take delivery of the Goods invoiced and held at within 5 days of Seller's written notice that the Goods have been delivered to the Seller’s Shipment Point. 3.4 If for any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Seller’s Shipment Point, or if Seller is unable to deliver the Goods at the Seller’s Shipment Point on such date because Buyer has not provided appropriate instructions, Seller maydocuments, licenses or authorizations: (i) title and risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, ship may store the Goods to until Buyer at the address specified in the applicable Order picks them up, whereupon Buyer shall be liable for all related costs and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept expenses (including, without limitation, storage and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedinsurance).

Delivery. Time is of the essence. Delivery terms (per Incoterms® 2020) are stated of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on each Orderthe face of this purchase order. All Orders must include Buyer’s or forwarder’s address Savvis reserves the right to return, shipping charges collect, all Goods received in advance of the delivery schedule. If no delivery schedule is specified, the order shall be filled promptly and are assumed to authorize immediate release upon ready-to-ship status unless otherwise delivery will be made by the most expeditious form of transportation via the specified carrier. If no carrier is specified in writing. All shipping this purchase order, Vendor shall use a nationally recognized carrier who can deliver the Goods by the dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of set forth in the delivery is deemed to occur schedule at the earliest lowest cost to Savvis. In the event Vendor fails to deliver the Goods within the time specified, Savvis may, at its option, decline to accept the Goods and terminate the Agreement or may demand its allocable fair share of (A) acceptance Vendor's available Goods and terminate the balance of the Agreement. Vendor shall package all items in suitable containers to permit safe transportation and handling. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Savvis’ purchase order number must appear on all shipping containers, packing sheets, delivery tickets and bills of lading. Partial shipment by designated shipperis not allowed under this Agreement without Savvis’ prior written approval. Savvis may refuse a partial shipment, (B) allocation of Goods to Buyer at location other than Seller’s locationwithout any additional obligation, (C) delivery to Buyer’s representative or designeecost, or (D) mailing of an invoice liability. Notwithstanding anything to Buyer. the contrary herein, if ▇▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of deliveryaccepts a partial shipment, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇▇ has failed no obligation to supply shipping instructions or because Seller, in its sole discretion, determines that pay for such partial shipment until any part shortfall has been delivered to and accepted by Savvis. Savvis shall have a reasonable time after receipt of Goods should or Service to inspect them for conformity hereto before payment. Goods shall not be held for Buyer’s account, Seller may invoice Buyer deemed accepted until Savvis has run an adequate test to determine whether the Goods conform to the specifications. Use of a portion of the Goods for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is purpose of testing shall not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates constitute an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery acceptance of the Goods. All claims If Goods tendered do not wholly conform with the provisions hereof, Savvis shall have the right to reject such Goods. Nonconforming Goods will be waived unless accompanied returned to Vendor freight collect and risk of loss will pass to Vendor upon Savvis’ delivery to the common carrier. If Service deliverables do not wholly conform with the provisions hereof, Savvis shall have the right to reject the Service deliverables and either (i) require Vendor to correct any and all nonconformities in the Service deliverable; or (ii) cancel the applicable Savvis purchase order or part thereof without further liability to Vendor and Vendor shall promptly refund any amounts paid by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt Savvis with respect to the loss or damage has been notednonconforming Service deliverables.

Delivery. Delivery terms (per stated in Incoterms® 20202010) are as stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production approximate and any time period indicated for a shipment will not begin until receipt by Seller at Seller’s plant of complete manufacturing, shipping, shipping and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Sellerperformance, even if irrespective of any freight is included allowance or prepaidprepayment of freight. If Seller holds Goods at per Buyer’s instruction instructions or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be Goods and Buyer agrees to make payment at Seller’s standard ratesthe maturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails , storage and other expenses incident to provide shipping instructions, Seller may, such delay at its option, ship the Goods to prevailing rates. Partial deliveries will be accepted by Buyer and paid for at the address specified in the applicable Order Agreement prices and invoice Buyer for the Goodsterms. When ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender will be necessary, but Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because hereunder by reason of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a On Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor carrier for any loss or damage in transit, so long as provided that Seller receives the such claim within five (5) calendar days of delivery of the Goods. All claims will must be waived unless accompanied by a delivery receipt, signed by freight vendor▇▇▇▇▇▇▇’s agent at time of delivery, on which receipt the loss or damage has been noted, or such claims will be waived.

Delivery. Delivery It is a condition of entry onto a Bunge Facility that the Deliverer agrees to these terms (per Incoterms® 2020) are stated on each Orderand conditions, even where receival of a particular parcel of Grain does not occur. All Orders must include BuyerReceival is offered at Bunge’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingdiscretion. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is Receival shall be deemed to occur when the Del verer’s nominated vehicle has been weighed, the quantity/quality of Grain delivered is ascertained by Bunge and recorded on a weighbridge ticket. The Deliverer agrees that, upon receival, the nomination by the Deliverer or its agent of the acquirer of the Grain is an irrevocable direction to transfer title in the relevant parcel of Grain to the relevant acquirer at the earliest relevant Bunge Facility. The Deliverer and its agents will not make or attempt to make a Delivery that contains a contaminant likely to adversely affect the quality of (A) acceptance Grain held at the relevant Bunge Facility. The Deliverer and its agents will comply with the work, health and safety rules and directions of shipment by designated shipper, (B) allocation of Goods the relevant Bunge Facility. The Warehouser agrees to Buyer at location other than Seller’s location, (C) register with NGR and must quote or provide its NGR number to Bunge when making any delivery to Buyer’s representative a Bunge Facility. Without a valid NGR number, Bunge will not accept a Grower delivery. The Warehouser warrants that: (a) it owns any Grain tendered for delivery by or designee, on behalf of it; (b) it has not manipulated or (D) mailing loaded any delivery in any way to prevent the making of an invoice accurate assessment by Bunge of the quality of the Grain using Bunge's standard sampling procedures; (c) Grain being tendered for delivery by or on behalf of it will not: (i) contain any chemical contaminant or residues; (ii) be in breach of any relevant Laws; (d) all Grain tendered for delivery by or on behalf of it was grown between May and September immediately prior to Buyer. ▇▇▇▇▇ agrees the current season; (e) any vehicle used to provide Seller deliver the Grain is clean, dry and free of any remaining materials and odours from previous loads; (f) if any of the Grain has been treated with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer substances for the Goodscontrol of insects, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced details of the substances and held at the application of those substances has been provided in writing to Bunge before the Grain is delivered to the Bunge Facility and the use of any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified other chemical in the applicable Order process of planting, growing and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment storage of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage Grain has been notedin accordance with the levels prescribed in any relevant Law and also in accordance with the usage instructions; (g) any information it provides to Bunge in relation to this Bunge Warehousing Agreement is complete, true and correct and not misleading or deceptive or likely to mislead or deceive.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Ordermust be in strict compliance with the schedule contained in this Order and shall be made by Seller at such times and places and of such items and quantities as any be specified by Buyer. All Orders must include Parts fabricated in excess or in advance of Buyer’s or forwarder’s address and release are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s locationrisk. Buyer reserves the right to return to Seller, (C) delivery to Buyerat Seller’s representative or designeeexpenses, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within all goods received more than seven (7) business days following receipt ahead of packing list provided by Sellerthe required delivery date. Title Buyer reserves the right, without loss of discount privileges, to Goods will pass to Buyer pay invoices covering items shipped in advance of the schedule on tender of the normal maturity after the date specified for delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at fails to meet its scheduled delivery dates and Buyer elects to call for expedited shipments, Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred. Seller shall be responsible for any additional charges resulting from the deviation from Buyer’s instruction routing instructions. Should Buyer accept goods which are not delivered on or before the required delivery date, which option Buyer reserves, the Seller shall be liable for all additional costs incurred by Buyer because ▇▇▇▇▇ has failed of such delay(s) including, but not limited to, telecommunication costs, additional or premium transportation charges, special handling expenses, and costs to supply shipping instructions or because SellerBuyer to install the materials out of normal manufacturing sequence, in its sole discretion, determines that any part addition to other remedies available by law to Buyer. Title and risk of Goods should be held for Buyer’s account, loss remain in Seller may invoice Buyer for until goods are delivered to the Goods, as well as for storageFCA point specified herein. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of Notwithstanding such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because shall bear risk of loss or damage to Goods in transitgoods purchased hereunder from the time that Buyer gives notice of rejection of goods pursuant to the inspection provisions of this Order. If ▇▇▇▇▇ makes Seller encounters or anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Buyer in writing, giving pertinent details; provided, however, that the receipt of such data shall be for information purposes only and shall not be construed as a written requestwaiver by Buyer of any delivery schedule or date or of any rights or remedies provided by law or this Order. If Seller fails to make delivery promptly and regularly as required hereunder, SellerBuyer may, in its sole discretionaddition to other remedies available by law, may agree as a service to terminate this Purchase Order in accordance with the paragraphs of this Order entitled “Termination for Default.” Nothing contained in this Paragraph shall prevent termination by Buyer to process ▇▇▇▇▇’s claim against under the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery provisions of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time “Termination for Default” paragraphs of delivery, on which receipt the loss or damage has been notedthis Order.

Delivery. Delivery terms The Tenant’s Work will be designed and completed pursuant to the following process. (per Incoterms® 2020a) are stated on each OrderTenant has delivered the preliminary Tenant’s Racking Plans to Landlord and Landlord has approved the Tenant’s Racking Plans for the purpose of commencing preparation of plans, specifications and working drawings for the Tenant’s Initial Work. All Orders must include BuyerTenant and Tenant’s or forwarder’s address and are assumed consultant shall have the right to authorize immediate release upon ready-to-ship status unless otherwise specified participate with Landlord in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingsuch preparation in a cooperative, shipping“teamwork” approach, and credit informationLandlord will cooperate with such participation. Tender Landlord acknowledges that Tenant has a goal of delivery is deemed to occur at maximizing available rebates from the earliest electrical utility based upon design of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Sellerthe Tenant’s location, (C) delivery to Buyer’s representative or designeelighting plans. Tenant shall review and approve, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of deliveryrequest modifications to, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer the plans for the Goods, as well as for storage. Storage fees will be at SellerTenant’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments Initial Work within three (3) calendar business days after delivery to Tenant. Landlord has requested additional detail for Tenant’s Racking Plans concerning height of racking, floor attachment details and estimated point loads, and Tenant or its consultant will provide that information. As Tenant’s Racking Plans are further completed Tenant will deliver such plans to Landlord for approval (not to be unreasonably withheld, conditioned or delayed). Upon completion of plans, specifications and working drawings as required for construction of Tenant’s Initial Work, Landlord will apply for permits and approvals as required for construction of the Tenant’s Initial Work. Upon receipt of required permits and approvals Landlord will cause the Tenant’s Initial Work to be completed in accordance with Article III above. Landlord shall diligently proceed with the construction of the Tenant’s Initial Work and shall complete the Tenant’s Initial Work by January 1, 2005. Completion of the Tenant’s Initial Work shall mean and require that the Tenant’s Initial Work is complete in all material respects and Tenant is able to lawfully use the Building Premises for the commencement of installation of Tenant’s racking system, subject to Tenant obtaining any required permits for such installation. If for any reason (but subject to the provisions below concerning Tenant Delay (as defined below)) Landlord is unable to complete the Tenant’s Initial Work by January 1, 2005, such failure shall not affect the validity of the Lease; provided, however, that under such circumstances, the Commencement Date and the Tenant’s obligation to pay Rent shall be delayed for a period equal to such delay and the Term shall be extended one (1) day for each day of deferral of the Commencement Date. (b) Tenant has delivered the Tenant’s space plan parameters for the Building Premises to Landlord, from which the Architect for the Tenant’s Work is developing the space plan for the Building Premises. Upon delivery of the space plan to Landlord and Tenant, Landlord and Tenant shall review the space plan and upon approval by Landlord and Tenant (not to be unreasonably withheld, conditioned or delayed) Landlord shall have prepared plans, specifications and working drawings for the Base Building Work and the Tenant’s Finish Work. If Landlord or Tenant requests revisions of the space plan it will notify the other party thereof within three (3) business days of receipt and specify the requested revisions. Tenant and Tenant’s consultant shall have the right to participate with Landlord in the preparation of the initial shipmentplans, specifications and working drawings for the Base Building Work and the Tenant Finish Work in a cooperative, “teamwork” approach, and Landlord will cooperate with such participation. Buyer may Landlord will deliver the completed plans, specifications and working drawings to Tenant for review (not make any deduction from any payment due because of loss to be unreasonably withheld, conditioned or damage to Goods in transitdelayed). If ▇▇▇▇▇ makes Tenant requests revisions of the plans, specifications or working drawings it will notify Landlord thereof within three (3) business days of Tenant’s receipt and specify the requested revisions. Upon completion of plans, specifications and working drawings Landlord will apply for permits and approvals as required for construction of the Base Building Work and Tenant’s Finish Work. Upon receipt of required permits and approvals Landlord will cause the Base Building Work and the Tenant’s Finish Work to be completed in accordance with the provisions of Articles II and III above. Landlord shall diligently proceed with the construction of the Base Building Work and the Tenant’s Finish Work and use reasonable efforts to complete same (with a written requestcertificate of occupancy, Sellerwhich may be temporary or conditional) thereof to Tenant not later than April 1, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor 2005. If for any loss or damage in transitreason (but subject to the provisions below concerning Tenant Delay), so long as Seller receives Landlord is unable to complete the claim Base Building Work and the Tenant’s Finish Work on such schedule, such failure shall not affect the validity of this Lease; provided, however, that under such circumstances, the Tenant’s obligation to pay Rent shall be abated for a period equal to such delay and the Term shall be extended one (1) day for each day of such rent abatement. Notwithstanding the foregoing, if such completion has not occurred within five ninety (590) calendar days following the scheduled completion date (which scheduled completion date will be extended for Tenant Delays and Events of delivery Force Majeure), then Tenant shall have the right to terminate this Lease upon written notice to Landlord delivered at any time prior to Landlord’s completion of the GoodsBase Building Work and the Tenant’s Finish Work. All claims will For purposes hereof, completion of the Base Building Work and the Tenant’s Finish Work shall not be waived unless accompanied deemed to have occurred until all the following conditions shall have been satisfied: (i) The Base Building Work and the Tenant’s Finish Work shall have been completed, other than insubstantial details of construction, mechanical adjustment or decoration (“Tenant’s Punch List Items”), the non-completion of which does not interfere with Tenant’s use of the Premises for the Intended Use or prosecution of the Tenant’s Additional Work; (ii) The entire Premises shall be available for, and tendered to, Tenant for its exclusive use and possession, subject to completion of Tenant’s Punch List Items, broom clean and free of all construction debris materials and all personal property; (iii) Landlord shall have delivered to Tenant (x) a temporary certificate of occupancy which permits the use and occupancy of the Premises for its Intended Use (it being agreed that Landlord shall furnish Tenant with a permanent certificate of occupancy as soon as practicable, and at no time during the term shall Landlord permit the aforesaid temporary certificate of occupancy to expire before it is replaced with a permanent certificate of occupancy) and (y) all other certificates, permits and approvals as may be necessary for Tenant lawfully to occupy and operate the Premises in accordance with the Lease; provided, however, that compliance with this subclause (iii) shall not be required to the extent that noncompliance is caused by any incomplete portions of Tenant’s Additional Work, or other matters relating to the conduct of Tenant’s operations rather than the construction by Landlord provided for herein; and (iv) Landlord shall obtain for and deliver to Tenant a title search (the “Title Search”) of the Land and Building, prepared by a delivery receipttitle company licensed to issue title insurance in California, signed by freight vendorshowing that, as of the Title Date (as hereinafter defined), (A) Landlord is the sole fee owner of the Land and Building, (B) there are no mortgages upon the Land or the Building or any part of either, other than those mortgages for which Tenant has received or will receive an Attornment and non-disturbance agreement as required Article 13 of the Lease, (C) there are no ground or underlying leases covering the Land or the Building or any part of either, and (D) there are no liens, encumbrances, security interests, charges, reservations, easements, rights of way, restrictive covenants, conditions, limitations, or any other burden covering or affecting the Land or the Building or any part of either, other than the Permitted Encumbrances. The “Title Date” shall be any date occurring not more than thirty (30) days prior to substantial completion of the Base Building Work and the Tenant’s agent at time Finish Work. In the event that, prior to the satisfaction of deliveryany of the foregoing conditions, on which receipt Landlord and Tenant agree that completion of the loss or damage Base Building Work and the Tenant’s Finish Work has been notedoccurred, then Landlord shall still be obligated to satisfy such conditions in a timely manner subsequent to completion of the Base Building Work and the Tenant’s Finish Work.

Delivery. Delivery terms Any statements relating to the date of delivery or availability for pickup of the Products (per Incoterms® 2020as defined below) are stated on each Order. All Orders must include Buyerrepresent SELLER’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will best estimate, but is not begin until receipt by Seller of complete manufacturing, shippingguaranteed, and credit informationSELLER shall not be liable for any losses, costs, expenses or damages of any nature due to late delivery. Tender The Products shall be made available for pickup or delivered to the delivery point or points in accordance with the delivery terms stated in SELLER’s proposal or as otherwise agreed. If such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASER’s acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER’s expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this agreement. If shipment is deemed postponed at request of PURCHASER, or due to occur at delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. In addition to the foregoing, SELLER reserves the right to charge a fee of one percent (1%) of the full purchase price for each week, or part thereof, in delay by PURCHASER to pick up the Products after notice of availability for pickup or notice of delivery has been given, as applicable. At the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than SellerPurchaser’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because Products or SELLER fulfilling its delivery obligation, PURCHASER shall promptly examine the Products and the Products shall be reputed to be accepted by PURCHASER, unless written notice of loss defect or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim nonconformity is received by SELLER within five thirty (530) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedthereof.

Delivery. Delivery terms (per Incoterms® 2020) are A. Buyers Purchase Orders shall state the delivery dates for Products. TIME AND RATE OF DELIVERY ARE OF THE ESSENCE OF ALL PURCHASES MADE UNDER THIS AGREEMENT. The minimum agreed period between Buyer issuance of a Purchase Order and the scheduled delivery date shall be as stated on each Order. in Exhibit B. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-deliveries shall be F.O.B. ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaidpoint. 1. If Seller holds Goods at Buyer’s instruction fails or because ▇▇▇▇▇ has failed is about to supply shipping instructions or because fail to meet a delivery date stated in a Purchase Order, and such failure is the sole fault of Seller, then Seller shall promptly notify Buyer, and Buyer reserves the right to (a) direct Seller, at Seller's expense, for the extra cost thereof, to use any expedited transportation methods available to deliver the Products as quickly as possible. 2. For each Purchase Order, Seller shall deliver on the delivery date stated in the Purchase Order the full number of Products ordered in each Purchase Order by Buyer. If Seller is unable to deliver the full number of Products ordered, and such failure is the sole fault of Seller, Seller shall notify Buyer promptly, and Buyer may, at its sole discretionoption, determines that any part (i) consent to such partial delivery or (ii) reschedule all or a portion of Goods should be held the order without charge. B. Buyer will only pay for Buyer’s account, Seller may invoice quantities of Product ordered by Buyer for the Goods, except as well as for storageotherwise agreed. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship purchase any quantity of over shipped Products. Any portion of the Goods over shipment not purchased will be returned to Seller at Seller's risk, freight collect. Seller will credit Buyer at with the address specified in amount of outbound freight attributable to such returned over shipments. C. Buyer shall have the applicable Order right to cancel all or part of Purchase Orders and invoice cancel or reschedule purchase and delivery of any Products purchased pursuant to the canceled Purchase Order. Exhibit E provides the required notice periods and the percentage of Products that the Buyer can cancel or reschedule for each notice period. D. Buyer shall use its best efforts to forecast its intended purchases for a twelve (12) month period on a monthly basis. Such forecast is for Seller's convenience only, and shall not create any liability for Buyer or obligation to purchase Products. E. Buyer will measure Seller's performance against commitments, for the Goodspurpose of establishing Seller's rate of timely delivery and lead-time improvement against Buyer's requirements. ▇▇▇▇▇ agrees to make payment Timely delivery shall mean delivery of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within scheduled quantities no more than three (3) calendar days early or three (3) days late. Seller shall deliver the exact quantity of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transitProducts scheduled. If ▇▇▇▇▇ makes Seller delivers less than the scheduled 7 8 requirement, Seller shall correct the shortage within a written requesttwo (2) day period. F. Seller shall package, Sellerstore, and handle Products manufactured for, and for delivery to, Buyer in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against accordance with the freight vendor requirements and procedures set forth in Exhibit F. Seller shall be responsible for any loss or damage to Products due to Sellers failure to properly package, store, or handle the Products in transitaccordance with the terms of Exhibit F or otherwise good commercial practice. Seller shall bear the risk of loss during transportation with respect to any Products rejected by Buyer, so long as acting in good faith, upon delivery by Buyer to the carrier. G. Title and risk of loss shall pass to Buyer upon Seller's delivery to the common or contract carrier at Seller's facility. H. Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receiptshall provide all information under its control which is necessary or useful for Buyer to obtain any export or import licenses required for Buyer to ship or receive Products, signed by freight vendor’s agent at time including, but not limited to, U.S. customs certificates of delivery, on which receipt the loss or damage has been notedaffidavits of origin, and U.S. Federal Communications Commissions identifier, if applicable. Each Party shall comply with all applicable export control laws and regulations.

Delivery. Delivery terms are EXW (Ex-Works) (per Incoterms® 2020) are stated on each Orderunless otherwise specified by Seller in writing. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. 5.1. Deliveries shall be made to the Delivery terms Address(es) listed in the Special Terms and Conditions or any other addresses as Customer may specify from time to time. Avfuel or its authorized shipping agent (per Incoterms® 2020“Shipping Agent”) are stated on each Ordershall be provided access to Customer’s storage facilities during normal business hours, or at such other times as may be approved by Customer’s authorized representative, for the purpose of unloading the Products. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless Unless otherwise specified agreed in writing, the minimum delivery of Jet A or Avgas fuel will be a full standard transport tanker load as determined by the maximum allowable Gross Vehicle Weight between the supply point and the delivery address. All shipping dates are approximate; production will not begin until receipt Avfuel reserves the right to impose a surcharge for deliveries of less than a full tanker load. 5.2. Delivery shall be into tanks designated by Seller Customer. Such designation shall be construed as a warranty that the designated tanks and containment areas have been inspected and approved by the appropriate regulatory agencies. Customer shall be responsible for all unloading operations including the placement of complete manufacturing, shippinghoses into the proper storage tanks. Customer shall specifically designate and gauge the available capacity of the tanks into which the Product shall be unloaded, and credit information. Tender shall bear all responsibility of delivery is deemed to occur at spillage or contamination of the earliest Product after it leaves the end of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list any properly operating hose provided by SellerAvfuel or its Shipping Agent. Title Access to Goods will pass Customer’s tanks shall be furnished in such a manner that Avfuel or its Shipping Agent can safely and conveniently reach Customer’s storage facility with the hoses available, and Avfuel or its Shipping Agent may refuse to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to complete any interest of Seller reserved to secure Buyer’s payment delivery which Avfuel or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Sellerthe Shipping Agent determines, in its sole discretion, determines that any part of Goods should cannot be held made safely. 5.3. Customer shall be responsible for Buyer’s account, Seller may invoice Buyer all demurrage charges assessed by the Shipping Agent for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer additional time spent at the address specified Delivery Address(es) or any Alternative Location. 5.4. Any claim by Customer of any discrepancy in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt quantity of the initial shipmentProduct delivered shall be effective only if Avfuel is immediately notified, while Shipping Agent is still present. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written requestGIVEN THE NATURE OF THE PRODUCTS, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedTIME IS OF THE ESSENCE WITH RESPECT TO SUCH CLAIMS AND NO CLAIM SHALL BE PERMITTED OR EFFECTIVE UNLESS DELIVERED WITHIN THE SPECIFIED PERIOD.

Delivery. Time is of the essence for delivery, performance and all other obligations arising herein. If Supplier does not meet the scheduled Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shippingDates, and credit information. Tender of delivery is deemed Supplier fails to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods demonstrate to Buyer at location other than Seller’s locationthat it has taken best efforts to comply with meeting the Delivery Dates, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to then Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its optionoption cancel this PO, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment or any part of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report PO without incurring any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transitliability. If ▇▇▇▇▇ makes a requests expedited shipment of any late deliveries, Supplier will be responsible for shipping costs. Supplier will not ship ahead of the scheduled Delivery Date unless authorized by ▇▇▇▇▇ in writing. Buyer may reject, at its option, all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the applicable due date after the scheduled Delivery Date. Supplier, when it has reason to believe that deliveries will not be made as scheduled, will provide immediate written request, Sellernotice to Buyer setting forth the cause of such anticipated delay. Supplier shall be, in addition to any other remedy available to Buyer, liable for Buyer’s documented additional expenses and costs due to its sole discretionfailure to deliver in the event that it fails to provide such notice. Notwithstanding the above, neither Buyer or Supplier will be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and without their fault or negligence and which were not reasonably foreseeable. In the event that any such condition exists as to Supplier, Buyer may agree as at its option, cancel this PO in whole or in part. All internationally shipped Deliverables will be shipped under "DDP Suppliers facility (Incoterms 2010)". Deliverables shipped under domestic transport will be shipped “FCA Supplier’s facility” (Incoterms 2010), and Supplier must utilize the carriers or freight forwarder provided in Buyer’s shipping guidelines for the transit from Supplier’s facility to the Buyer’s receiving dock. If Supplier uses any other transportation agent, Supplier will reimburse Buyer for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a service transportation agent acceptable to Buyer. Title shall be transferred to Buyer to process following acceptance of the Deliverables by ▇▇▇▇▇’s claim against , but no sooner than the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of physical delivery of the GoodsDeliverables to the final destination designated on Buyer's PO. All claims Before and at the time Deliverables are shipped, Supplier will be waived unless accompanied by a delivery receiptgive Buyer sufficient warning in writing (including appropriate labels on all Deliverables, signed by freight vendor’s agent at time containers, and packing, including without limitation disposal and recycling instructions, material safety data sheets and certificates of deliveryanalysis) of any hazardous or restricted material that is an ingredient or part of the Deliverables, on which receipt together with any special handling instructions that are needed to advise carriers, Buyer, and their employees how to take appropriate measures while handling, transporting, processing, using or disposing of the loss or damage has been notedDeliverables, containers, and packing. Supplier agrees to comply with all Laws pertaining to Deliverable content and warning labels, including without limitation the U.S. Toxic Substances Control Act and European Union Directive 2000/53/EC.

Delivery. Delivery terms At the Closing, the Company shall execute and deliver to the Purchasers this Agreement, the Amendment No. 2 to Amended and Restated Investors' Rights Agreement in the form attached hereto as Exhibit A (per Incoterms® 2020the “Rights Agreement Amendment”) are stated on and the other documents referenced in Article 6. At the Closing, each Order. All Orders must include Buyer’s Purchaser (a) shall pay the Company the applicable Total Purchase Price in immediately available funds or forwarder’s address and are assumed by cancellation or conversion of indebtedness of the Company to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipperPurchaser, (Bb) allocation if applicable, shall initiate irrevocable payment instructions to its paying bank to make the payment (an “Irrevocable Payment Instruction”) to the Company of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designeethe applicable Total Purchase Price in immediately available funds, or (Dc) mailing of an invoice if applicable, shall provide to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified Company a side letter in the form attached hereto as Schedule 2.2 (a “Payment Commitment Letter”) which shall provide that such applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees Purchaser irrevocably commits to make payment of to the Company with respect to the Shares being purchased by such invoice when due under this AgreementPurchaser hereunder as soon as reasonably practicable but in any event no later than January 14, 2013. Buyer will accept and pay for partial deliveries at At the Agreement prices and terms. If Buyer declares or indicates an intention to not accept deliveryClosing, Seller mayor, at its optionif applicable, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of upon receipt of the initial shipment. Buyer may not make any deduction applicable Total Purchase Price from any payment due because a Purchaser who makes an Irrevocable Payment Instruction or provides a Payment Commitment Letter at the Closing, the Company shall deliver to each Purchaser a single stock certificate representing the number of loss Shares purchased by such Purchaser, or damage deliver irrevocable instructions to Goods in transit. If ▇▇▇▇▇ makes the Company's transfer agent to deliver such certificate to a written request, Seller, in its sole discretion, may agree as Purchaser who has delivered an Irrevocable Payment Instruction or a service to Buyer to process ▇▇▇▇▇’s claim against Payment Commitment Letter upon the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery Company's receipt of the GoodsTotal Purchase Price from such Purchaser, as set forth next to such Purchaser's name on Schedule I hereto, such stock certificate to be registered in the name of such Purchaser, or in such nominee's or nominees' name(s) as designated by such Purchaser in writing in the form of the Purchaser Suitability Questionnaire of the Purchaser attached hereto as (i) for Purchasers who are natural Persons, Exhibit B, or (ii) for Purchasers who are entities, Exhibit C (each, as applicable, the “Purchaser Suitability Questionnaire”), against payment of the purchase price therefor by wire transfer of immediately available funds to such account or accounts as the Company shall designate in writing to Purchaser at least two days prior to the Closing Date or by cancellation or conversion of indebtedness of the Company to such applicable Purchaser. All claims will Each Purchaser purchasing Shares through conversion or cancellation of indebtedness agrees that each convertible promissory note held by such Purchaser is cancelled as of the Closing and all principal and interest outstanding thereunder shall be waived unless accompanied by converted as reflected on Schedule I as of the Closing Date; provided that to the extent only a delivery receiptportion of the principal and interest outstanding thereunder shall be converted as reflected on Schedule I as of the Closing Date, signed by freight vendor’s agent at time of delivery, on which receipt then the loss or damage has been notedCompany shall issue a new convertible promissory note to such Purchaser reflecting the remaining principal and interest outstanding under such original convertible promissory note after giving effect to the conversion contemplated hereby.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each Order. All Orders must include Buyer’s or forwarder’s address Upon completion of the construction of the Platform and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified the tests and trials as provided in writing. All shipping dates are approximate; production will not begin until receipt by the Specifications, Seller shall tender delivery of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice Platform to Buyer. ▇Prior to tendering delivery, Seller shall have remedied at Seller's sole cost and expense any defects discovered by Buyer or Seller in Seller's workmanship or materials including installation of Buyer Furnished Equipment or any other nonconformity of the Platform with the requirements of the Specifications and performed any retests necessary to ensure that such items have been fully corrected. Buyer shall accept such tender of delivery, and Buyer shall not have the right to refuse to accept delivery of the Platform provided the same is substantially completed and capable of being utilized by Buyer. Any remaining items shall be completed by Seller following delivery and prior to departure of the Platform from Seller's Yard, or Buyer and Seller may mutually agree on an appropriate reduction of the Contract Price for such remaining items. (b) On the Delivery Date, Buyer shall pay to Seller all amounts payable under this Agreement and Seller and Buyer shall execute and deliver a Protocol of Acceptance and Delivery acknowledging delivery of the Platform. Seller shall further deliver to Buyer a ▇▇▇▇ agrees of Sale confirming the conveyance of title to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title the Platform to Goods will pass to Buyer on tender of deliverythe Buyer, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇which ▇▇▇▇ has failed of Sale shall (i) generally describe the Platform as a mobile, self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to supply shipping instructions matters arising by, through, or because Sellerunder Buyer) in favor of the Buyer, and (iii) be deemed to contain the additional warranties and covenants set forth in its sole discretion, determines that Section 11 hereinbelow without the necessity of making any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated reference to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified such warranties in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees of Sale. Seller shall also deliver to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries the remaining delivery documents set forth in the Specifications. (c) Seller shall deliver the Platform along side Seller's dock at the Agreement prices and termsYard. If Buyer declares or indicates an intention to not accept Following delivery, Buyer shall have the right to dock the Platform at Seller's Yard for a period not to exceed fourteen (14) days, after which time the Platform must depart from Seller's Yard. During such post-delivery docking period, Buyer shall pay to Seller mayits standard charges for shore power, at its option, give written notice to Buyer that Seller is ready and willing to deliverpotable water, and security guard service. All such notice will constitute a valid tender of delivery. charges must be paid by Buyer must report any shortages in shipments within three (3) calendar days of receipt to Seller prior to departure of the initial shipment. Buyer may not make any deduction Platform from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted's Yard.

Delivery. Delivery terms (per Incoterms® 2020) 1. Deadlines applicable to Seller are stated on each Ordernot fatal, unless the parties have expressly agreed otherwise in writing in the Agreement. All Orders must include Buyer’s or forwarder’s address An agreed term applicable to Seller will not commence until after the Agreement has been concluded and are assumed Seller is in possession of all information necessary for the performance of the Agreement. An agreed delivery period applicable to authorize immediate release upon ready-to-ship status unless Seller will be extended at least by the number of days that have lapsed between the time the Agreement is concluded and the time at which all information necessary for the performance of the Agreement has come into possession of Seller. 2. Unless otherwise specified agreed in writing, the delivery of goods shall take place at a (Dutch) business location of Seller. 3. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingUnless agreed otherwise in writing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods risk for the goods shall pass to Buyer at the time of delivery. 4. Seller may deliver the goods in partial batches (partial deliveries). 5. Buyer is obliged to take the delivery of the goods. 6. In the event of delivery at the business location other than of Seller’s location, the obligation to take delivery commences at the moment that Seller notifies Buyer that the goods are ready to take delivery, after which Buyer must collect the goods within a period of seven (C7) days at the latest. 7. In the event of delivery by means of delivery to the address of Buyer’s representative , the goods must be taken at the time that Seller offers the goods to Buyer on location. If a delivery address has not been explicitly agreed upon in writing, Seller may deliver the goods to the address of the Buyer that is known to Seller or designeeas appears from the trade register. 8. If Buyer does not take delivery of the goods or does not take delivery on time, Buyer shall be in default without further notice of default being required. In that case, Seller shall be entitled a) to store the goods at the expense and risk of Buyer at 5% of the invoice value of the delivery per week with a maximum of € 250,00 per day or (Db) mailing after having offered a final term for taking delivery of an invoice the goods within 5 working days, to Buyersell the goods to a third party at a price Seller deems reasonable under the circumstances. If Seller sells the goods to a third party, Seller may decide to reduce the amount payable by ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt net proceeds of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage sale to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedthat third party.

Delivery. Delivery terms are stated in each Order (per Incoterms® 2020) are stated on each Order). All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery (a) Prior to the First Effective Time, Continental Stock Transfer & Trust Company (or such other Person to be selected by the Company and be reasonably acceptable to SPAC) shall be appointed and authorized to act as exchange agent in connection with the transactions contemplated by Section 3.01 (the “Exchange Agent”) and the Company shall enter into an exchange agent agreement reasonably acceptable to the Company and SPAC with the Exchange Agent (the “Exchange Agent Agreement”) for the purpose of exchanging, upon the terms and subject to the conditions set forth in this Agreement, each SPAC Class A Share (per Incoterms® 2020other than any Excluded Shares, Redeeming SPAC Shares and Dissenting SPAC Shares) are stated on for the Merger Consideration issuable in respect of such SPAC Class A Shares. At least two Business Days prior to the Closing, the Company and SPAC shall direct the Exchange Agent to, at the First Effective Time, exchange each Order. such SPAC Class A Share for the Merger Consideration pursuant to the Exchange Agent Agreement and perform the Exchange Agent’s other obligations thereunder. (b) All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release Company Ordinary Shares issued upon ready-to-ship status unless otherwise specified the exchange of SPAC Class A Shares in writing. All shipping dates are approximate; production will not begin until receipt by Seller accordance with the terms of complete manufacturing, shipping, and credit information. Tender of delivery is this Article III shall be deemed to occur at have been exchanged and paid in full satisfaction of all rights pertaining to the earliest securities represented by such SPAC Class A Shares and there shall be no further registration of transfers on the register of members of SPAC of the SPAC Class A Shares from and after the First Effective Time. From and after the First Effective Time, holders of SPAC Class A Shares shall cease to have any rights as shareholders of SPAC, except (Ai) acceptance in the case of shipment by designated shipperholders of SPAC Class A Shares that are issued and outstanding as of immediately prior to the First Effective Time (other than any Excluded Shares, Redeeming SPAC Shares and Dissenting SPAC Shares), the right to receive the Merger Consideration in exchange therefor, as provided in this Agreement and the First Plan of Merger, (Bii) allocation in the case of Goods any holders of Redeeming SPAC Shares, the SPAC Shareholder Redemption Rights and (iii) in the case of holders of Dissenting SPAC Shares, the rights provided in Section 3.01(h). (c) No interest will be paid or accrued on the Merger Consideration to Buyer at location other than Seller’s locationbe issued pursuant to this Article III (or any portion thereof). Except with respect to Redeeming SPAC Shares and as otherwise provided in Section 3.01(h), from and after the First Effective Time, until surrendered or transferred, as applicable, in accordance with this Section 3.03, each SPAC Class A Share shall solely represent the right to receive the Merger Consideration to which such SPAC Class A Share is entitled to receive pursuant to this Agreement and the First Plan of Merger. (Cd) delivery Notwithstanding anything to Buyer’s representative the contrary in this Agreement, none of the Parties, the Surviving Entity or designeethe Surviving Company or the Exchange Agent shall be liable to any Person for any amount properly paid to a public official pursuant to any applicable abandoned property, escheat or similar applicable Law. Any portion of the Merger Consideration remaining unclaimed by SPAC Shareholders immediately prior to such time when the amounts would otherwise escheat to, or (D) mailing become property of, any Governmental Authority shall become, to the extent permitted by applicable Law, the property of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt the Company free and clear of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any claims or interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedPerson previously entitled thereto.

Delivery. 3.1 Delivery of the Goods by the Seller to the Purchaser shall be affected in accordance with and subject to the delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingthe Confirmation of Order, which delivery terms are as described in the latest edition of „Incoterms“ issued by the International Headquarters of the International Chamber of Commerce in Paris, France. All shipping dates are approximate; production will not begin until receipt by Seller If the Incoterms conflict with any other term and/or condition of complete manufacturing, shipping, the Confir- mation of Order the term and/or condition of the Confirmation of Order shall prevail. 3.2 Delivery shall take place on the estimated date and credit information. Tender of delivery is deemed to occur time and at the earliest place specified in the Confirmation of (A) acceptance Order, if any, or otherwise within a reasonable time after the date of shipment by designated shipper, (B) allocation the Confirmation of Order or at the date and time as otherwise agreed to between the Parties in writing. 3.3 The Seller will use its best endeavours to meet the stipulated dates and time for deli- very of the Goods. The Seller is not responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond the Seller’s control. The Seller will use reasonable endeavours to continue to perform in terms of this Agreement as soon as performance becomes possible. 3.4 Should the Seller foresee any delay in the delivery of the Goods to Buyer at location other than Seller’s locationthe Purchaser, (C) the Seller shall give the Purchaser written notice thereof as soon as is reasonably possible. 3.5 If the Goods are ready for delivery to Buyer’s representative or designeebefore the estimated time for delivery specified in the Confirmation of Order, or (D) mailing of an invoice to Buyer. the Seller shall give the Purchaser written notice re- ▇▇▇▇▇▇▇ the earliest possible date of delivery in accordance with the terms of the Confirmation of Order. 3.6 Should the Seller in its own and unfettered discretion, as it is entitled to do, deci- de to utilise one or more suppliers to deliver the Goods directly to the Purcha- ser in accordance with the terms of the Confirmation of Order or otherwise, the Purchaser hereby agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to hold the Goods will pass to Buyer on tender of deliveryfor such supplier/s until such time as the supplier/s have transferred their right, subject to Seller’s right to stop Goods title and interest in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer the Seller, at which time the Purchaser hereby agrees to hold the goods for and on behalf of the Seller, who shall have become the owner thereof. Upon full payment of the Sale Price, the Seller shall transfer such ow- nership to the Purchaser. In respect of all other rights arising out of or in con- nection with these General Conditions of Sale any such right will be applying between the Purchaser and the supplier/s and be applicable accordingly. Any notice given by the supplier/s as regards the execution of the cession and trans- fer to the Seller shall be deemed to have been a notice by the Seller to the Purchaser. 3.7 Without prejudice to any other remedies that the Seller may have at law or in terms of the Confirmation of Order, the Seller may put the Goods into storage at the address specified in the applicable Order Pur- chaser’s cost, if and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery Purchaser is unable and/or unwilling, to re- ceive the Goods in accordance with the terms and conditions of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedConfirmation Of Order.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order; provided that delivery terms for iHydrant Goods are FCA Seller’s dock (Incoterms® 2020) unless otherwise stated on the Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per will be accomplished FCA SELLER’s determined shipping point; or on SELLER’s discretion it will ship DDP or DAP foreign port unless otherwise expressly agreed between the parties using Incoterms® 2020) are stated on each Order. All Orders must include BuyerAt SELLER’s discretion other terms under Incoterms® 2020 may be used as required. In the event of any reference to “prepay and add” the applicable Incoterms® 2020 will be DDP or forwarderDAP at SELLER’s address and are assumed discretion, while any reference to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production “collect” will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is be deemed to occur at be FCA under the earliest Incoterms® 2020 regardless of (A) acceptance of shipment by designated shipper, (B) allocation of Goods reference to Buyer at location other than Seller’s location, (C) delivery reference to Buyer’s representative shipping point. In the event DDP or designee, or (D) mailing of an invoice DAP is used for a transaction SELLER reserves the right to Buyerselect the carrier and shipping mode. ▇▇▇▇▇ agrees to provide Seller with defined pay SELLER for any sales tax, brokerage fees, or other costs incurred as a result of the shipping instructions within seven (7) business days following receipt mode chosen by SELLER. For all intents and purposes the FOB/FOD Legal title and risk of packing list provided by Seller. Title to Goods will loss or damage pass to Buyer BUYER upon transfer to the first carrier, regardless of final destination and mode of transit. SELLER will use commercially reasonable efforts to deliver the Products ordered herein within SELLER’s normal lead-time necessary for SELLER to deliver the Products sold hereunder. Upon prior agreement with BUYER and for an additional charge paid by BUYER, SELLER will deliver the Products on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of an expedited basis. Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Sellermay, in its sole discretion, determines that any part without liability or penalty, deliver partial shipments of Goods should be held for Buyer’s accountProducts to Buyer and ship the Products as they become available, Seller may invoice Buyer for in advance of the Goodsquoted delivery date. If the Products are delivered in installments, then insofar as well as for storage. Storage fees each shipment is subject to the same Agreement, the Agreement will be at Seller’s standard ratestreated as a single contract and not severable. Goods invoiced and held at any location for whatever reason Products will be boxed or crated as determined appropriate by SELLER for protection against normal handling and there will be an extra charge to the BUYER for additional packaging required by the BUYER with respect to waterproofing or other added protection. BUYER has sole responsibility for off-loading, storage and handling of the Products at Buyer’s risk the site. Where BUYER is responsible for any delay in the delivery date or installation date, the earlier of the date of delivery or the date on which the Products are ready for shipment by SELLER may be treated as the delivery date for purposes of determining the time of payment of the purchase price. Moreover, BUYER will be responsible for storage and Seller may charge for (but is not obligated insurance expenses with respect to carry) insurancesuch Products. If Buyer fails Should BUYER fail to provide shipping instructionseffect pick-up of Product as previously agreed in a timely manner, Seller SELLER may, at its optiondiscretion, ship assess storage charges and a surcharge to the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goodsaccount of BUYER. +▇ ▇▇▇ ▇▇▇ ▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process .▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇

Delivery. Delivery It is a condition of entry onto a Bunge Facility that the Deliverer agrees to these terms (per Incoterms® 2020) are stated on each Orderand conditions, even where receival of a particular parcel of Grain does not occur. All Orders must include BuyerReceival is offered at Bunge’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingdiscretion. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is Receival shall be deemed to occur when the Deliverer’s nominated vehicle has been weighed, the quantity/quality of Grain delivered is ascertained by Bunge and recorded on a weighbridge ticket. The Deliverer agrees that, upon receival, the nomination by the Deliverer or its agent of the acquirer of the Grain is an irrevocable direction to transfer title in the relevant parcel of Grain to the relevant acquirer at the earliest relevant Bunge Facility. The Deliverer and its agents will not make or attempt to make a Delivery that contains a contaminant likely to adversely affect the quality of (A) acceptance Grain held at the relevant Bunge Facility. The Deliverer and its agents will comply with the work, health and safety rules and directions of shipment by designated shipper, (B) allocation of Goods the relevant Bunge Facility. The Warehouser agrees to Buyer at location other than Seller’s location, (C) register with NGR and must quote or provide its NGR number to Bunge when making any delivery to Buyer’s representative a Bunge Facility. Without a valid NGR number, Bunge will not accept a Grower delivery. The Warehouser warrants that: (a) it owns any Grain tendered for delivery by or designee, on behalf of it; (b) it has not manipulated or (D) mailing loaded any delivery in any way to prevent the making of an invoice accurate assessment by Bunge of the quality of the Grain using Bunge's standard sampling procedures; (c) Grain being tendered for delivery by or on behalf of it will not: (i) contain any chemical contaminant or residues; (ii) be in breach of any relevant Laws; (d) all Grain tendered for delivery by or on behalf of it was grown between May and September immediately prior to Buyer. ▇▇▇▇▇ agrees the current Season; (e) any vehicle used to provide Seller deliver the Grain is clean, dry and free of any remaining materials and odours from previous loads; (f) if any of the Grain has been treated with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer substances for the Goodscontrol of insects, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced details of the substances and held at the application of those substances has been provided in writing to Bunge before the Grain is delivered to the Bunge Facility and the use of any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified other chemical in the applicable Order process of planting, growing and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment storage of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage Grain has been notedin accordance with the levels prescribed in any relevant Law and also in accordance with the usage instructions; (g) any information it provides to Bunge in relation to this Bunge Warehousing Agreement is complete, true and correct and not misleading or deceptive or likely to mislead or deceive.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrates per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms 6.1 The Seller will deliver “ex works” (per Incoterms® 2020Incoterms 2010) are stated at the production facility so chosen by Seller and referenced on each Orderprice quotation document. All Orders Every other manner of delivery must include Buyer’s or forwarder’s address and are assumed to authorize immediate release be agreed upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production Unless otherwise explicitly agreed upon in writing, the Seller will determine the manner of dispatch, transport and the like, without the Seller bearing any responsibility whatsoever with regard thereto. 6.2 Empty packaging, charged to the Buyer by the Seller, will be taken back by the Seller at the price charged, provided that the packaging concerned is received back by the Seller undamaged and in good condition, postage paid. For packaging received back at a later date than the return date agreed upon, a monthly rent is charged, amounting to 10% of the price charged, in which respect each part of a month is counted as a full month. 6.3 In mutual consultation between the Seller and the Buyer, a period will be fixed within which the Seller will deliver to the Buyer. The period referred to will not begin commence until receipt the Seller has received the quotation, order confirmation or written acceptance, as the case may be, signed for approval by Seller of complete manufacturing, shippingthe Buyer, and credit informationall other information necessary for the delivery. 6.4 The Seller will at all times have the right to deliver the Product ordered by the Buyer in partial deliveries. Tender The provisions of the preceding paragraph also apply to partial deliveries. Any partial delivery is deemed considered to occur at be an independent delivery, so that any claims concerning a partial delivery will not affect earlier or later partial deliveries. Invoicing will take place per partial delivery. 6.5 The delivery period will be extended by the earliest period in which the Seller, as a result of (A) acceptance force majeure, is unable to deliver. If the extension of shipment the original period is more than one month, then both the Seller and the Buyer will have the right to dissolve the Agreement or -in the event of partial execution of the Agreement- the part thereof that has not yet been executed, by designated shippermeans of a written statement to that effect to the other party. Dissolution pursuant to this article does not entitle either party to any compensation whatsoever. ‘Force majeure’ in this respect includes: war, (B) allocation riots and other types of Goods mobilization, fire and accidents, machine or other breakdowns in the factory, whether or not as a result of errors made by the employees of the Seller, transport impediments, flooding, frost and other weather conditions, government measures prohibiting or hindering delivery, failure by suppliers to Buyer at location other than supply or to supply in good time, failure by carriers or forwarding agents to supply in good time, failures on the part of auxiliary persons engaged by the Seller’s location, (C) delivery illness, disturbances, sit- down strikes and similar actions and all disruptions of the normal continuation of business operations of the Seller, which are a result of circumstances beyond the control of the Seller and which temporarily or permanently hinder the performance of the Agreement or make it considerably more difficult or expensive to Buyer’s representative do so. 6.6 The risk for loss of or designee, or (D) mailing of an invoice damage to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods the Products will pass to the Buyer on tender from the time of delivery in accordance with this Article 6. 6.7 The Buyer is obliged to cooperate in the delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storageto receive the Products delivered. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated In the event of failure on the part of the Buyer to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified cooperate in the applicable Order delivery and invoice receive the Products in good time, the Seller will have the right to charge the Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay additional costs incurred (including for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedinstance storage costs).

Delivery. Delivery terms (per Incoterms® 2020) 7.1 Deliveries are stated made to the address specified by the Customer on each the Order. All Orders must include Buyer’s . 7.2 Signature by the Customer or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s any representative or designeeemployee of the Customer of the Company’s Delivery Note and/or Tax Invoice, shall be regarded as acceptance by the Customer that the Goods reflected in such Delivery Note and/or Tax Invoice have been properly and completely delivered. 7.3 Periods and deadlines announced by the Customer in advance shall always be only approximate unless a fixed term or a fixed deadline is expressly assured or agreed. In so far as shipment has been agreed, delivery terms and delivery deadlines refer to the time of handover to the forwarding agent, freight carrier or other third party commissioned for the transport. 7.4 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE COMPANY DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE CUSTOMER AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE COMPANY MAY BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 7.5 The Customer shall not be entitled to cancel any order by reason of such delay. IF UPON DELIVERY OF THE GOODS, THE CUSTOMER FAILS, REFUSES OR NEGLECTS TO TAKE DELIVERY OF THE GOODS, THE CUSTOMER SHALL NEVERTHELESS BE LIABLE TO PAY THE CONTRACT PRICE AND THE RELEVANT MONTHLY STORAGE COSTS AND THE CUSTOMER SHALL FORFEIT ANY DEPOSITS PAID TO THE COMPANY. 7.6 Should the Company be prevented in performing any of its obligations as a result of Force Majeure, or (D) mailing any cause whatsoever beyond the control of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of deliverythe Company, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should the Company shall be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller mayentitled, at its option, ship to cancel the Agreement or to suspend performance of its obligations thereunder and SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSS OR DAMAGE, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM SUCH INABILITY TO PERFORM ITS OBLIGATIONS, CANCELLATION OR SUSPENSION. 7.7 If the Goods to Buyer at are not accepted by the address specified Customer in whole or in part five (5) days after the confirmed delivery deadline, or in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment case of such invoice when due under this Agreement. Buyer will accept and pay deliveries on call, including for partial deliveries at quantities, if the Agreement prices and terms. If Buyer declares or indicates an intention to Goods are not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim requested within five (5) calendar days of the confirmed availability deadline, the Company shall be entitled to optionally push the Customer’s order to the next availability date, i.e. following stipulation and expiry of a reasonable period of grace, to dispose of the object of delivery in whole or in part and to supply the Customer with a reasonable longer lead time or to store the Goods and charge a storage fee of 0.5% (zero point five percent) of the Order value for every week that that the Goods are stored by the Company, or following expiry without effect of a reasonable period of grace to cancel the Order in whole or in part, the Company may charge a cancellation fee of 5% (five percent) of the value of the cancelled Order. The right to assert and provide evidence of higher or lower storage costs is reserved by the Company. 7.8 Should the Customer postpone delivery of the GoodsOrder for a second time, where a confirmed delivery date was agreed, the Company shall be entitled to charge the Customer a processing fee of R1,500.00 (one thousand Rand) per instance. All claims will If the postponement(s) induced by the Customer leads to an overall delay of the respective delivery of more than 28 (twenty eight) days, the Company shall be waived unless accompanied entitled to exercise its options pursuant to clause 7.7 above. 7.9 Unless otherwise agreed in writing, delivery and passing of risk in the Goods shall be deemed to have taken place, whichever is earliest – 7.9.1 when the Company advises the Customer in writing that the Goods are ready for collection; or 7.9.2 upon handover of the Goods (determined by a the commencement of the loading process) to the forwarding agent or carrier or to any other third party in charge of carrying out the shipment to the Customer; or 7.9.3 upon delivery receiptof the Goods to the address specified by the Customer on the Order. 7.10 If shipment or handover is delayed due to circumstances caused by the Customer, signed by freight vendor’s agent at time the transfer of delivery, risk to the Customer shall take place on which receipt the loss or damage day the Company is ready to dispatch the Goods and has been notednotified the Customer hereof.

Delivery. Delivery terms are EXW (Ex-Works) (per Incoterms® 20202010) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified by Seller in writing. All shipping dates are approximate; production approximate and any time period indicated for a shipment will not begin until receipt by Seller at Seller’s plant of complete manufacturing, shipping, shipping and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Sellerperformance, even if irrespective of any freight is included allowance or prepaidprepayment of freight. If Seller holds Goods at per Buyer’s instruction instructions or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be Goods and Buyer agrees to make payment at Seller’s standard ratesthe maturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails , storage and other expenses incident to provide shipping instructions, Seller may, such delay at its option, ship the Goods to prevailing rates. Partial deliveries will be accepted by Buyer and paid for at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender will be necessary, but Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because hereunder by reason of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a On Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor carrier for any loss or damage in transit, so long as provided that Seller receives the such claim within five (5) calendar days of delivery of the Goods. All claims will must be waived unless accompanied by a delivery receipt, signed by freight vendorcarrier’s agent at time of delivery, on which receipt the loss or damage has been noted, or such claims will be waived.

Delivery. Delivery terms (per Incoterms® 2020) are stated Seller shall deliver Goods in accordance with the schedule in Buyer’s purchase order or Release. Time is of the essence in the performance of each purchase order and Release. Buyer may select the mode of transportation and the carrier for the Goods. Seller shall pre-pay shipping charges and add such charges as a separate line item on each Orderthe invoice, unless otherwise agreed in writing. If Buyer requests that Goods be Order or Release shall strictly conform to the terms, conditions, specifications, descriptions, drawings, and data specified in the Order or Release and shall be of good design, material, and workmanship, free from defects, merchantable and fit for their intended purpose, and shall meet applicable governmental safety standards. Seller further warrants that Buyer shall have free and clear title to the Goods and the right to sell the Goods at the time of delivery to Buyer. All Orders must include Buyer’s or forwarder’s address Goods shall be new and are assumed to authorize immediate release upon ready-to-ship status unused (unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur the Order or Release) at the earliest time of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer. Seller shall also without any additional charges assign or otherwise transfer to Buyer all warranties on Goods and services incorporated into the Goods. All warranties herein mentioned shall survive any intermediate or final inspections, delivery, acceptance or payment by Buyer, and all such warranties shall run to Buyer, its successors, assigns, customers, and users of the Goods. No warranties hereunder shall be deemed disclaimed or excluded except in writing signed by an authorized representative of Buyer. If Buyer deems the Goods defective, Seller, at Buyer’s representative election, shall promptly repair or designeereplace the defective Goods, or give Buyer a credit or refund for the price paid for the defective Goods, at any time within Seller’s standard warranty period for the Goods (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender which in no event shall be less than one year from the date of delivery). Alternatively, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Buyer may repair defective Goods at Buyer’s instruction facility and charge Seller the reasonable cost thereof. Seller shall be responsible for all shipping charges (both to and from Seller’s facility) for Goods which are repaired or because ▇▇▇▇▇ has failed to supply shipping instructions or because replaced by Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account. shipped ’collect’, Seller may invoice shall use a Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.approved transportation carrier

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address Seller agrees to 100% on-time delivery of the quantities and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment times specified by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with as stated in the Order and Releases (as defined shipping instructions within seven (7) business days following receipt in Section 4). Time and quantity of packing list provided by Sellerdelivery are of the essence. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure All deliveries shall be made DDP Buyer’s payment plant (as that term is defined in Incoterms 2020). Buyer may change the rate of scheduled shipments or performance direct temporary suspension of scheduling shipment, neither of which entitle Seller to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part modify the price of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will Buyer shall not be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insuranceaccept early deliveries, late deliveries, partial deliveries or excess deliveries. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates accepts an intention to not accept early delivery, it reserves the right to back-charge Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of for any incidental storage charges caused by the early delivery. All shipments shall be made with Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipmentdesignated or approved carriers. Buyer may not make any deduction from any payment due because Risk of loss or damage to Goods in transit shall be upon Seller and Seller shall insure the Goods in transit. If Premium shipping expenses and/or other related expense necessary to meet the delivery schedules set forth in the Order or Releases shall be Seller’s sole responsibility, and Buyer may direct Seller to make expedited routing at Seller’s expense if shipment is delayed beyond the last date on which shipment by the method contemplated herein would result in delivery before the required delivery date herein. Seller will enclose packing slips with all shipments showing Order numbers, descriptions, parts numbers and quantities. Buyer shall not be required to make payment for delivered goods in excess of specified quantities. Shipments in excess of that authorized by ▇▇▇▇▇ makes may be returned to Seller at Seller’s expense. The Goods shall be properly packed, marked (including correlatively numbered if part of a written requestsingle delivery), Sellerloaded and shipped as required by this Order and by the transporting carrier. If delivery dates are not specified in this order, Seller shall procure materials and fabricate, assemble, and ship Goods only as authorized in its sole discretion, shipment Releases issued by Buyer. Invoices in DUPLICATE showing Order and Release number shall be rendered promptly after shipment has been made. Invoices received by Buyer five days or more after shipment may agree be re-dated as a service of date received. Seller will support EDI protocol and adhere to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days AIAG Bar Code Standards. Certificate of delivery of the Goods. All claims origin will be waived unless accompanied by a reflected in the delivery receipt, signed by freight vendordocuments. Seller shall adhere to Buyer’s agent at time of shipment and other requirements as set forth in the Supplier Manuals. With each delivery, on which receipt Seller shall be deemed to have made the loss or damage has been notedrepresentations, warranties and covenants with respect to its financial operating condition provided herein.

Delivery. Time is of the essence for delivery, performance and all other obligations arising herein. If Supplier does not meet the scheduled Delivery terms (per Incoterms® 2020) are stated on each OrderDates, and Supplier fails to demonstrate to Buyer that it has taken best efforts to comply with meeting the Delivery Dates, then Buyer may, at its option cancel this PO, or any part of this PO without incurring any liability. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-If Buyer requests expedited shipment of any late deliveries, Supplier will be responsible for shipping costs. Supplier will not ship status ahead of the scheduled Delivery Date unless otherwise specified authorized by Buyer in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller mayreject, at its option, ship all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the Goods applicable due date after the scheduled Delivery Date. Supplier, when it has reason to believe that deliveries will not be made as scheduled, will provide immediate written notice to Buyer at setting forth the address specified cause of such anticipated delay. Supplier shall be, in addition to any other remedy available to Buyer, liable for Buyer’s documented additional expenses and costs due to its failure to deliver in the applicable Order event that it fails to provide such notice. Notwithstanding the above, neither Buyer or Supplier will be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and invoice without their fault or negligence and which were not reasonably foreseeable. In the event that any such condition exists as to Supplier, Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, may at its option, give written notice cancel this PO in whole or in part. All internationally shipped Deliverables will be shipped under "DDP Suppliers facility (Incoterms 2010)". Deliverables shipped under domestic transport will be shipped “FCA Supplier’s facility” (Incoterms 2010), and Supplier must utilize the carriers or freight forwarder provided in Buyer’s shipping guidelines for the transit from Supplier’s facility to the Buyer’s receiving dock. If Supplier uses any other transportation agent, Supplier will reimburse Buyer for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a transportation agent acceptable to Buyer. Title shall be transferred to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt following acceptance of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written requestDeliverables by Buyer, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against but no sooner than the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of physical delivery of the GoodsDeliverables to the final destination designated on Buyer's PO. All claims Before and at the time Deliverables are shipped, Supplier will be waived unless accompanied by a delivery receiptgive Buyer sufficient warning in writing (including appropriate labels on all Deliverables, signed by freight vendor’s agent at time containers, and packing, including without limitation disposal and recycling instructions, material safety data sheets and certificates of deliveryanalysis) of any hazardous or restricted material that is an ingredient or part of the Deliverables, on which receipt together with any special handling instructions that are needed to advise carriers, Buyer, and their employees how to take appropriate measures while handling, transporting, processing, using or disposing of the loss or damage has been notedDeliverables, containers, and packing. Supplier agrees to comply with all Laws pertaining to Deliverable content and warning labels, including without limitation the U.S. Toxic Substances Control Act and European Union Directive 2000/53/EC.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include a. The Buyer may take delivery from Geofabrics' warehouse or, if so specified in the Order Geofabrics will deliver the Goods to the Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingnominated delivery address. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery If no person is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of address upon delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods Geofabrics may (at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion) instruct the carrier to wait for a person to arrive, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship leave the Goods to Buyer at the address specified (which shall be deemed to constitute delivery) or return them to Geofabrics’ warehouse for future delivery. The Buyer must pay Geofabrics’ reasonable costs in taking any of these actions, including waiting charges, costs of returning the applicable Order goods to its warehouse, storage and invoice future delivery. b. The Buyer warrants that Geofabrics or its carrier is entitled to deliver and deposit the Goods at kerbside or at the nominated address and that the Buyer has obtained all permissions from any local council or other authority necessary for the GoodsBuyer to validly authorise the delivery of the Goods without breach of any laws or regulations. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. The Buyer will accept take all responsibility for delivery being effected in accordance with this clause 5 and pay for partial deliveries at will indemnify Geofabrics against any liability to the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages third party in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of connection with delivery of the Goods. c. Delivery occurs when the Buyer, its carrier or agent takes possession of the Goods at Geofabrics' warehouse, or alternatively when the Goods have been left at or near the nominated delivery address, as the case may be. The Buyer must pay Geofabrics the delivery costs specified in the Order or quotation. d. Offloading on site is the Buyer’s responsibility. The Buyer should ensure that it has facilities to unload the Goods and facilitate delivery. e. The Buyer or the Buyers’ representative accepts the Goods by signing Geofabrics’ delivery note. Where the Buyer or the Buyers’ representative is not available at the delivery address to sign and accept delivery of the Goods, then Geofabrics’ carrier’s confirmation of delivery shall be sufficient evidence of delivery and acceptance of the correct quantity of Goods delivered to the Buyer. All claims delivery dates quoted to the Buyer by Geofabrics for the supply of Goods (including but not limited to any delivery date(s) specified in the Order) are estimates given in good faith only and are not binding on Geofabrics. Geofabrics will not be waived unless accompanied by a delivery receipt, signed by liable for any Loss due to delay or non-delivery. f. The Buyer acknowledges that Geofabrics subcontracts freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedGoods to freight carriers and consents to this subcontracting.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless Unless otherwise specified in writingherein, delivery of the Products specified herein ("Products") will be F.O.B. U.S.A. port of shipment. All shipping dates are approximate; production will not begin until receipt by Buyer shall be responsible for obtaining all necessary licenses, permits and/or approvals from the appropriate authorities or governmental agencies for Buyer to purchase and receive and for Seller of complete manufacturing, shipping, and credit informationto deliver the Products. Tender of Any delivery date specified herein is deemed to occur at the earliest of (A) acceptance approximate only. Acceptance of shipment by a common carrier, designated shippershipper or licensed public truckman, (B) [allocation of Goods Products to Buyer at location premises other than Seller’s location, (C) 's,] delivery to Buyer’s 's representative or designeedesignee (if Seller's trucks and drivers effect such delivery), or (D) mailing of an invoice by Seller to Buyer, whichever of the foregoing first occurs, shall constitute tender of delivery. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on Upon tender of delivery, title shall pass to Buyer, subject to Seller’s 's right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s 's payment or performance performance. In the instance of Products held subject to Seller, even if freight is included Buyer's instructions or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Products for which Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s accountinstructions, Seller may invoice Buyer for the Goods, as well as for storageProducts and Buyer agrees to make payment at the maturity of the invoice so rendered. Storage fees will be at Seller’s standard rates. Goods Products invoiced and held at any location location, for whatever reason will reason, shall be at Buyer’s 's risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, insurance and storage at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreementprevailing rates. Buyer will accept and pay for partial deliveries at the Agreement in accordance with contract prices and terms. If Buyer declares or indicates has expressed an intention not to not accept deliverydelivery in accordance with any order, no tender of the Products shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each OrderSeller will use reasonable efforts to deliver the Goods in accordance with a mutually agreed-upon delivery schedule. All Orders must include Buyer’s Seller shall not be liable for any delays, loss or forwarder’s address and are assumed damage in transit or expedited delivery costs unless the delay is due solely to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s locationgross negligence. Further, any specified delivery dates in a sales order confirmation or otherwise are estimates only and do not represent a confirmation on the delivery date for delivery for any Good or order. Should Buyer reschedule deliveries or modify quantities during an established firm order period, Buyer shall compensate Seller for all costs associated with the change in schedule or modification, including, but not limited to overtime and expedited freight costs. (Cb) Unless otherwise agreed in writing by the parties, Seller shall make the Goods available at Seller’s location (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. the Goods upon ▇▇▇▇▇ agrees to ▇▇'s written notice that the Goods have been made available at the Delivery Point. Buyer shall be responsible for all loading costs and provide Seller with defined shipping instructions within seven (7) business days following equipment and labor reasonably suited for receipt of packing list provided by Sellerthe Goods at the Delivery Point. Title All deliveries made to Goods will pass to Buyer on tender of delivery, public carriers are made subject to Seller’s right to stop Goods in transit and to any interest the terms of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because such ▇▇▇▇▇▇▇'▇ has failed to supply shipping instructions or because Seller▇▇▇▇ of lading and tariffs, and the carrier shall be deemed the Buyer's agent irrespective of the terms of sale. Seller may, in its sole discretion, determines that any part without liability or penalty, make partial shipments of Goods should be held for to Buyer’s account. Each shipment will constitute a separate sale, Seller may invoice and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order. (c) Risk of loss for the Goods shall pass to Buyer at the Delivery Point. Ownership shall be transferred upon full payment of the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If for any reason Buyer fails to provide shipping accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, Seller maydocuments, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, ship may store the Goods to until Buyer at the address specified in the applicable Order picks them up, whereupon Buyer shall be liable for all related costs and invoice Buyer for the Goodsexpenses (including, without limitation, storage and insurance). Each of Seller's Goods or part thereof or equipment shipped hereunder shall be deemed accepted by ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give unless written notice to Buyer that specifying all claimed defects, damages, shortages, or nonconformities is received by Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the said Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrate per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) All packages shipped to our customers are stated on each Orderinsured until good delivery is made. All Orders must include Buyer’s Our preferred shipping carrier is UPS or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shippingFedEx, and credit informationall shipments are under a security level watch while in transit. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees Your acquisitions will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for delivered no later than twenty-eight (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (328) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transitgood funds (unless your State requires a different delivery period). If ▇▇▇▇▇ makes a written requestshipment is lost or damaged prior to delivery at your shipping address, SellerGSI will, in its sole discretionat GSI’s option, may agree as a service either replace the items or refund your purchase price. Please inspect the shipment thoroughly upon receipt to Buyer to process ▇▇▇▇▇’s claim against ensure you have received your order, and that the freight vendor for any loss or damage in transit, so long as Seller receives items track the claim description on your delivery invoice. Any variance from your order must be reported within five (5) calendar days of delivery receipt of the Goodsyour shipment, and you must have all original packing materials intact. All claims Any claim beyond this time period may be denied. GSI may charge a shipping and handling fee for shipments, including shipments to independent IRA custodians. The amount of this fee, if any, will be waived unless accompanied by a delivery receiptidentified at the time your order is confirmed. IMPORTANT: DO NOT ACCEPT DELIVERY OF ANY PACKAGE THAT HAS BEEN DAMAGED, signed by freight vendor’s agent at time of deliveryPHYSICALLY TAMPERED WITH, on which receipt the loss or damage has been notedOPENED AND RESEALED, OR VIOLATED IN ANY WAY! INSTEAD, REFUSE TO SIGN AND CALL US IMMEDIATELY AT ▇▇▇-▇▇▇-▇▇▇▇. BEYOND OUR STATED POLICY FOR RETURNS, GSI ACCEPTS NO RESPONSIBILITY FOR PACKAGES OR THEIR CONTENTS AFTER DELIVERY IS ACCEPTED. IN NO EVENT SHALL GSI’S LIABILITY TO CUSTOMER FOR ANY REASON WHATSOEVER EXCEED REFUND OR REPLACEMENT OF THE COIN IN QUESTION, AND GSI DISCLAIMS ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER FROM ANY TRANSACTION BETWEEN CUSTOMER AND GSI.

Delivery. 6.1 Delivery shall take place on agreed INCOTERMS (ICC INCOTERMS 2010). If no INCOTERMS terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingapply, shipping, and credit information. Tender of delivery is deemed shall be understood to occur at the earliest moment unloading has finished taking place at the location designated by Buyer. 6.2 Time of (A) delivery of the Goods and of performance of the Services is of the essence and shall commence from the date of acceptance by Seller of shipment by designated shipperthe Purchase Order or the date on which Seller is placed in possession of such information as may be necessary to enable it to start performing its obligation regarding the Goods or the Services, (B) allocation whichever may be the later. 6.3 Delivery of Goods in installments shall be permitted only with prior consent of Buyer and such permission, if given, shall not entitle Seller to Buyer at location other than Seller’s location, (C) claim payment prior to delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because all installments unless ▇▇▇▇▇ has failed agreed in writing. 6.4 If Buyer is not able to supply shipping instructions accept delivery of the Goods or because Seller, installation of the Goods upon the agreed delivery date in its sole discretion, determines that any part of Goods should be held for Buyer’s accountthe Purchase Order, Seller may invoice Buyer shall be responsible for arranging suitable storage at suitable premises of the Goods, as well as for storage. Storage fees will be at advising Buyer beforehand of the particulars of such proposed storage and Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify Buyer of such insurance cover. 6.5 If delivery is made before or after the delivery date specified in the Purchase Order due to Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller fault, ▇▇▇▇▇ may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship return the Goods to Seller at Seller's risk and expense without being obligated to make any payment. 6.6 If Seller delays in delivery of any Goods or Services, Buyer at reserves the address specified in right to purchase equivalent Goods or Services from another source and Seller shall compensate Buyer any price difference, additional cost or losses incurred by Buyer as a result. 6.7 Each delivery must be accompanied by details of the applicable exact quantity and description of the Goods and/or the Services performed. On the day on which shipment is made, all shipping documents and a separate invoice stating the relevant Purchase Order and invoice Buyer number for each shipment must be sent by first class mail or express mail to Buyer's plant or office which issued the Purchase Order, marked for the Goodsattention of the Accounts Office. When Goods are invoiced by Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is to be delivered to any place other than ▇▇▇▇▇'s premises, the original bill of lading must be furnished with the invoice(s). ▇▇▇▇▇ agrees ▇'s count shall be accepted as final on all shipments. 6.8 Delivery shall not be deemed as completed unless the agreed Goods or Services are delivered in their entirety in accordance with the Agreement. 6.9 Seller shall provide Buyer with a current MSDS and certificate of analysis (“COA”) for each Good supplied to make payment of such invoice when due Buyer under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices on an annual basis or sooner in the event such document has been modified. The MSDS, COA and terms. labels shall be written in the local language where applicable in addition to the English language. 6.10 If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing in the position of being able to deliversupply some but not all of its customers, and such notice will constitute a valid tender Buyer shall be given priority over all other customers of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted's.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified The Parties agree that the default manner in writing. All shipping dates are approximate; production which the Product will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods be provided to Buyer is by picking up the Order at location other than Seller’s locationbusiness. If ▇▇▇▇▇ does not pick-up or arrange shipping within two weeks of notification from Seller that the Order is complete, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide pay a storage fee of $50.00 per day. In the event the Parties agree that the Order will be shipped, the following terms apply. Seller with defined shipping instructions within seven shall deliver the Order to the agreed upon location (7“Delivery Point”) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to using Seller’s right to stop Goods in transit standard methods for packaging and to any interest of shipping such Order. Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Sellermay, in its sole discretion, determines that without liability or penalty, make partial shipments of Order to Buyer. If for any part reason ▇▇▇▇▇ fails to accept delivery of Goods should be held for Buyer’s account, Seller may invoice Buyer for any of the Goods, as well as for storage. Storage fees will be at Order on the date fixed pursuant to Seller’s standard rates. Goods invoiced and held notice that the Order have been delivered at any location for whatever reason will be the Delivery Point, or if Seller is unable to deliver the Order at Buyer’s risk and Seller may charge for (but is the Delivery Point on such date because Buyer has not obligated to carry) insurance. If Buyer fails to provide shipping provided appropriate instructions, Seller maydocuments, licenses, or authorizations: risk of loss to the Order shall pass to Buyer; the Order shall be deemed to have been delivered; and Seller, at its option, ship may store the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. until ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. picks them up, and Buyer will accept be liable for all related costs and pay expenses including, without limitation, storage and insurance. Seller shall not be liable for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender any non-delivery of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If Order even if caused by Seller’s negligence unless ▇▇▇▇▇ makes a gives written request, Seller, in its sole discretion, may agree as a service notice to Buyer to process ▇▇▇▇▇’s claim against Seller of the freight vendor for any loss or damage in transit, so long as Seller receives the claim non-delivery within five (5) calendar 2 days of the date when the Order would in the ordinary course of events have been received. Any liability of Seller for non-delivery of the GoodsOrder shall be limited to delivering the Order within a reasonable time or adjusting the invoice respecting such Order to reflect the actual quantity delivered. All claims will be waived unless accompanied by Title and risk of loss passes to Buyer upon delivery of the Order at the Delivery Point. In the event Buyer has not paid the entire Price of the Order, and as collateral security for the Price of the Order, Buyer hereby grants to Seller a delivery receiptlien on and security interest in and to all the right, signed by freight vendor’s agent at title, and interest of Buyer in, to, and under the Order, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of delivery, on which receipt the loss or damage has been notedforegoing. The security interest granted under this provision constitutes a purchase money security interest under Chapter 1309 of the MN Uniform Commercial Code.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt Seller shall deliver Product, freight prepaid by Seller of complete manufacturingSeller, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative facilities located in Pocatello, Idaho, conditioned after May 1, 2011, on (i) Seller’s acknowledgement and agreement to fulfill Buyer’s purchase order, and (ii) the return of sufficient ISO containers (from prior shipments to Buyer) to Seller for Seller to ship the quantity in Buyer’s corresponding purchase order. Buyer’s purchase order shall specify the calendar week for delivery, which shall not be less than forty-five (45) days after Seller receives the purchase order. Seller shall credit Buyer [***] percent ([***]%) of the purchase price for each day that a shipment is delayed, up to a maximum of [***] percent ([***]%). No purchase order or designeeother document shall contain terms that contradict, or that impose any greater or different obligations on Seller than undertaken by Seller in, this Amended Agreement. (Db) mailing Buyer acknowledges that, as of an the date of this Amended Agreement, Seller has shipped Product to Buyer, which Buyer is unwilling to accept until a later date (“Shipped Product”). As a result, Seller has been and will continue to incur storage costs for the Shipped Product. Buyer shall reimburse Seller for all such storage costs Seller incurs, not to exceed [***] dollars [***] per calendar month, on or after September 1, 2010. Seller shall invoice Buyer the amount of such storage costs at the end of September 2010 and each calendar month thereafter in which Seller incurs storage costs for Shipped Product. Upon delivery of each such invoice to Buyer, Seller shall, as payment from Buyer, deduct such invoiced payment due from the ISO Deposit. (c) Buyer represents that Buyer’s facilities and personnel are and shall continuously remain fully qualified and equipped to safely and expeditiously accept delivery of and unload Product, and promptly to return the ISO containers, and shall do so. ▇▇▇▇▇ agrees Shipment of Product shall be DDP (Incoterms 2000), and delivery of Product shall be deemed to provide Seller with defined shipping instructions within seven (7) business days following receipt have been made and transfer of packing list provided by Seller. Title to Goods will pass title and risk of loss to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure shall occur upon Product entering Buyer’s payment property or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for facility (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted“Delivery Point”).

Delivery. 6.1 Delivery takes place on agreed INCOTERMS (ICC INCOTERMS 2010). If no INCOTERMS terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingindicated, shipping, and credit information. Tender of delivery is deemed shall be understood to occur at the earliest moment unloading has finished taking place at the location designated by Buyer. 6.2 Time of (A) delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of shipment by designated shipperthe Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him or her to start work on the Goods or the Services, (B) allocation whichever may be the later. 6.3 Delivery of Goods in installments shall be permitted only with the written consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the present Agreement unless the Buyer has agreed in writing. 6.4 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller will be responsible for arranging suitable storage of the Goods at location other than suitable premises, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover. 6.5 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller’s location's risk and expense. 6.6 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents and a separate invoice stating the relevant Purchase Order number for each shipment must be sent by first class mail to the Buyer's plant or office which issued the Purchase Order on the day on which the shipment is made, (C) marked for the attention of the Accounts Office. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the Buyer’s representative or designee's premises, or (D) mailing of an invoice to Buyer. ▇the original ▇▇▇▇ agrees to of lading must be furnished with the invoice(s). The Buyer's count shall be accepted as final on all shipments. 6.7 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the present Agreement at the location designated by Buyer. 6.8 The Seller shall provide Seller with defined shipping instructions within seven Buyer a current material safety data sheet (7“MSDS”) business days following receipt of packing list provided by Seller. Title to Goods will pass for each Good supplied to Buyer under the present Agreement on tender an annual basis or sooner in the event such document has been modified. 6.9 If the Seller is in the position of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed being able to supply shipping instructions or because Sellersome but not all of its customers, in its sole discretion, determines that any part of Goods should the Buyer shall be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt given priority over all other of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted's customers.

Delivery. Delivery terms (per Incoterms® 2020) 1. Deadlines applicable to Seller are stated on each Ordernot fatal, unless the parties have expressly agreed otherwise in writing in the Agreement. All Orders must include Buyer’s or forwarder’s address An agreed term applicable to Seller will not commence until after the Agreement has been concluded and are assumed Seller is in possession of all information necessary for the performance of the Agreement. An agreed delivery period applicable to authorize immediate release upon ready-to-ship status unless Seller will be extended at least by the number of days that have lapsed between the time the Agreement is concluded and the time at which all information necessary for the performance of the Agreement has come into possession of Seller. 2. Unless otherwise specified agreed in writing, the delivery of goods shall take place at a (Dutch) business location of Seller. 3. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturingUnless agreed otherwise in writing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods risk for the goods shall pass to Buyer at the time of delivery. 4. Seller may deliver the goods in partial batches (partial deliveries). 5. Buyer is obliged to take the delivery of the goods. 6. In the event of delivery at the business location other than of Seller’s location, (C) the obligation to take delivery commences at the moment that Seller notifies Buyer that the goods are ready to Buyer’s representative or designeetake delivery, or (D) mailing after which Buyer must collect the goods within a period of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt at the latest. 7. In the event of packing list provided delivery by Seller. Title means of delivery to Goods will pass the address of Buyer, the goods must be taken at the time that Seller offers the goods to Buyer on tender location. If a delivery address has not been explicitly agreed upon in writing, Seller may deliver the goods to the address of deliverythe Buyer that is known to Seller or as appears from the trade register. 8. If Buyer does not take delivery of the goods or does not take delivery on time, subject Buyer shall be in default without further notice of default being required. In that case, Seller shall be entitled a) to Seller’s right store the goods at the expense and risk of Buyer at 5% of the invoice value of the delivery per week with a maximum of € 250,00 per day or b) after having offered a final term for taking delivery of the goods within 5 working days, to stop Goods in transit and sell the goods to any interest of a third party at a price Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaiddeems reasonable under the circumstances. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed sells the goods to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s accounta third party, Seller may invoice decide to reduce the amount payable by Buyer for with the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt net proceeds of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage sale to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedthat third party.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless Unless otherwise specified herein, delivery of the goods, and services. If any, specified herein ("Goods") shall be F.O.B. point of shipment. Any delivery date specified herein is approximate only. Seller assumes no liability for failure or delay in writing. All shipping dates are approximate; production will not begin performance until receipt 5 days after written notice of intention to cancel shall have actually been received by Seller, and Buyer shall be obligated to accept any conforming Goods shipped by Seller of complete manufacturing, shipping, and credit informationduring such period. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by a common carrier, designated shippershipper or licensed public truckman, (B) or allocation of Goods to Buyer at location premises other than Seller’s location, (C) 's delivery to Buyer’s 's representative or designeedesignee (if Seller's trucks and drivers effect such delivery), or (D) mailing of an invoice by Seller to Buyer, whichever of the foregoing first occurs, shall constitute tender of delivery. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on Upon tender of delivery, title shall pass to Buyer, subject to Seller’s 's right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s 's payment or performance performance. In the instance of Goods held subject to Seller▇▇▇▇▇'s instructions, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because for which ▇▇▇▇▇ has failed to supply shipping instructions instructions, or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s 's account, Seller may invoice the Goods and Buyer for agrees to make payment at the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesmaturity of the invoice so rendered. Goods invoiced and held at any location location, for whatever reason will reason, shall be at Buyer’s 's risk and Seller may charge for (but is not obligated to carry) insuranceinsurance and sto e at prevailing rates. If Partial deliveries shall be accepted by Buyer fails to provide shipping instructions, Seller may, and paid for at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement contract prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept deliverydelivery in accordance with any order, no tender shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Deliver the goods into the custody of the carrier or another person (e.g. a freight forwarder) named by the buyer, or chosen by the seller in accordance with A3 .a), at the named place or point (e.g. transport terminal or other receiving point) on the date or within the period for delivery and in the manner agreed or customary at such point. If no specific point has been agreed, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose. Failing precise instructions from the buyer, the seller may deliver the goods to the carrier in such a manner as the transport mode of that carrier and the quantity and/or nature of the goods may require. Delivery terms to the carrier is completed: I) In the case of rail transport when the goods constitute a wagon load (per Incoterms® 2020or a container load carried by rail) the seller has to load the wagon or container in the appropriate manner. Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its behalf. When the goods do not constitute a wagon or container load, delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway. II) In the case of road transport when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on the vehicle provided by the buyer. When the goods are stated delivered to the carrier’s premises, delivery is completed when they have been handed over to the road carrier or to another person acting on each Orderhis behalf. III) In the case of transport by inland waterway when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on the carrying vessel provided by the buyer. All Orders must include BuyerWhen the goods are delivered to the carrier’s premises, delivery is completed when they have been handed over to the inland waterway carrier or forwarder’s address and to another person acting on his behalf. IV) In the case of sea transport when the goods constitute a full container load (FCL), delivery is completed when the loaded container is taken over by the sea carrier. When the container has been carried to an operator of a transport terminal acting on behalf of the carrier, the goods shall be deemed to have been taken over when the container has entered into the premises of that terminal. When the goods are assumed less than a container load (LCL), or are not to authorize immediate release upon ready-to-ship status unless otherwise be containerised, the seller has to carry them to the transport terminal. Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf. V) In the case of air transport, delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf. VI) In the case of unnamed transport, delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf. VII) In the case of multimodal transport, delivery is completed when the goods have been handed over as specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the GoodsI)—VI), as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller the case may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedbe.

Delivery. Deliver the goods into the custody of the carrier or another person (e.g. a freight forwarder) named by the buyer, or chosen by the seller in accordance with A.3.a), at the named place or point (e.g. transport terminal or other receiving point) on the date or within the period for delivery and in the manner agreed or customary at such point. If no specific point has been agreed, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose. Failing precise instructions from the buyer, the seller may deliver the goods to the carrier in such a manner as the transport mode of that carrier and the quantity and/or nature of the goods may require. Delivery terms to the carrier is completed: I) In the case of rail transport when the goods constitute a wagon load (per Incoterms® 2020or a container load carried by rail) the seller has to load the wagon or container in the appropriate manner. Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its be-half. When the goods do not constitute a wagon or container load, delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway. II) In the case of road transport when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on the vehicle provided by the buyer. When the goods are stated delivered to the carrier’s premises, delivery is completed when they have been handed over to the road carrier or to another person acting on each Orderhis behalf. III) In the case of transport by inland waterway when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on the carrying vessel provided by the buyer. All Orders must include BuyerWhen the goods are delivered to the carrier’s premises, delivery is completed when they have been handed over to the inland waterway carrier or forwarder’s address and to another person acting on his behalf. IV) In the case of sea transport when the goods constitute a full container load (FCL), delivery is completed when the loaded container is taken over by the sea carrier. When the container has been carried to an operator of a transport terminal acting on behalf of the carrier, the goods shall be deemed to have been taken over when the container has entered into the premises of that terminal. When the goods are assumed less than a container load (LCL), or are not to authorize immediate release upon ready-to-ship status unless otherwise be containerised, the seller has to carry them to the transport terminal. Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf. V) In the case of air transport, delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf. VI) In the case of unnamed transport, delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf. VII) In the case of multimodal transport, delivery is completed when the goods have been handed over as specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (AI) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods- VI), as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller the case may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedbe.

Delivery. Delivery It is a condition of entry onto a Bunge Facility that the Deliverer agrees to these terms (per Incoterms® 2020) are stated on each Orderand conditions, even where receival of a particular parcel of Grain does not occur. All Orders must include BuyerReceival is offered at Bunge’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingdiscretion. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is Receival shall be deemed to occur when the Deliverer’s nominated vehicle has been weighed, the quantity/quality of Grain delivered is ascertained by Bunge and recorded on a weighbridge ticket. The Deliverer agrees that, upon receival, the nomination by the Deliverer or its agent of the acquirer of the Grain is an irrevocable direction to transfer title in the relevant parcel of Grain to the relevant acquirer at the earliest relevant Bunge Facility. The Deliverer and its agents will not make or attempt to make a Delivery that contains a contaminant likely to adversely affect the quality of (A) acceptance Grain held at the relevant Bunge Facility. The Deliverer and its agents will comply with the work, health and safety rules and directions of shipment by designated shipper, (B) allocation of Goods the relevant Bunge Facility. The Warehouser agrees to Buyer at location other than Seller’s location, (C) register with NGR and must quote or provide its NGR number to Bunge when making any delivery to Buyer’s representative a Bunge Facility. Without a valid NGR number, Bunge will not accept a Grower delivery. The Warehouser warrants that: (a) it owns any Grain tendered for delivery by or designee, on behalf of it; (b) it has not manipulated or (D) mailing loaded any delivery in any way to prevent the making of an invoice accurate assessment by Bunge of the quality of the Grain using Bunge's standard sampling procedures; (c) Grain being tendered for delivery by or on behalf of it will not: (i) contain any chemical contaminant or residues; (ii) be in breach of any relevant Laws; (d) all Grain tendered for delivery by or on behalf of it was grown between May and September immediately prior to Buyer. ▇▇▇▇▇ agrees the current season; (e) any vehicle used to provide Seller deliver the Grain is clean, dry and free of any remaining materials and odours from previous loads; (f) if any of the Grain has been treated with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer substances for the Goodscontrol of insects, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced details of the substances and held at the application of those substances has been provided in writing to Bunge before the Grain is delivered to the Bunge Facility and the use of any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified other chemical in the applicable Order process of planting, growing and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment storage of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage Grain has been notedin accordance with the levels prescribed in any relevant Law and also in accordance with the usage instructions; (g) any information it provides to Bunge in relation to this Bunge Warehousing Agreement is complete, true and correct and not misleading or deceptive or likely to mislead or deceive.

Delivery. Delivery terms (per Incoterms® 2020) Any delivery dates Seller quotes or which are stated on each Order. All Orders must include Buyer’s set out in Seller's order confirmation or forwarder’s address acceptance are estimates only and are assumed not intended to authorize immediate release upon ready-to-ship status unless be legally binding. Seller cannot guarantee delivery on a specific date. The Buyer will be invoiced for the quantity actually delivered. Unless otherwise specified agreed in writing, delivery may be made in installments. All shipping dates are approximate; production Delivery time may be extended if and for so long as the Buyer is delayed in the performance of any obligation to Seller. Seller will not begin until receipt in any circumstance be liable for any loss or damage whatsoever due to delay in delivery (including pursuant to installments) however occasioned unless the same was attributable to Seller's gross negligence or willful misconduct. The quantity recorded on Seller's packing slip shall be accepted by Seller of complete manufacturingboth parties as correct, shipping, and credit information. Tender of delivery is deemed unless objected to occur at the earliest of (A) acceptance of shipment in writing by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business five working days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of from delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written requestrefuses to accept delivery of products or any installment thereof, SellerSeller may, in without prejudice to its sole discretionother rights, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against arrange for the freight vendor for any storage of the products at the expense and risk of Buyer. All risk of loss or damage in transitpasses to Buyer at the time products have been placed at the disposal of Buyer at the premises of Seller, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage another place that has been notedagreed in writing. Seller shall retain title to the products delivered to Buyer until Seller has received full payment for all products described in Seller's confirmation. Until such time as title in the products passes to Buyer, if Buyer re‐sells the products or any goods manufactured out of products sold by Seller, Buyer assigns to Seller all proceeds from their sale up to the amounts owing to the Seller and Buyer shall hold such amounts separately on trust for Seller. Seller shall have the right to access any premises where the products are stored to inspect or recover the goods if Buyer is in breach of any of these terms or is declared bankrupt, requests (temporary) moratorium, is insolvent or is unable to pay its debts, or takes any steps or any other person takes such steps towards the liquidation of Buyer's business.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods The coal shall be delivered to Buyer F.O.B. barge at mile point 115.6 on the Ohio River (the "Delivery Point"). Seller may deliver the coal at a location other than Seller’s locationdifferent from the Delivery Point, (C) delivery provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s representative or designee, or (D) mailing of an invoice to 's generating stations. Any resulting savings in such transportation costs shall be retained by Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods and risk of loss of coal sold will pass to Buyer on tender of delivery, subject and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer's barging contractor from the loading dock. Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller’s right . Seller shall arrange and pay for all costs of transporting the coal from the mines to stop Goods the loading docks and loading and trimming the coal into barges to the proper draft and the proper distribution within the barges. Buyer shall arrange for transporting the coal by barge from the loading dock to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in transit and to handling the scheduling of shipments with Buyer's barging contractor, Seller shall be responsible for any interest of Seller reserved to secure demurrage or other penalties assessed by said barging contractor (or assessed by Buyer’s payment ) which accrue at the Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because other penalties assessed for barges not loaded in conformity with applicable CONTRACT #▇▇-▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇-▇▇▇ agrees to make payment of such invoice when due under this Agreementrequirements. Buyer will accept shall be responsible to deliver barges in as clean and pay for partial deliveries at dry condition as practicable. Seller shall require of the Agreement prices loading dock operator that the barges and terms. If towboats provided by Buyer declares or indicates an intention to Buyer's barging contractor be provided convenient and safe berth free of wharfage, dockage and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer's barging contractor; and that the loading dock operator carry landing owners or wharfinger's insurance with basic coverage of not accept deliveryless than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, Seller may, at its option, give written notice and provide evidence thereof to Buyer that Seller is ready and willing to deliver, and such notice will constitute in the form of a valid tender certificate of delivery. insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for 30 days advance notification of Buyer must report any shortages in shipments within three (3) calendar days the event of receipt termination of or material reduction in coverage under the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedinsurance.

Delivery. Delivery terms Each of the Selling Stockholders represents and warrants that certificates in negotiable form or in book entry form representing all of the Shares to be sold by such Selling Stockholders hereunder have been placed in custody under a Custody Agreement relating to such Shares, in the form heretofore furnished to you, duly executed and delivered by such Selling Stockholder to [ ], as custodian (per Incoterms® 2020the “Custodian”), and that such Selling Stockholder has duly executed and delivered Powers of Attorney, in the form heretofore furnished to you, appointing the person or persons indicated in Schedule 2 hereto, and each of them, as such Selling Stockholder’s Attorneys-in-fact (the “Attorneys-in-Fact” or any one of them the “Attorney-in Fact”) are stated with authority to execute and deliver this Agreement on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed behalf of such Selling Stockholder, to determine the purchase price to be paid by the Underwriters to the Selling Stockholders as provided herein, to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the GoodsShares to be sold by such Selling Stockholder hereunder and otherwise to act on behalf of such Selling Stockholder in connection with the transactions contemplated by this Agreement and the Custody Agreement. All claims will Each of the Selling Stockholders specifically agrees that the Shares represented by the certificates held in custody for such Selling Stockholder under the Custody Agreement, are subject to the interests of the Underwriters hereunder, and that the arrangements made by such Selling Stockholder for such custody, and the appointment by such Selling Stockholder of the Attorneys-in-Fact by the Power of Attorney, are to that extent irrevocable. Each of the Selling Stockholders specifically agrees that the obligations of such Selling Stockholder hereunder shall not be waived unless accompanied terminated by operation of law, whether by the death or incapacity of any individual Selling Stockholder, or, in the case of an estate or trust, by the death or incapacity of any executor or trustee or the termination of such estate or trust, or in the case of a partnership, corporation or similar organization, by the dissolution of such partnership, corporation or organization, or by the occurrence of any other event. If any individual Selling Stockholder or any such executor or trustee should die or become incapacitated, or if any such estate or trust should be terminated, or if any such partnership, corporation or similar organization should be dissolved, or if any other such event should occur, before the delivery receiptof the Shares hereunder, signed certificates representing such Shares shall be delivered by freight vendor’s agent at time or on behalf of deliverysuch Selling Stockholder in accordance with the terms and conditions of this Agreement and the Custody Agreement, on which receipt and actions taken by the loss Attorneys-in-Fact pursuant to the Powers of Attorney shall be as valid as if such death, incapacity, termination, dissolution or damage has been notedother event had not occurred, regardless of whether or not the Custodian, the Attorneys-in-Fact, or any of them, shall have received notice of such death, incapacity, termination, dissolution or other event.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each OrderCarrier will receive Cargo at the loading points listed in Section 7 hereof. All Orders must include Carrier will furnish empty barges at the Loading Points in adequate numbers and at such times as to permit loading of the Cargo in accordance with the Cargo suppliers’ reasonable operating schedules and Buyer’s supply requirements. Buyer’s contracts with its Cargo suppliers shall require them, at their own expense, to load the Cargo into the barges with due diligence and dispatch and otherwise comply with the reasonable requirements of Carrier’s barging operation. The Cargo suppliers shall have the right to refuse to load any barges they consider unseaworthy or forwarderany barges containing water or other foreign matter. In the case of limestone loading, Buyer’s address and are assumed limestone supplier shall be responsible for cleaning barges to authorize immediate release upon ready-to-ship status unless otherwise specified in writingits reasonable satisfaction. All shipping dates are approximate; production Carrier will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at deliver the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery loaded barges to Buyer’s representative unloading dock or designeeother point designated by Buyer at such times as to permit the unloading of the Cargo in accordance with Buyer’s reasonable operating schedules. (b) At Mill Creek, or (D) mailing of an invoice to Buyer. Ghent, ▇▇▇▇▇▇▇ agrees to provide Seller County limestone, and Jefferson County Riverport, Carrier shall properly and securely moor the loaded barges at the unloading dock and notify the appropriate person(s) that such mooring has been completed in accordance with defined shipping instructions within seven the provisions set forth in Appendix A, which is attached hereto. Buyer at its own expense shall have the Cargo unloaded out of the barges with due diligence and dispatch and otherwise comply with the reasonable requirements of Carrier’s barging operation. (7c) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because At ▇▇▇▇▇▇▇ has failed County and Cane Run, the Carrier shall notify the appropriate person(s) of incoming barges at least six (6) hours prior to supply shipping instructions or because Sellerthe arrival of each tow, in its sole discretionaccordance with the provisions set forth in Appendix A. Carrier shall provide the designated plant personnel with periodic updates of the expected day of all tow arrivals. Carrier’s coal tows shall be unloaded on a stand-by basis, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller mayupon arrival, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇▇▇ agrees County and Cane Run with Carrier being responsible for all placement, shifting and decking services at the plant. Buyer shall provide adequate shoreside personnel and equipment (including the shuttle barge) for the operation of the unloading system. The coal barges generally will be standby unloaded as follows: The Carrier shall provide a boat and all deck-hands and tying services and shall shuttle the coal barges to and away from the barge unloader; and shall leave with all empty coal barges. Carrier’s services shall be provided in accordance with the provisions set forth in Appendix A, which is attached hereto. After the barges are unloaded, Buyer shall notify Carrier that such unloading has occurred and Carrier shall remove the unloaded barges promptly. Buyer shall operate the unloader. When circumstances make payment standby unloading impractical in Buyer’s discretion or in the event Buyer claims that force majeure conditions prevent the unloading of a tow, then the Buyer shall have the option of: (1) reconsigning the tow to another of the Buyer’s plants, (2) having Carrier properly and securely moor the coal barges at the unloading dock and notifying the appropriate person(s) that such invoice when due mooring has been completed and Buyer hiring a harbor boat to provide fleet security for the loaded tow, or (3) requesting Carrier remain at the plant with the tow and compensating Carrier at the applicable hourly rate of $225 per hour, subject to the same adjustments set forth in subsection 7(b). (d) Except as otherwise expressly provided herein, Carrier shall supply at its own expense all labor, supervision, equipment and facilities, and shall pay all expenses and taxes whatsoever, incurred in connection with its performance under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms At the Closing, Sellers will (per Incoterms® 2020i) are stated on each Order. All Orders must include Buyer’s execute and deliver to Purchaser an executed Stock Power and Assignment Separate from Certificate, in the form attached hereto as Exhibit B, duly endorsed with signatures guaranteed by a commercial bank, thereby transferring ownership of the Shares to the Purchaser and (ii) deliver to Purchaser one or forwarder’s address more stock certificates for the number of Shares required to be sold and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur purchased at the earliest Closing. Such delivery shall be against payment of the aggregate purchase price from Purchaser set forth on Exhibit A hereto (Athe “Purchase Price”) acceptance by wire transfer in accordance with Sellers’ wiring instructions. As soon as practicable thereafter, Sellers and Purchaser shall cooperate with each other to cause the Company’s transfer agent to record the transfer on the stock books of shipment by designated shipper, the Company and to register and issue stock certificates representing the Shares in the name of the Purchaser. (Ba) allocation Each of Goods to Buyer at location other than Seller’s location, (C) delivery obligation to Buyer’s representative or designee, or (D) mailing of an invoice sell the Shares to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, Purchaser at Closing shall be subject to the following conditions, any one or more of which may be waived by such Seller: (i) the accuracy in all material respects on the date hereof and, if different, on the Closing Date of the representations and warranties made by Purchaser in this Agreement and the fulfillment of the obligations of Purchaser to be fulfilled by it under this Agreement on or prior to the Closing; (ii) the absence of any order, writ, injunction, judgment or decree that questions the validity of this Agreement or the right of such Seller or Purchaser to enter into this Agreement or to consummate the transactions contemplated hereby; and (iii) such Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer Purchase Price due it from Purchaser. (b) Purchaser’s obligation to purchase the Shares at Closing shall be subject to the following conditions, any one or more of which may not make any deduction from any payment due because of loss or damage to Goods be waived by such Purchaser: (i) the accuracy in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery all material respects of the Goods. All claims will be waived unless accompanied representations and warranties made by a delivery receiptSellers in this Agreement on the date hereof and, signed by freight vendor’s agent at time of deliveryif different, on which the Closing Date, and the fulfillment of the obligations of Sellers to be fulfilled by it or him on or prior to the Closing; (ii) the absence of any order, writ, injunction, judgment or decree that questions the validity of this Agreement or the right of Sellers or Purchaser to enter into this Agreement or to consummate the transactions contemplated hereby; and (iii) Purchaser’s receipt of the loss or damage has been notedShares.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt . All prices are F.O.B. the location of FireRock or Manufacture’s facility (as applicable), unless otherwise specified by Seller of complete manufacturing, shipping, and credit informationFireRock. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer, whichever first occurs, shall constitute “Delivery” of the Goods. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt Risk of packing list provided by Seller. Title to loss of the Goods will pass passes to Buyer on tender Delivery, and Buyer shall be deemed to have accepted the Goods unless Buyer notifies FireRock in writing within thirty (30) days of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insuranceDelivery. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods notify FireRock of any error or other discrepancy with respect to Buyer at the address specified in the applicable Order and invoice Buyer for Buyer’s order or the Goods, Buyer shall have waived the right to reject such Goods and FireRock shall have no further obligation or liability with respect to such Goods or Buyer. ▇▇▇▇▇ agrees Upon payment in full, title shall pass to make payment of such invoice when due under this AgreementBuyer. In no event shall Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention be entitled to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because hereunder by reason of loss or damage to Goods in transit. If Upon the written request of ▇▇▇▇▇ makes a written request▇, SellerFireRock, in at its sole discretiondiscretion and ▇▇▇▇▇’s expense, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor carrier for any loss or damage in transit, so long as Seller receives the provided that such claim is received by FireRock within five two (52) calendar days of delivery of the GoodsGoods to Buyer. All Any such claims will must be waived unless accompanied by a delivery receipt, signed by freight vendorcarrier’s agent at time of delivery, on which receipt the loss or damage has been noted. In the absence of directions, the Goods will be shipped by the method and via the carrier selected by either FireRock or Manufacturer (as applicable). Delivery by truck will be made to the nearest points reasonably accessible by truck as determined by the driver. Buyer will unload and store, or furnish and pay for any necessary labor to unload and store, the Goods, and neither FireRock, the carrier, the driver nor Manufacturer have any obligation to unload or store the Goods. Buyer shall note loss or damage on truck shipments upon the delivery ticket returned to FireRock or Manufacturer (as applicable), or such claims shall be waived.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Goods to be shipped will be packed in accordance with sound commercial practices and so as to obtain the lowest rate possible under freight classifications except when otherwise specified by Buyer. Time is of the essence for this Order. All Orders must include Buyer’s Deliveries are to be made both in quantities and at times specified on the face hereof, or forwarder’s address and are assumed to authorize immediate on release upon ready-to-ship status schedules furnished against this Order and, unless otherwise specified by Buyer, in a single shipment. No partial shipments shall be made without Buyer’s prior written consent. Buyer reserves the right to cancel this Order and refuse delivery of Goods and return same at Seller's risk and expense if Seller defaults in the manner and time of delivery or in the rate of shipment. All costs incurred by Buyer as a result of Seller's failure to make delivery at the time and place specified herein, shall be charged to Seller. Regardless of the ship-to location designated on any Seller documentation or Order, title and all risk of loss or other damages to and with respect to the Goods will remain with Seller until the Goods have been accepted by Buyer, or an agent or consignee designated by Buyer, at the ship- to location specified on the face of this Order. Shipping terms are F.O.B. destination (Incoterms 2002) unless otherwise specified by Buyer in writing. All shipping dates are approximate; production will not begin Seller shall in insure the Goods for all loss and damage until receipt accepted by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur Buyer at the earliest of (A) acceptance of shipment ship-to location. If a blanket purchase order or other contract has been entered into between Seller and Buyer, the quantity included in this Order shall apply against the quantity covered by designated shipper, (B) allocation of such Order or contract. If any Goods to Buyer at location other than Seller’s locationbe delivered pursuant to this Order have a shelf life, (C) delivery to Buyer’s representative or designee, or (D) mailing any production of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to such Goods will pass to Buyer on tender of delivery, subject prior to Seller’s right to stop Goods normal processing time or release date is not permitted unless specifically authorized in transit and to any interest of Seller reserved to secure writing by Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds ships more Goods than in any Order, Buyer may either retain possession and assume ownership at Buyer’s instruction or because ▇▇▇▇▇ has failed no cost to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice the Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller mayor, at its optionthe sole discretion of the Buyer, ship return the Goods to Buyer at the address specified in the applicable Order and invoice Buyer Seller freight collect, plus any charges for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreementrepacking. Buyer will accept and is under no obligation hereunder to notify Seller of any overshipment, nor shall Buyer assume any liability to pay for partial deliveries at the Agreement prices any amounts over and terms. If Buyer declares or indicates above that specifically stated in an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedOrder.

Delivery. Deliver the goods into the custody of the carrier or another person (e.g. a freight forwarder) named by the buyer, or chosen by the seller in accordance with A.3.a), at the named place or point (e.g. transport terminal or other receiving point) on the date or within the period for delivery and in the manner agreed or customary at such point. If no specific point has been agreed, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose. Failing precise instructions from the buyer, the seller may deliver the goods to the carrier in such a manner as the transport mode of that carrier and the quantity and/or nature of the goods may require. Delivery terms to the carrier is completed: I) In the case of rail transport when the goods constitute a wagon load (per Incoterms® 2020or a container load carried by rail) the seller has to load the wagon or container in the appropriate manner. Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its be-half. When the goods do not constitute a wagon or container load, delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway. II) In the case of road transport when loading takes place at the seller's premises, delivery is completed when the goods have been loaded on the vehicle provided by the buyer. When the goods are stated delivered to the carrier's premises, delivery is completed when they have been handed over to the road carrier or to another person acting on each Orderhis behalf. III) In the case of transport by inland waterway when loading takes place at the seller's premises, delivery is completed when the goods have been loaded on the carrying vessel provided by the buyer. All Orders must include Buyer’s When the goods are delivered to the carrier's premises, delivery is completed when they have been handed over to the inland waterway carrier or forwarder’s address and to another person acting on his behalf. IV) In the case of sea transport when the goods constitute a full container load (FCL), delivery is completed when the loaded container is taken over by the sea carrier. When the container has been carried to an operator of a transport terminal acting on behalf of the carrier, the goods shall be deemed to have been taken over when the container has entered into the premises of that terminal. When the goods are assumed less than a container load (LCL), or are not to authorize immediate release upon ready-to-ship status unless otherwise be containerised, the seller has to carry them to the transport terminal. Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf. V) In the case of air transport, delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf. VI) In the case of unnamed transport, delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf. VII) In the case of multimodal transport, delivery is completed when the goods have been handed over as specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the GoodsI)—VI), as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller the case may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedbe.

Delivery. Delivery terms Unless otherwise agreed in advance in writing by Seller, delivery of the goods and services, if any, specified herein (per Incoterms® 2020“Goods”) are stated on each Ordershall be F.O.B. point of shipment. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by a common carrier, or designated shipper, (B) or licensed public truckman, allocation of Goods to Buyer at location premises other than Seller’s location, (C) delivery to Buyer’s representative or designeedesignee (if Seller’s trucks and drivers effect such delivery), or (D) mailing of an invoice by Seller to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever of packing list provided by Seller. Title to Goods will pass to Buyer on the foregoing first occurs, shall constitute tender of delivery. Upon tender of delivery, title shall pass to Buyer, subject to Seller’s right to stop Goods rights of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance. In the instance of Goods held subject to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ instructions, goods for which Buyer has failed to supply shipping instructions instructions, or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be by held for Buyer’s account, Seller may invoice the Goods and Buyer for agrees to make payment at the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesmaturity of the invoice so rendered. Goods invoiced and held at any location location, for whatever reason will reason, shall be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insuranceinsurance and storage at prevailing rates. If Partial deliveries shall be accepted by Buyer fails to provide shipping instructions, Seller may, and paid for at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement contract prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept deliverydelivery in accordance with any order, no tender shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedACCEPTANCE OF THE PRODUCTS OR SERVICE ITEMS BY BUYER UPON DELIVERY SHALL CONSTITUTE A WAIVER BY BUYER OF ANY CLAIM FOR DAMAGES ON ACCOUNT OF DELAY IN DELIVERY OR PERFORMANCE.

Delivery. a. If the Goods are delivered, the Customer authorises Gleason Cranes to deliver the Goods to the place nominated by the Customer and to leave the Goods at such place whether or not any person is present to accept delivery. Gleason Cranes is ▇▇▇ ▇▇liged to obtain a signed receipt, signed delivery docket or other acknowledgment of the Goods from any person at the nominated place for delivery, but if such signature or acknowledgement is obtained from a person reasonably believed by Gleason Cranes to hold authority to sign for or otherwise take delivery of the Goods, then such signed receipt, signed delivery docket or other acknowledgment will be conclusive evidence of the Customer’s acceptance of the Goods. b. The Customer must provide a suitable and safe area at the nominated delivery site to unload the Goods and ensure that Gleason Cranes (o▇ ▇▇▇▇▇’s, employees or contractors of Gleason Cranes) u▇▇ ▇▇ the nominated delivery site is compliant with relevant work health and safety legislation. c. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery the Goods is deemed to occur at when they are handed to the earliest of (A) acceptance of shipment Customer or the Customer’s representative, whichever occurs first. Gleason Cranes wi▇▇ ▇▇▇ be liable on any basis whatsoever for loss suffered by designated shipper, (B) allocation of the Customer after the Goods are delivered. d. The Customer agrees to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. examine the Goods immediately after delivery. e. The Customer must pay and Gleason Cranes re▇▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s the right to stop charge the Customer all costs and fees incurred as a result of: i. any delay in delivery of the Goods which is caused by the Customer or the conditions of the nominated delivery site or the nature of the Goods being delivered; ii. any unexpected labour or additional costs in transit and connection with the delivery; and iii. any permit or licence or other extraordinary costs of transporting or delivering the Goods (including wide or long loads). f. If Gleason Cranes ar▇ ▇▇▇▇▇e to any interest of Seller reserved deliver the Goods due to secure Buyer’s payment or performance to Sellerthe Customer, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because Gleason Cranes re▇▇▇▇▇ has failed ▇he right to supply shipping instructions store the Goods or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship deliver the Goods to Buyer at any nominated delivery site and charge the address specified in Customer all costs of storage or delivery (as applicable) incurred by Gleason Cranes fo▇ ▇▇▇▇ storage or delivery. g. The Customer agrees to indemnify and hold Gleason Cranes (or agent’s, employees or contractors of Gleason Cranes) f▇▇▇ ▇▇▇ and all claims, loss and damage arising out of: i. Delivery of the applicable Order Goods (including any loss or damage cause by delivering the Goods to an unattended site and invoice Buyer for the Goods. loss or damage suffered by Gleason Cranes as ▇ ▇▇▇▇▇ agrees lt of any property damage or personal injury caused by the delivery and unloading the Goods); ii. The Customer’s failure to make payment provide a safe, suitable and compliant nominated delivery site in accordance with clause 9(a); except to the extent that Gleason Cranes (or agent’s, employees or contractors of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates Gleason Cranes) have committed an intention to not accept deliveryact of negligence, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt breach of the initial shipment. Buyer may not make any deduction from any payment due because of loss law or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery breach of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedAgreement.

Delivery. Delivery terms All prices are EXW (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status Ex‐Works)(per Incoterms 2010), unless otherwise specified by Seller in writing. All shipping dates are approximate; production , and any time period indicated for a shipment will not begin commence until receipt by Seller at Seller’s plant of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever first occurs, will constitute tender of packing list provided by Seller. Title to Goods delivery and title will pass to Buyer on tender of deliveryBuyer, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance, irrespective of any freight allowance or prepayment of freight. In the case of Goods held subject to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ instructions, Goods for which Buyer has failed to supply shipping instructions instructions, or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be Goods and Buyer agrees to make payment at Seller’s standard ratesthe maturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance, storage and other expenses incident to such delay at their prevailing rates. If Partial deliveries shall be accepted by Buyer fails to provide shipping instructions, Seller may, and paid for at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms Each of the Selling Stockholders represents and warrants that certificates in negotiable or book-entry form representing all of the Shares to be sold by such Selling Stockholders hereunder have been placed in custody under a Custody Agreement relating to such Shares, in the form heretofore furnished to you, duly executed and delivered by such Selling Stockholder to American Stock Transfer & Trust Company, LLC, as custodian (per Incoterms® 2020the “Custodian”), and that such Selling Stockholder has duly executed and delivered Powers of Attorney, in the form heretofore furnished to you, appointing the person or persons indicated in Schedule 2 hereto, and each of them, as such Selling Stockholder’s Attorneys-in-fact (the “Attorneys-in-Fact” or any one of them the “Attorney-in Fact”) are stated with authority to execute and deliver this Agreement on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed behalf of such Selling Stockholder, to determine the purchase price to be paid by the Underwriters to the Selling Stockholders as provided herein, to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the GoodsShares to be sold by such Selling Stockholder hereunder and otherwise to act on behalf of such Selling Stockholder in connection with the transactions contemplated by this Agreement and the Custody Agreement. All claims will Each of the Selling Stockholders specifically agrees that the Shares represented by the certificates held in custody for such Selling Stockholder under the Custody Agreement, are subject to the interests of the Underwriters hereunder, and that the arrangements made by such Selling Stockholder for such custody, and the appointment by such Selling Stockholder of the Attorneys-in-Fact by the Power of Attorney, are to that extent irrevocable. Each of the Selling Stockholders specifically agrees that the obligations of such Selling Stockholder hereunder shall not be waived unless accompanied terminated by operation of law, whether by the death or incapacity of any individual Selling Stockholder, or, in the case of an estate or trust, by the death or incapacity of any executor or trustee or the termination of such estate or trust, or in the case of a partnership, corporation or similar organization, by the dissolution of such partnership, corporation or organization, or by the occurrence of any other event. If any individual Selling Stockholder or any such executor or trustee should die or become incapacitated, or if any such estate or trust should be terminated, or if any such partnership, corporation or similar organization should be dissolved, or if any other such event should occur, before the delivery receiptof the Shares hereunder, signed certificates representing such Shares shall be delivered by freight vendor’s agent at time or on behalf of deliverysuch Selling Stockholder in accordance with the terms and conditions of this Agreement and the Custody Agreement, on which receipt and actions taken by the loss Attorneys-in-Fact pursuant to the Powers of Attorney shall be as valid as if such death, incapacity, termination, dissolution or damage has been notedother event had not occurred, regardless of whether or not the Custodian, the Attorneys-in-Fact, or any of them, shall have received notice of such death, incapacity, termination, dissolution or other event.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms A. Buyer's Purchase Orders shall state Seller's estimated delivery dates for Product, The maximum agreed upon period of time between Buyer's issuance of a Purchase Order and the estimated delivery date (per Incoterms® 2020"Leadtime") are shall be as stated on each Orderin Exhibit A. B. All deliveries of Product shall be FOB point of origin. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller In the absence of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping specific instructions, Seller maywill select the carrier, which will not be deemed an agent of Seller. Products will be drop shipped to the U.S. destination designated on Buyer's Purchase Order. Unless Buyer's order specifically declines, Seller will provide "All Risk" transit insurance, commencing coverage upon tender of Products to the carrier and terminating upon Customer's receipt thereof. Buyer shall pay for such coverage at its optioncurrent rates. C. Buyer may require that shipments of Products be shipped by Seller to various destinations. The Purchase Order will clearly specify the "Ship To" locations for each Purchase Order placed with Seller. D. Seller reserves the right to make partial shipments, ship the Goods to with Buyer's authorization, in which event Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at all Products received per the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, terms as stated herein. E. Delivery and/or shipping dates given by Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within are + /- three (3) calendar days of receipt of unless otherwise stated in the initial shipment. Purchase Order. F. If Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of refuses and/or reschedules delivery of the Goodsany Products that have been shipped to it due to reasons other than damaged or incorrect Product, Buyer shall pay Seller for additional costs incurred, including without limitation storage and any additional freight costs. All claims will be waived unless accompanied by a Terms and conditions for rescheduling delivery receiptare included in Exhibit B, signed by freight vendor’s agent at time Product Reschedule Provisions. G. Any cancellation of delivery, on which receipt the loss or damage has been notedan order after shipment is subject to Seller's written acceptance thereof.

Delivery. The Supplier shall deliver Parts/Equipment pursuant to terms and conditions of this Contract and also all other documents regulating the related shipments between Martur Fompak International and the Supplier, especially drawings, technical specifications, analysis certificate, etc. (“Documents”). Delivery terms time indicated on the Special Purchase Contract and the Purchase Order could be either the delivery time to Martur Fompak International ’s warehouse (per Incoterms® 2020) shipping being on the Supplier’s responsibility), or the delivery time of products to the place agreed with the Supplier (shipping being on Martur Fompak International ’s responsibility), according to INCOTERMS applied to the related order during the delivery row and/or time. The Supplier knows that Martur Fompak International manufactures for [pls write relevant country] and the export market and sometimes works in 3 shifts system. The delivery should meet 100% condition as quantity and time. Deliveries cannot be before or after the determined date. Martur Fompak International could immediately return Parts which are stated not ordered or excess the quantity defined on each the order or whose delivery time is not programmed, all shipping costs, damages, risks, etc. being on the Supplier’s behalf. In such a case, return invoice amount shall be set off within the scope of Clause 22; or Martur Fompak International can accept Parts on condition to pay their prices at the end of payment period counted after delivery time foreseen on Martur Fompak International ’s Special Purchase Contract or the Purchase Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) Physical acceptance of shipment Parts by designated shipperMartur Fompak International, (B) allocation without reserving his rights shall not be interpreted as the loss of Goods to Buyer at location other than SellerMartur Fompak International ’s location, (C) delivery to Buyer’s representative rights derived or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of originated from late delivery. Buyer must report any shortages in shipments within three (3) calendar days The Supplier accepts beforehand to agree with all kinds of receipt of the initial shipmentlogistics procedures indicated on Martur Fompak International ’s Logistics Contract. Buyer may not make any deduction from any payment The Supplier is responsible for all damages originated due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written requestunapproved, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇undefined and/or untimely sent Parts/Equipment without Martur Fompak International ’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedknowledge.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated arestated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will productionwill not begin until receipt by Seller of complete manufacturingcompletemanufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ Buyer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ Buyer has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrates per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ Buyer agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ Buyer makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇Buyer’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are The Supplier shall deliver the Goods on the date or within the period stated on each Orderthe Order and any Order Amendment (the "Delivery Date"). All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender Where the date of delivery is deemed to occur at on the earliest Order differs from the date of (A) acceptance delivery stated on the Order Amendment, the date on the Order Amendment shall prevail. Deliveries of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer shall be made at the address nominated by LSE on the Order and/or any Order Amendment (the "Delivery Location"), and unless specified otherwise by LSE, to a location within the Delivery Location which can be secured by means of a lockable entrance. Unless specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept deliveryOrder Amendment, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute upon making a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt delivery of the initial shipment. Buyer may not make any deduction from any payment due because Goods the Supplier shall: report to the reception of loss or damage the Delivery Location; and verify the identity of the LSE personnel authorised to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of take delivery of the Goods. All claims will be waived unless accompanied Unless specified in the applicable Order or Order Amendment, the Supplier shall deliver the Goods to the Delivery Location during LSE's Usual Business Hours. Pursuant to Clauses 6.1, 6.2 and 6.3, LSE shall hold the Goods as delivered where the Goods have been delivered, unloaded, positioned, and where necessary installed, at the Delivery Location on the Delivery Date, and signed for by a member of LSE's personnel who is wearing a valid LSE identity card (containing a photograph). The Supplier shall provide any equipment, facilities, or fittings required for the delivery receiptand installation of the Goods at its own cost unless specified otherwise in writing by LSE. The Supplier shall not make a delivery of the Goods in instalments or in advance of the Delivery Date unless specified by LSE in the relevant Order or any Order Amendment. The Supplier shall remove any packaging materials from the Delivery Location at the Supplier's risk and expense. If an Order is not delivered at the specified Delivery Location, signed by freight vendor’s agent LSE may, at time the expense of deliverythe Supplier, on return any Goods which receipt LSE reasonably deems cannot be utilised. The Supplier shall reimburse LSE for the loss or damage has been notedcost and return of such Goods.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production A. The Products will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at be delivered within a reasonable time after the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against order. Delivery dates are approximate and are dependent upon prompt receipt of all necessary Buyer-furnished information and materials (if applicable). Penalty fees/liquidated damages that may be associated with any late delivery will not apply unless mutually agreed in writing at the freight vendor time of order acknowledgement. B. Unless otherwise agreed in writing by the parties, Seller shall make the Products available at the ▇▇▇▇ factory (the “Delivery Point”). The title to and risk of loss for any loss or damage in transit, so long as Seller receives Products passes to Buyer upon signing of the claim within five bill of lading by the transportation company (5) calendar days of which signifies the delivery of the GoodsProducts to the transportation company for shipment to Buyer). Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Point. C. All Prices are quoted ExWorks (EXW) ▇▇▇▇ factory or such other place that Seller shall designate on the Quotation. Seller does not insure shipments beyond the Delivery Point and, therefore, all claims of lost or damaged Products in transit must be filed directly with the transportation company by Buyer. Seller shall select the method of shipment and the carrier for the Products. Seller may ship via the Buyer’s choice if routing is satisfactory and rates equal to or less than Seller’s normal choice. In the case of higher than normal special shipping requirements, Seller will ship the Products at Buyer’s expense (including a handling fee or collect basis) and Buyer will not receive any credit for freight charges that under normal circumstances would be incurred by Seller. There may be only one destination per order. ▇. ▇▇▇▇’▇ standard document package will be waived unless accompanied provided— please see associated Quotation for details on what is included in document package for associated Product(s); document package will be delivered via electronic delivery (additional charges may apply if hard copy is required). E. If for any reason Buyer fails to accept delivery of Products on the date fixed pursuant to Seller’s notice to Buyer that the Products are being made available for delivery at the Delivery Point: (i) risk of loss to the Products shall pass to Buyer, (ii) the Products shall be deemed to have been delivered and accepted by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.Buyer and

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include It is understood that Buyer’s or forwarder’s address and are assumed 's ability to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by accept delivery of natural gas from Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest Point(s) of (A) acceptance of shipment by designated shipper, (B) allocation of Goods Delivery may be interrupted from time to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing time as a result of an invoice to outage at Buyer. ▇▇▇▇▇ agrees 's Facilities, in which case the following procedures shall apply: (a) In the event of a Regularly Scheduled Outage, Buyer shall use its best efforts to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods whatever advance notice is reasonably practicable in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Sellerthe circumstances and, in its sole discretionany event, determines that any part Buyer shall provide Seller with at least thirty (30) Days notice. Such notice shall specify the time and Day on which Buyer's Facilities will be taken out of Goods should service, the quantity of natural gas, if any, Buyer shall require during the Regularly Scheduled Outage and the time and the Day on which full deliveries of natural gas are to be held for Buyer’s account, resumed. Seller may invoice Buyer for the Goodsshall suspend or reduce, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructionsappropriate, Seller may, at its option, ship the Goods deliveries of natural gas to Buyer at the address Point(s) of Delivery starting on the Day and at the time specified in Buyer's notice, provided that Seller shall not be required to suspend or reduce such deliveries prior to the applicable Order expiry of thirty (30) Days following the receipt of Buyer's notice. If there is a change in the duration of a Regularly Scheduled Outage, Buyer shall promptly notify Seller of the new Day and invoice time on which full deliveries are to be resumed. Seller shall resume or increase, as appropriate, its daily deliveries of natural gas at the Point(s) of Delivery on the Day and at the time specified in Buyer's notice, provided that Seller shall not be required to resume or increase its daily deliveries until the expiry of forty-eight (48) hours following the receipt of Buyer's notice. (b) If for any reason other than a Regularly Scheduled Outage, Buyer's Facilities are unable to consume all or a portion of the Scheduled Daily Quantities for one or more remaining Days of the Month, Buyer shall so notify Seller. Within forty-eight (48) hours following receipt of said notice, or at such later Day and time as may be specified in said notice, Seller shall suspend or reduce, as appropriate, deliveries of gas at the Point(s) of Delivery in accordance with Buyer's notice. Seller shall use its best efforts to resume or increase, as appropriate, its daily deliveries of natural gas to the Point(s) of Delivery on the Day and at the time specified in Buyer's notice but in no event shall Seller be required to resume or increase its daily deliveries within less than forty-eight (48) hours following receipt of Buyer's notice. (c) If for any reason Buyer's Facilities are unable to receive or consume all or any portion of the GoodsScheduled Daily Quantities for one or more remaining Days of the Month, Buyer shall have the option of reselling to one or more third parties which are regularly and substantially engaged in the development, production and/or transportation or distribution of oil and/or natural gas a daily quantity of natural gas delivered to Buyer at the Point(s) of Delivery not exceeding the portion of the Scheduled Daily Quantities not delivered to Buyer's Facilities. ▇▇▇▇▇ agrees Buyer shall provide Seller with written notice of Buyer's election to make payment resell such quantities, specifying the quantities to be resold, the period of time over which the sale of such invoice when due under this Agreementquantities is to take place and the name and business address of the third party purchasing the quantities of natural gas. Buyer will accept and pay for partial deliveries shall provide Seller with as much advance notice of its election as is feasible under the circumstances. If at the Agreement prices and terms. If end of such period Buyer's Facilities continue to be unable to receive or consume all or any portion of the Maximum Daily Quantity, as specified in section 2.3, Buyer declares shall have the option of continuing to resell to one or indicates an intention more such third parties a daily quantity of natural gas not to not accept delivery, Seller may, at its option, give exceed the Maximum Daily Quantity upon written notice to Buyer that Seller Seller, which notice shall specify the quantities to be resold, the period of time over which the sale of such quantities is ready to take place and willing to deliver, the name and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt business address of the initial shipmentthird party purchasing the quantities of natural gas. When Buyer's Facilities return to service or are able to receive and consume the full amount of Scheduled Daily Quantities, Buyer may not make any deduction from any payment due because shall use reasonable efforts to cease the resale of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree natural gas as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long soon as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedpossible.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each OrderSection 5.1 BARGE DELIVERY. All Orders must include Buyer’s or forwarder’s address and are assumed The coal shall be delivered to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur Buyer F.O.B. barge at the earliest of following points (A) acceptance of shipment by designated shipperthe "Delivery Point"), (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. the Evansville ▇▇▇▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery▇▇▇▇, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇ ▇▇▇▇ ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇.▇ agrees on the Ohio River or the Yankeetown Dock, at mile point 772.5 on the Ohio River. Seller may deliver the coal at a location different from the Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to make payment of such invoice when due under this AgreementBuyer's generating stations. Buyer shall retain any resulting savings in such transportation costs. BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 Title to and risk of loss of coal sold will accept pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer's barging contractor from the loading dock. Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall arrange and pay for partial deliveries all costs of transporting the coal from the mines to the Delivery Point and loading and trimming the coal into barges to the proper draft and the proper distribution within the barges. Buyer shall arrange for transporting the coal by barge from the Delivery Point to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in meeting the scheduling of shipments with Buyer's barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Agreement prices Delivery Point, including the demurrage, penalties for loading less than the minimum of 1,500 tons per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and termsdry condition as practicable. If Seller shall require of the loading dock operator that the barges and towboats provided by Buyer declares or indicates an intention Buyer's barging contractor be provided convenient and safe berth free of wharfage, dockage and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 in accordance with the reasonable loading requirements of Buyer and Buyer's barging contractor; and that the loading dock operator carry landing owner's insurance with basic coverage of not accept deliveryless than $300,000, Seller mayand total of basic coverage and excess liability coverage of not less than $1,000,000, at its option, give written notice and provide evidence thereof to Buyer that Seller is ready and willing to deliver, and such notice will constitute in the form of a valid tender certificate of delivery. insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for 30 days advance notification of Buyer must report any shortages in shipments within three (3) calendar days the event of receipt termination of or material reduction in coverage under the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedinsurance.

Delivery. Delivery terms (per Incoterms® 2020) All prices are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release based upon ready-to-ship status shipment using F.O.B. Origin, unless otherwise specified by Seller in writing. All shipping dates are approximate; production Any time period indicated for a shipment will not begin commence until receipt by Seller at Seller’s facility of complete manufacturing, shipping, shipping and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by designated shipper, (B) allocation of the Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever first occurs, will constitute tender of packing list provided by Seller. Title to Goods delivery and title will pass to Buyer on tender of deliveryBuyer, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance, irrespective of any freight allowance or prepayment of freight. In the case of Goods held subject to Seller▇▇▇▇▇’s instructions, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because for which ▇▇▇▇▇ has failed to supply shipping instructions or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s account, Seller may invoice the Goods and Buyer for agrees to make payment at the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesmaturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails , storage and other expenses incident to provide shipping instructions, Seller may, such delay at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goodsprevailing rates. When ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender will be necessary, but Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments or defects as to a shipment within three ten (310) calendar days of receipt of the initial such shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms All prices are EXW (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon readyEx-to-ship status Works)(per Incoterms 2010), unless otherwise specified by Seller in writing. All shipping dates are approximate; production , and any time period indicated for a shipment will not begin commence until receipt by Seller at Seller’s plant of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance Acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location premises other than Seller’s location’s, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt , whichever first occurs, will constitute tender of packing list provided by Seller. Title to Goods delivery and title will pass to Buyer on tender of deliveryBuyer, subject to Seller’s right to stop Goods of stoppage in transit and to any interest of Seller reserved to secure Buyer’s payment or performance performance, irrespective of any freight allowance or prepayment of freight. In the case of Goods held subject to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ instructions, Goods for which Buyer has failed to supply shipping instructions instructions, or because in any case where Seller, in its sole discretion, determines that any part of the Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be Goods and Buyer agrees to make payment at Seller’s standard ratesthe maturity of the invoice rendered. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance, storage and other expenses incident to such delay at their prevailing rates. If Partial deliveries shall be accepted by Buyer fails to provide shipping instructions, Seller may, and paid for at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If When Buyer declares has declared or indicates manifested an intention not to not accept delivery, no tender shall be necessary but Seller may, at its option, give written notice in writing to Buyer that Seller is ready and willing to deliver, deliver and such notice will shall constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each the Order must be made in the quantities, or in the case of services, as described, and on the dates agreed to in the Order documents or, where no such dates appear, as specified by the Buyer. Partial shipments shall be allowed only if specifically indicated in the Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless Unless otherwise specified in writingthe Order, delivery of product Items is Delivered Duty Paid (as defined in Incoterms 2010), Buyer’s location or such other destination as may be specified in the Order. All shipping dates Seller acknowledges that Buyer’s production and marketing schedules or their operation schedules are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, based in part upon the delivery/completion date(s) specified in the Order. Time and credit information. Tender place of delivery is deemed to occur at are, therefore, of the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller essence with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject respect to Seller’s right performance under the Order. Any provision in the Order or subsequent agreement by Buyer for installment deliveries of the items specified in the Order shall not be construed as a waiver of this requirement or as severing Seller’s obligations for full, on-time, delivery of all Items specified in the Order. If Seller determines that it either cannot or may not complete delivery at the specified time and place or in the specified manner, Seller shall promptly notify Buyer and indicate the earliest possible date that it is confident that it can complete conforming delivery. Notwithstanding such notice, and notwithstanding that Seller’s failure to stop Goods effect conforming delivery may be or is due to causes beyond Seller’s control, Seller’s failure to effect conforming delivery shall entitle Buyer, without any liability to Seller hereunder, to revoke any prior acceptance of a partial delivery by Seller, to return at Seller’s risk and expense all or any part of items delivered in transit and partial satisfaction of the Order, to cancel the Order, to receive a refund of any interest of amounts paid to Seller reserved pursuant to secure Buyer’s payment or performance the Order for any Items returned to Seller, even if freight is included and to purchase substitute Items or prepaidservices elsewhere and charge Seller with any loss or additional costs incurred in connection with such purchases. If Seller holds Goods at in order to comply with Buyer’s instruction required delivery date it becomes necessary for Seller to deliver the items at an additional cost, any increased cost resulting therefrom shall be paid for by Seller unless the necessity for such additional cost has been caused by Buyer. Delivery of excess Items or because ▇▇▇▇▇ has failed Items provided prior to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should agreed to delivery date may be held for Buyer’s account, Seller may invoice returned by Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructionsexpense, Seller may, at its option, ship the Goods to or retained by Buyer at the address specified no increase in price. Unless specifically indicated in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make Order, payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of shall be made after full delivery of the Goods. All claims will be waived unless accompanied Item(s) and/or completion of the services and acceptance of the Items and/or services by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedBuyer.

Delivery. (a) The Marine Fuels shall be delivered to the Receiving Vessel at the port or place stated in the Seller's Written Acceptance. Absent a Written Acceptance by the Seller of the Buyer's Order, the port or place of delivery shall be that stated in the Buyer's Order. (b) Delivery terms is to take place during working days and hours at the relevant port of delivery. Any delivery outside of these periods, if permitted by port regulations, may give rise to additional charges which shall be for the Buyer's account. The Buyer shall give the Vessel's estimated time of arrival (per Incoterms® 2020"ETA") are stated on each in its Order; if the Buyer has not given any ETA in its Order, it shall do so within 24 hours of receipt of the Seller's Written Acceptance of the Buyer's Order. All Orders must include Buyer’s or forwarder’s address and are assumed The Seller/Supplier shall be under no obligation to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at deliver if the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven arrives outside the ETA and the Buyer shall reimburse any extra costs incurred by the Seller/Supplier in delivering outside of the ETA. (7c) business days following receipt of packing list provided by The Buyer shall give the Seller. Title to Goods will pass to Buyer on tender , or its representatives at the port or place of delivery, subject 48 hours written notice of the Vessel's arrival, indicating the exact location at the port of delivery, and the exact time at which delivery is required. The Seller/Supplier shall endeavor to Seller’s right deliver the Marine Fuels at the required time but shall, under no circumstance, be liable for any delay in the delivery of the Marine Fuels. The Buyer undertakes to stop Goods in transit accept delivery of the Marine Fuels at any time on the day of requested delivery and to pay for any interest extra costs incurred by the Seller/Supplier if the Vessel cannot take delivery of the Marine Fuels upon presentation of the Marine Fuels for delivery. (d) The Marine Fuels shall be delivered, ex delivery hose (see Clause 13 re. risk /title), from: (i) storage tank or (ii) tank truck(s)/rail car(s) or (iii) bunkering barge(s) at Seller's option. (e) The Seller/Supplier shall have all permits/licenses required for delivery of Marine Fuels at the port or place of delivery. (f) The Buyer shall ensure that the Receiving Vessel has all certificates required to comply with all relevant regulations relating to delivery of the Marine Fuels at the port or place of delivery and shall instruct the Master of the Receiving Vessel to: (i) advise the Seller reserved in writing, prior to secure Buyer’s payment delivery, of the maximum allowable pumping rate and pressure and to provide all emergency contact, details and the Receiving Vessel's emergency shut-down procedures; (ii) notify the Seller in writing prior to delivery, of any special conditions, difficulties, peculiarities, deficiencies or performance defects in respect of, and particular to, the Vessel, and which might affect the delivery of the Marine Fuels, (iii) provide a free side to receive the Marine Fuels and to render all necessary assistance which may reasonably be required to moor or unmoor the bunkering barge or to connect or disconnect the delivery hose(s). (g) In the event of delivery by barge(s), the Buyer shall provide free of expense to the Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer /Supplier a clean and safe berth for the Goodsbarge(s) alongside the vessel's intake pipe/receiving line(s). (h) Receiving Vessel to moor, as well as unmoor, hoist, lower, bunkering hoses, whenever required by Seller/Supplier free of charge and to assist Seller/Supplier in delivery operations. (i) The Buyer and Receiving Vessel shall make and be solely responsible for storage. Storage fees will be at Seller’s standard rates. Goods invoiced all connections and held at any location for whatever reason will be at Buyer’s risk disconnections between the delivery hose(s) and Seller may charge for the Vessel's intake pipe and shall ensure that the delivery hose(s) are properly secured and connected to the Vessel's manifold prior to the commencement of delivery of Marine Fuels to the Vessel. (but is not obligated j) The Vessel shall provide sufficient segregated tankage to carry) insurance. If Buyer fails to provide shipping instructionsreceive the contracted quantity of Marine Fuels, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares plus or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within minus five (5) calendar days of percent at Seller's option (see Clause 5). The Buyer shall pay any cost or expense incurred by the Seller/Supplier resulting from the Buyer's failure to provide sufficient segregated tankage and/or to take delivery of the GoodsSale Contract Quantity. (k) If any delay in the delivery of the Marine Fuels is attributable to the Buyer of the Receiving Vessel, the Seller shall be entitled to recover against the Buyer all losses/expenses, liabilities arising out of the said delay including, without limitation, any liability for demurrage on barges/trucks/rail cars (if any) and storage costs. All claims will be waived unless accompanied by a The Seller/Supplier shall have no liability for any delay in the supply/delivery receipt, signed by freight vendor’s agent at time of the Marine Fuels to the Receiving Vessel. (l) If the Buyer fails to take delivery, on which receipt in whole or in part, of the loss or damage has been notedSale Contract quantity(ies), the Buyer shall pay the full Sale Contract price for the quantity ordered and the Buyer shall indemnify the Seller and hold the Seller harmless against any and all losses suffered and liabilities incurred as a result of the Buyer's failure.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each OrderTime for delivery is given as accurately as possible but is not guaranteed. All Orders must include Buyer’s The Purchaser shall have no right to damages or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingcancel the order for failure for any cause to meet any delivery time stated. All shipping dates are approximate; production The Seller will not begin until receipt be under any circumstance responsible for the penalties, charges or costs that the Purchaser may have agreed or be liable to with any third party. ETA (Expected Delivery Times) will be recalculated once valid purchase order has been received, accepted and advance payment has been received. (b) If the Purchaser refuses or fails to take delivery of Goods tendered in accordance with the Contract the Seller shall be entitled to immediate payment in full for the Goods so tendered. The Seller shall be entitled to store at risk of the Purchaser any Goods which the Purchaser refuses or of which he fails to take delivery and the Purchaser shall in addition to the price pay all costs of such storage and any additional costs or carriage incurred as a result of such refusal or failure. Refusal by the Purchaser to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller's right to recover damages for such refusal. The Seller shall be entitled after the expiration of complete manufacturing, shipping, and credit information. Tender 28 days from the date on which the price became payable to dispose of delivery is the Goods in such manner as it may determine. (c) Subject to the provisions of sub-Condition 7(e) (where applicable) the Goods shall unless delivered by the Seller's own transport or by a carrier on behalf of the Seller be deemed to occur at have been delivered and the earliest risks therein to have passed to the Purchaser upon their transfer to a carrier named by the Purchaser or two days after the Seller notifies the Purchaser that the Goods are available for collection whichever is the earlier. (d) Where the Goods are to be delivered by the Seller's own transport or by a carrier on behalf of (A) acceptance of shipment by designated shipper, (B) allocation of Goods the Seller the risk therein shall pass to Buyer at location other than Seller’s location, (C) the Purchaser upon delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender the designated point of delivery, subject to Seller’s right to stop . (e) In any case where Goods are sold CIF or FOB or on the basis of any other international trade term the meaning of such term contained in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even INCOTERMS (2010 edition) shall apply as if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that expressly incorporated herein except insofar as any part of the same may be inconsistent with any of the provisions contained in these Conditions. (f) Where Goods should are sold FOB, the Seller shall be held for Buyer’s account, under no obligation to give to the Purchaser the notice specified in section 32(3) of the Sale of Goods Act 1979. (g) Goods may be delivered by instalments in which event the Seller may invoice Buyer for each instalment separately and the GoodsPurchaser shall pay such invoices in accordance with these Conditions. If the Purchaser fails to make any payment in respect of any instalment when it becomes due then, as well as for storage. Storage fees will be at without prejudice to any other rights of the Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and , the Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment withhold deliveries of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery further instalments of the Goods. All claims will be waived unless accompanied Any failure by a delivery receipt, signed by freight vendor’s agent at time the Seller to comply with its obligations in respect of delivery, on which receipt any one or more instalments shall not affect the loss or damage has been notedother instalments under the Contract.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed The Carrier shall have the right to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt deliver the Goods at any time at any place designated by Seller the Carrier within the geographic limits of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender place of delivery, subject to Seller’s right to stop Goods in transit and to any interest . (b) The Merchant shall take delivery of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at within the address specified time provided for in the applicable Order Tariff. If the Merchant fails to do so the Carrier shall be entitled, without notice, to unpack the Goods if packed in Containers and/or sell, destroy, dispose of or to store the Goods ashore, afloat, in the open or under cover, at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and invoice Buyer thereupon the liability of the carrier in respect of the Goods stored as aforesaid shall cease, and the Merchant shall be fully responsible for the Goods. ▇▇▇▇▇ agrees to make payment costs of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at transloading or storing. (c) Refusal or failure (directly or by omission or by delay) by the Agreement prices and terms. If Buyer declares or indicates an intention Merchant to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt take delivery of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service accordance with the terms of this Bill of Lading and/or to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for mitigate any loss or damage thereto shall constitute a waiver by the Merchant to the Carrier of any claim whatsoever or howsoever relating to the Goods or the Carriage thereof. (d) In the event the Carrier agrees, at the request of the Merchant to amend the Place of Delivery stated herein, the terms and conditions of this Bill of Lading shall continue to apply, only to the extent provided by the applicable Tariff, until the Goods are delivered by the Carrier to the Merchant at the amended Place of Delivery. Unless explicitly provided in transittariff or contract, so long as Seller receives in case of such diversion, Carrier shall be under no liability whatsoever for loss, damage or delay to the claim within five Goods, howsoever arising. (5e) calendar days In any case the Carrier's responsibility shall cease when the Goods have been delivered to the Merchant, its agent or subcontractors or otherwise according to law at the place designated by the Carrier. Delivery of the Goods to the custody of Customs or any other authorities shall always constitute final discharge of the Carrier's responsibility hereunder. (f) For Goods received by the Carrier in containers the Carrier shall only be responsible for delivery of the Goods. All claims will total number of containers shown on the face of the Bill of Lading, and shall not be waived required to unpack the containers. (g) Where the Goods have been packed into containers by the Carrier, the Carrier may unpack the containers and deliver the contents thereof and shall not be required to deliver the Goods in containers. (h) The Carrier shall not be liable for failure to deliver in accordance with marks unless accompanied by a delivery receiptthe Goods or Packages shall have been clearly, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedlegibly and permanently marked.

Delivery. Delivery terms The Supplier shall deliver the Goods in accordance with any delivery timescales, delivery dates and delivery instructions (per Incoterms® 2020to include, without limitation, as to delivery location and delivery times) are stated on each Order. All Orders must include Buyer’s set out in the Specification and Tender Response Document, a Consignment Request, or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless a Purchase Order or as otherwise specified agreed with the Authority in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur Delivery shall be completed when the Goods have been unloaded at the earliest location specified by the Authority and such delivery has been received by a duly authorised agent, employee or location representative of the Authority. The Authority shall procure that such duly authorised agent, employee or location representative of the Authority is at the delivery location at the agreed delivery date and times in order to accept such delivery. Any arrangement by which the Goods are collected by the Authority in return for a discount on the Contract Price shall be agreed by the Parties in writing (A) acceptance of shipment by designated shipperwhere due to an emergency such arrangements cannot be committed to writing prior to collection, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyerthe Parties shall confirm such arrangements in writing as soon as possible following collection). ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for Where the Authority collects the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but collection is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer deemed delivery for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt purposes of the initial shipmentContract. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes The Supplier shall ensure that a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery note shall accompany each delivery of the Goods. Such delivery note shall contain the information specified in the Specification and Tender Response Document or as otherwise agreed with the Authority in writing. Where such information requirements as to the content of delivery notes are not specified or separately agreed, such delivery notes shall, as a minimum, contain the Authority’s order number, the name and address of the Authority, a description and quantity of the Goods, and shall show separately any extra agreed charges for containers and/or any other item not included in the Contract Price or, where no charge is made, whether the containers are required to be returned. Part deliveries and/or deliveries outside of the agreed delivery times/dates may be refused unless the Authority has previously agreed in writing to accept such deliveries. Where delivery of the Goods is refused by the Authority in accordance with this Clause 25.4 of this Schedule 2, the Supplier shall be responsible for all risks, costs and expenses associated with the re-delivery of the Goods in accordance with the agreed delivery times/dates. Where the Authority accepts delivery more than five (5) days before the agreed delivery date, the Authority shall be entitled to charge the Supplier for the costs of insurance and storage of the Goods until the agreed date for delivery. Unless otherwise set out in the Specification and Tender Response Document or agreed with the Authority in writing, the Supplier shall be responsible for carriage, insurance, transport, all relevant licences, all related costs, and all other costs associated with the delivery of the Goods to the delivery location and unloading of the Goods at that location. Without limitation to the foregoing provision of this Clause 25.5 of this Schedule 2, unless otherwise stated in the Specification and Tender Response Document or agreed with the Authority in writing, the Supplier shall be responsible for obtaining all export and import licences for the Goods and shall be responsible for any delays to the delivery time due to such licences not being available when required. In the case of any Goods supplied from outside the United Kingdom, the Supplier shall ensure that accurate information is provided to the Authority as to the country of origin of the Goods and shall be liable to the Authority for any extra duties or taxes for which the Authority may be accountable should the country of origin prove to be different from that set out in the Specification and Tender Response Document. All claims will third party carriers engaged to deliver the Goods shall at no time be waived unless accompanied by a delivery receipt, signed by freight vendor’s an agent at time of delivery, on which receipt the loss or damage has been notedAuthority and accordingly the Supplier shall be liable to the Authority for the acts and omissions of all third party carriers engaged to deliver the Goods to the Authority.

Delivery. Delivery terms (per Incoterms® 2020) Buyer is to give Seller shipping instructions within a reasonable time before shipments are stated on each Orderto be made. All Orders must include Materials are sold for any specific job upon representation that they are purchased for use in the work represented by the Buyer’s or forwarder’s address and . If the materials are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location used for any other than Seller’s location, (C) delivery to Buyer’s representative or designeework, or (D) mailing resold for use in any work, or disposed of an invoice to Buyerfor any other purpose, Seller shall incur no liability and Seller may terminate this agreement. Any claims for delays encountered on the job by ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided that may be caused by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to the Seller’s right to stop Goods delay in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should deliveries will not be held for Buyer’s account, Seller may invoice Buyer for the Goodsallowed, as well as for storageall deliveries by the Seller are made to the best of its ability and dispatch. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇▇ agrees to make payment truck delivery as requested by ▇▇▇▇▇, and then only to point accessible to Seller’s truck. If materials are required to be dumped on street, Buyer must first secure permit to do so, in the event Buyer orders delivery beyond curb line, Seller will not assume liability for damage to sidewalks, driveways or other property, and ▇▇▇▇▇ hereby agrees to indemnify and hold Seller harmless against all liability, loss and expense including reasonable attorney’s fees incurred as a result of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, including damage to Seller's equipment and loss of time. Should Buyer decide to remove any delivered product, Buyer shall first notify Seller may, at its option, and give written notice Seller a reasonable opportunity to investigate and test the in-place product before being removed by Buyer. ▇▇▇▇▇'s exceptions and claims shall be deemed waived unless Buyer that submits to Seller is ready a fully documented statement of claim and willing exceptions and presented to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments Seller within three (3) calendar business days of after receipt of materials. When so made, Seller shall be given a reasonable opportunity to investigate and test same. Seller's liability under this agreement shall in no event exceed the initial shipmentpurchase price of the material against which claim is made. The Buyer may agrees to provide suitable roadways or approaches to points of delivery when materials are to be delivered by trucks in places other than paved streets, if such suitable roadways or approaches are not provided, Seller reserves the right to stop deliveries until this condition is remedied. Materials shall be unloaded by Buyer within 30 minutes after arrival of Seller's trucks and are not to be delayed so as to affect the quality of the product, including the temperature of the materials being delivered. Seller shall charge demurrage (Standing Time) per hour or fraction thereof at the posted rate for unloading time in excess of the 30 minute time allotment. Seller shall post the current demurrage rate onsite. A fee for returned product will be assessed per load unless the cause of the return or disposal is the Seller's fault. Seller reserves the right to refuse to make delivery in any deduction from any payment due because of loss or damage to Goods in transit. If instance where ▇▇▇▇▇▇ makes a written requestbelieves delivery unsafe or impracticable or by reason of any strike, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss lockout boycott or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss picketing or damage has been notedother labor disputes whether existing or threatened.

Delivery. Delivery terms At the Closing: (per Incoterms® 2020i) are stated on each Order. All Orders must include Buyer’s or forwarder’s address Buyer shall deliver to Seller an Instrument of Assignment and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified Assumption of Liabilities in writing. All shipping dates are approximate; production will not begin until receipt substantially the form of Exhibit A hereto by which Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at shall assign the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods Acquired Assets to Buyer at location and Buyer shall assume the Assumed Liabilities as of the Closing Date; (ii) Seller shall deliver to Buyer or its nominee all bills of sale, endorsements, assignments, licenses, consents to assignments to the extent obtained and other instruments and documents as Buyer may reasonably request to sell, convey, assign, transfer and deliver to Buyer good and marketable title to all the Acquired Assets free and clear of any and all Liens (other than Seller’s locationthe Liens set forth on Schedule 2.9), (C) delivery to Buyer’s representative or designeeincluding, or (D) mailing of an invoice to Buyer. ▇without limitation, a ▇▇▇▇ agrees of Sale and General Assignment of Acquired Assets in substantially the form attached hereto as Exhibit B; (iii) Seller shall execute, acknowledge and deliver to provide the Buyer or its nominee all documents requested by Buyer to obtain patents, trademarks or copyrights with respect to the Acquired Assets in any and all countries and to vest title thereto in the Buyer or its nominee to any of the foregoing, including without limitation assignments of title, patent, trademark and copyright applications, assignments of patents, trademarks and copyrights upon issuance, a Patent Assignment in substantially the form attached hereto as Exhibit C and a Trademark Assignment in substantially the form attached hereto as Exhibit D; (iv) Buyer pay the Cash Consideration required to be paid at Closing and issue the Shares required to be issued at the Closing, in each case pursuant to Schedule 1.2(a); (v) Seller with shall deliver to the Escrow Agent (as defined shipping instructions within seven (7in the Escrow Agreement) business days following receipt certificates representing shares of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods common stock (the “Alliance Shares”) having a value of $1 million, based on the average of the reported last bid prices of Seller’s common stock in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer the over-the-counter market for the Goods10 trading days immediately preceding the Closing Date; and (vi) Seller and Buyer shall deliver or cause to be delivered to one another such other instruments and documents reasonably necessary or appropriate to evidence the due execution, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced delivery and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment performance of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms Unless otherwise specified, all sales of fabrics and sleeves shall be shipped DAP (per Incoterms® Incoterms 2020) are stated on each Order. All Orders must include Buyer’s designated location. Unless otherwise specified, all sales of rolls are EXW (Incoterms 2020) VOITH’s facility or forwarderother point of shipment designated by VOITH. Unless otherwise specified, all sales of specialty Products will be shipped at Buyer’s address and are assumed expense to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shippingone destination, and credit informationVOITH shall invoice Buyer for the cost of such shipping. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment Transportation costs incurred by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery VOITH for delivering Products from a local storage facility to Buyer’s representative or designee, or (D) mailing designated location will be added to any invoice. Buyer shall bear the cost of an invoice any extraordinary shipping methods. Buyer shall bear all risk of loss and damage to Buyerspecialty Products while in transit. Buyer shall arrange and pay for transport of all Buyer rolls that ▇▇▇▇▇ agrees sends to provide Seller with defined shipping instructions within seven VOITH for performance of Services (7) business days following receipt "Buyer Rolls"), both to and from VOITH’s facility. If, for any reason beyond the control of packing list provided by Seller. Title to Goods will pass to Buyer on tender of deliveryVOITH, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for carrier does not pick up any loss or damage in transit, so long as Seller receives the claim Buyer Roll within five (5) calendar 15 days of completion of Services on the Buyer Roll, VOITH may prepare the Buyer Roll for shipment and, after written notification to Buyer, ship the Buyer Roll to Buyer at Buyer’s sole expense and risk of loss. If VOITH arranges for shipment of Buyer Rolls, whether to a VOITH facility or back to a Buyer facility, VOITH does so on ▇▇▇▇▇’s behalf solely as an accommodation to Buyer and VOITH shall have no liability arising from doing so. Buyer shall be responsible for all amounts owed to and making any claims against carriers and other providers of freight or delivery of services for Buyer Rolls. The foregoing applies even if VOITH contracts with the Goods. All claims will be waived unless accompanied by a delivery receiptcarrier or other provider, signed by freight vendor’s agent at time of delivery, on which receipt prepays the loss or damage has been notedcharges and adds them to its invoice to Buyer.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Seller shall cause timely delivery of the correct quantity of Products specified in an Order. All Orders must include Buyer’s or forwarder’s address and are assumed Time is of the essence with respect to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s locationobligations hereunder. Seller shall ensure that it provides Buyer with regular order updates and with an Advanced Shipping Notification (ASN) once the Products are being transported to Buyer, (C) confirming that the Products are in transit and the mode of transportation. If delivery of Products is not completed by the specified delivery date, Buyer reserves the right, in addition to its other rights, to return Products or terminate all or part of an Order and charge Seller with all costs, expenses and damages associated with such return or termination. Seller shall include a packing slip in a waterproof envelope secured to package on all shipments. Seller shall pack all Products in accordance with any instructions provided by Buyer and in accordance with good commercial practices to ensure that no damage results from weather or transportation. The packing slip must adhere to Buyer’s representative specifications, as amended from time to time. Seller must, amongst other things, display the complete Order number and Product part number on the outside of each delivered package or designee, or (D) mailing of an invoice box and the label must strictly adhere to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure the Buyer’s payment or performance to Seller, even if freight is included or prepaidwritten instructions. If Seller holds Goods at an Order comprises multiple boxes, a master label must also be provided in accordance with the Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, instructions. FAILURE TO DO SO WILL ENTITLE THE BUYER TO REJECT A DELIVERY. Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process shall strictly comply with ▇▇▇▇▇’s claim against delivery instructions contained on an Order. Irrespective of any delivery instructions stated elsewhere, prices charged to Buyer for goods are for delivery in accordance with 2020 Incoterms FCA. Risk of loss shall remain with Seller until delivery to Buyer’s facility or other designated location and acceptance after inspection by Buyer. No charges for blocking, boxing, crating, dunnage, cartage, drayage or packaging will be allowed without the freight vendor for specific prior written approval of Buyer. Seller shall ensure that Product packaging and protection are suitable to keep the Products and all parts in good condition during its transportation to Buyer and its storage in Buyer’s facilities thereafter. Buyer, at its option, may return to Seller Products delivered earlier than the date specified on the Order, at Seller’s sole risk and expense and/or withhold payment until the otherwise applicable payment period. The quantity of any loss or damage in transit, so long goods that are delivered as Seller receives the claim within five (5) calendar days of delivery part of the GoodsProducts may not be greater or less than the amount specified in the applicable Order unless otherwise agreed to by Buyer in writing. All claims will Buyer, at its option, may return overshipments to Seller at Seller’s expense. If Buyer so returns Products in either case, Seller’s account shall be waived unless accompanied by a delivery receiptdebited for the total amount or portion of any invoices (including shipping and freight expenses and taxes, signed by freight vendor’s agent at time of deliveryif applicable), on which receipt the loss or damage has been notedpaid thereon.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each Order. All Orders must include Buyer’s For barge or forwarder’s address and are assumed vessel deliveries, the Commodity shall be delivered to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur Buyer FOB barge or vessel at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by SellerDelivery Point. Title to Goods and risk of loss of the Commodity will pass to Buyer on tender as the Commodity is progressively loaded into each barge or vessel. Buyer or its Transporter shall furnish suitable barges or vessels for delivery of the Commodity. Seller shall arrange for and pay all costs of transporting the Commodity to the Delivery Point and loading the Commodity into barges or vessels to the proper draft and proper distribution in the barges or vessels. Buyer shall arrange for and pay all costs for transporting the Commodity by barge or vessel from and after the Delivery Point to its destination. If the Delivery Point is at a Delivery Point such that the Commodity will have been transported by barge or vessel prior to delivery, subject then title to and risk of loss to the Commodity will pass upon the earlier to occur of (i) the safe and proper mooring of the barge(s) or vessel(s) at the Delivery Point loading dock or discharge point or (ii) other transfer of the custody and control of the barge(s) or vessel(s) to Buyer or Buyer’s Transporter. (b) For rail or truck deliveries, the Commodity shall be delivered to Buyer FOB railcar(s) or FOB truck at the Delivery Point. Title to and risk of loss of the Commodity will pass to Buyer as it is progressively loaded into the truck or railcar. Buyer shall furnish suitable railcars or trucks for loading and delivery of the Commodity. If the Delivery Point is at a location such that the Commodity will have been transported by railcar or truck prior to delivery, then title to and risk of loss to the Commodity will pass upon the earlier to occur of (i) the safe and proper placement of the railcars or trucks at the Delivery Point or (ii) other transfer to Buyer (or Buyer’s Transporter) of the custody and control of the railcars or trucks. (c) If either Party is charged for any increased transportation charges or other costs, including demurrage, attributable to the other Party’s failure to timely load or unload the Commodity in accordance with the terms of the Transaction or the timing and tonnage requirements of the Transportation Specifications, such failing Party shall reimburse the other for such charges. (d) Notwithstanding anything to the contrary contained in this Agreement, if Buyer fails to take delivery of any quantity of the Commodity made available for delivery (either over the whole period of this Agreement or any shorter periods as may be applicable under this Agreement), such undelivered quantity shall, at Seller’s right 's option, cease to stop Goods in transit and be deliverable to Buyer under this Agreement, such undelivered quantity shall be deducted from the total quantity of the Commodity, without prejudice to any interest of Seller reserved to secure Buyer’s payment other rights or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines remedies that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goodshave against Buyer, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, sell or otherwise dispose of such undelivered quantity of the Commodity at its option, ship the Goods sole and absolute discretion. The provisions of this Section shall apply whether Buyer is to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares receive a single delivery or indicates an intention to not accept more than one delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms 6.1 Seller shall deliver Products both in quantities and at times specified on the Contract. Unless otherwise stated in the Contract, Products shall be delivered FCA or DAP (per Incoterms® 2020Incoterms 2010) Purchaser’s designated manufacturing facility, with export customs formalities completed by Seller and title will transfer upon receipt of the Products by Purchaser at such facility. Seller shall adhere to shipping directions specified by Purchaser. Purchaser shall not be required to make payment for Products delivered to Purchaser that are stated on each Order. All Orders must include Buyer’s or forwarder’s address in excess of firm quantities and are assumed to authorize immediate release upon ready-to-ship status unless otherwise delivery schedules specified in writingthe Contract. All shipping dates are approximate; production will Seller shall not begin until receipt procure, produce or ship any Products unless authorized in writing by Purchaser or as necessary to meet specific delivery dates. Shipments in excess of those authorized by Purchaser may be returned to Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesexpense, and Purchaser may debit Seller for the cost of such returns. Goods invoiced Purchaser may change shipping schedules or direct temporary suspension of such scheduled shipments. Purchaser may change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price of Products. Premium shipping expenses and/or other expenses necessary to meet delivery schedules set forth in the Contract shall be Seller’s sole responsibility. 6.2 Seller shall provide packing slips for all shipments. Packing slips and held at any location for whatever reason will be at Buyer’s risk other shipping documents and Seller may charge for (but is not obligated memos, such as bills of lading, shall show the Purchase Order number, part number, vendor, and item and reference numbers. For each international shipment, in addition to carry) insurance. If Buyer fails to provide shipping instructionsthe packing list, Seller mayshall include a customs valuation invoice (pro forma or “Commercial Invoice”, at its option, ship using the Goods to Buyer at the address specified value set forth in the applicable Order Purchase Order), with a master packing slip and invoice Buyer for the Goodsshall furnish all other required export/import documents. ▇▇▇▇▇ agrees Export and trade credits shall belong to make payment Purchaser. Seller shall furnish (a) all documents required to obtain export credits and customs drawbacks; (b) certificates of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt origin of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods materials and Products provided and the value added in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.each country;

Delivery. (a) Delivery terms of the Display Products to Buyer shall be made EXW (per Incoterms® ExWorks), Crated, at the Shipment Availability Location (Incoterms 2020). Nanolumens shall substantially meet the agreed Shipment Availability Date. If a desired Shipment Availability Date is indicated on an Accepted Order, such date is an estimate based on current and expected factory loads. Nanolumens assumes no responsibility for loss, damage or consequential damage resulting from the actual Shipment Availability Date being after any desired Shipment Availability Date indicated in an Accepted Order. (b) are stated on Buyer shall, at its sole risk and expense, be required to arrange for or provide the following with respect to each Order. All Orders must include Display Product purchased by Buyer: (i) Within five (5) days of the Shipment Availability Date, transportation of the Display Products from the Shipment Availability Location; (ii) Clearing of the Display Product through customs of the importing country if the Buyer is shipping the Display Product from the Shipment Availability Location to a location outside the United States; (iii) Installation of the Display Product; and (iv) At Buyer’s sole discretion, insurance on the Display Products on or forwarder’s address and after the Shipment Availability Date on which date risk of loss of a Display Product shall transfer to Buyer. (c) If the Display Products are assumed not shipped from the Shipment Availability Location within five (5) days after Nanolumens submission of the Shipment Availability Notice to authorize immediate release upon ready-to-ship status unless otherwise specified in writingthe Buyer Representative, then Nanolumens will, subject to storage availability at the Shipment Availability Location as solely determined by Nanolumens, store the Display Products at the Shipment Availability Location or such other location solely determined by Nanolumens. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shippingNanolumens reserves the right to invoice Buyer, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven pay, ▇▇▇▇▇▇▇▇▇▇’ then current storage and handling fees for all storage and handling of the Display Products and/or to ship the Display Products in place after the five (75) business days following receipt of packing list provided by Sellerday period described in the preceding sentence. Goods shipped in place shall be deemed delivered at such time. Title to Goods will goods shipped in place shall pass to Buyer on tender pursuant to Section 5 below. Buyer shall bear all-risk of delivery, subject to Seller’s right to stop Goods loss for goods shipped in transit and to place. (d) Buyer may arrange for inspection at the Shipment Availability Location of a Display Product at any interest of Seller reserved to secure time during a five (5) day period after the Shipment Availability Date. Buyer’s payment failure to give notice to Nanolumens of any claim within ten (10) days after the Shipment Availability Date with respect to a Display Product or within ten (10) days after performance of a Service shall constitute an unqualified acceptance thereof. Notwithstanding the foregoing, no acceptance conditions apply to SellerBuyer’s purchase of Display Products or Services. Any defects in material or workmanship, even if freight or mis-shipment, shall be provided for under the Nanolumens Warranty. (e) If delivery site is included or prepaidnot ready for delivery at agreed upon Shipment Availability Date, Nanolumens will invoice in accordance with Section 3. If Seller holds Goods at Buyer’s instruction or because delivery site is not ready and Nanolumens dispatches personnel, ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced responsible for reimbursement of reasonable time and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. expenses incurred by ▇▇▇▇▇▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. said dispatch. (f) If Buyer declares or indicates requests an intention order scheduled to not accept deliverybe shipped as a single order be broken up and shipped in multiple stages, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes must request a written requestchange order whereby the parties can establish payment terms. If no change order is mutually agreed to then the Buyer will be required to meet the payment terms of the Accepted Order. (g) Should Nanolumens be required to hold Display Products at its warehouse, Selleror a third-party location, in its sole discretion, may agree as a service because of Buyer’s inability and/or refusal to Buyer to process accept product shipment upon ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery receipt of the Goods. All claims will Shipment Availability Notice, Nanolumens shall invoice Buyer and Buyer shall pay for all storage and handling at Nanolumens’ then current storage and handling fees. (h) Upon Acceptance, all amounts due under an Accepted Order shall be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.paid in full and Buyer shall

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, designee or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, deliver and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020a) are stated RORA MOTION will use commercially reasonable efforts to deliver the Goods on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of before the requested delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of deliverydate, subject to Seller’s right availability of raw materials and finished Goods. Delivery dates are estimates only and are without obligation unless RORA MOTION has expres1sly confirmed otherwise. RORA MOTION shall not be liable for or in respect of any loss or damage arising from any delay in filling any order, failure to stop deliver or delay in delivery. Delivery is subject to RORA MOTION timely receiving the correct supplies to manufacture the Goods. RORA MOTION will notify Buyer of any delays in procuring such raw materials and, should there be a delay in obtaining such raw materials, the delivery date will be postponed by an appropriate period by RORA MOTION. (b) Unless otherwise agreed in writing by the parties, RORA MOTION will make the Goods in transit and available to any interest of Seller reserved to secure Buyer or Buyer’s payment or performance carrier at [RORA MOTION FACILITY] (the “Delivery Point”) using RORA MOTION’s standard methods for packaging and making available such Goods. Buyer shall take delivery of the Goods within five (5) days of RORA MOTION’s written notice that the Goods have been delivered to Seller, even if freight is included or prepaidthe Delivery Point. If Seller holds Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at Buyer’s instruction the Delivery Point. No delay in the shipment or because ▇▇▇▇▇ has failed to supply shipping instructions delivery of any Goods relieves Buyer of its obligations under this Agreement, including accepting delivery of any remaining installment or because Sellerother orders of Goods. RORA MOTION may, in its sole discretion, determines that any part without liability, make partial shipments of Goods should be held to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s accountpurchase order. If, Seller may invoice Buyer for the Goodsany reason, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping accept delivery of any of the Goods on the date fixed pursuant to RORA MOTION’s notice, or if RORA MOTION is unable to deliver the Goods on such date because Buyer has not provided appropriate instructions, Seller maydocuments, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer as of such date; (ii) the Goods shall be deemed to have been delivered as of such date; and (iii) RORA MOTION, at its option, ship may store the Goods to until Buyer at the address specified in the applicable Order picks them up, whereupon Buyer shall be liable for all related costs and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept expenses (including, without limitation, storage and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedinsurance).

Delivery. Delivery terms (per Incoterms® 2020a) Time is of the essence on all deliveries. Unless otherwise indicated, the delivery date(s) for this order are stated the dates required on each Orderthe face hereof. All Orders HSY may cancel or (b) Seller may not rely on a course of performance, prior course of dealings or trade usage to imply an agreement to extend the specified time of delivery. (c) If delivery date(s) cannot be met, Seller must include Buyerimmediately inform HSY in writing of Seller’s best possible delivery date(s) subject to HSY’s acceptance. In addition to any other rights and remedies HSY may have under this Order or forwarder’s address and provided by law, if deliveries are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur made at the earliest of (A) acceptance of shipment by designated shippertime agreed upon, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide HSY may request that Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods by different and/or expedited delivery (cost of alternative means of or expedited shipment to Buyer at the address specified be borne exclusively by Seller), or cancel this Order in the applicable Order whole or in part and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept purchase comparable Goods elsewhere and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, hold Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor accountable for any loss or damage additional cost arising from such expedited delivery or cancellation. (d) The Goods may not be manufactured, packaged, stored, sampled or tested at or shipped from any location other than the facility on the face of this Order or the Specifications without HSY’s prior written consent. (e) Any property owned by HSY which is in transitSeller’s care, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims custody, or control, will be waived unless accompanied insured by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the Seller against loss or damage has been noted.resulting from fire, or allied perils. Property insurance will be provided on an all risk basis, subject only to standard industry exclusions. The property of HSY will be insured for replacement cost, with HSY to be included as loss payee. Upon request, Seller will supply HSY with a certificate of insurance, meeting the requirements of HSY as determined in its sole and absolute discretion, covering the same and listing Seller as insured and HSY as loss payee providing that HSY will receive at least thirty

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s forwarder address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesrate per pallet, per day stored. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been noted.

Delivery. Delivery terms (per Incoterms® 2020) a. If the Goods are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed delivered, the Customer authorises Gleason Cranes to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇▇▇ ▇▇▇ ▇oods to the place nominated by the Customer and to leave the Goods at such place whether or not any person is present to accept delivery. Gleason Cranes is ▇▇▇ ▇▇liged to obtain a signed receipt, signed delivery docket or other acknowledgment of the Goods from any person at the nominated place for delivery, but if such signature or acknowledgement is obtained from a person reasonably believed by Gleason Cranes to ▇▇▇▇ ▇▇▇▇▇▇▇▇y to sign for or otherwise take delivery of the Goods, then such signed receipt, signed delivery docket or other acknowledgment will be conclusive evidence of the Customer’s acceptance of the Goods. b. The Customer must provide a suitable and safe area at the nominated delivery site to unload the Goods and ensure that Gleason Cranes (o▇ ▇▇▇▇▇’s, employees or contractors of Gleason Cranes) u▇▇ ▇▇ the nominated delivery site is compliant with relevant work health and safety legislation. c. Delivery of the Goods is deemed to occur when they are handed to the Customer or the Customer’s representative, whichever occurs first. Gleason Cranes wi▇▇ ▇▇▇ be liable on any basis whatsoever for loss suffered by the Customer after the Goods are delivered. d. The Customer agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to examine the Goods will pass to Buyer on tender of immediately after delivery, subject to Seller’s right to stop Goods in transit . e. The Customer must pay and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because Gleason Cranes re▇▇▇▇▇▇ has failed the right to supply shipping instructions or because Seller, charge the Customer all costs and fees incurred as a result of: i. any delay in its sole discretion, determines that any part delivery of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods which is caused by the Customer or the conditions of the nominated delivery site or the nature of the Goods being delivered; ii. any unexpected labour or additional costs in connection with the delivery; and iii. any permit or licence or other extraordinary costs of transporting or delivering the Goods (including wide or long loads). f. If Gleason Cranes ar▇ ▇▇▇▇▇e to Buyer at deliver the address specified in Goods due to the applicable Order and invoice Buyer for the Goods. Customer, Gleason Cranes re▇▇▇▇▇ ▇he right to store the Goods or deliver the Goods to any nominated delivery site and charge the Customer all costs of storage or delivery (as applicable) incurred by Gleason Cranes fo▇ ▇▇▇▇ storage or delivery. g. The Customer agrees to make payment indemnify and hold Gleason Cranes (o▇ ▇▇▇▇▇’▇, ▇▇▇loyees or contractors of such invoice when due under this Agreement. Buyer will accept Gleason Cranes) f▇▇▇ ▇▇▇ and pay for partial deliveries at the Agreement prices all claims, loss and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt damage arising out of: i. Delivery of the initial shipment. Buyer may not make Goods (including any deduction from any payment due because of loss or damage cause by delivering the Goods to Goods an unattended site and loss or damage suffered by Gleason Cranes as ▇ ▇▇▇▇lt of any property damage or personal injury caused by the delivery and unloading the Goods); ii. The Customer’s failure to provide a safe, suitable and compliant nominated delivery site in transit. If accordance with clause 9(a); except to the extent that Gleason Cranes (o▇ ▇▇▇▇▇’▇, ▇▇▇loyees or contractors of Gleason Cranes) h▇▇▇ ▇▇▇▇▇▇▇▇▇ makes a written requestan act of negligence, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery breach of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time law or breach of delivery, on which receipt the loss or damage has been notedAgreement.

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Ordertakes place by an external carrier, by NEXT LUBRICANTS BV or the buyer organises the transport. All Orders must include Buyer’s or forwarder’s If NEXT LUBRICANTS BV provides for delivery then this always takes place to the delivery address and are assumed of the buyer lastly communicated to authorize immediate release upon ready-to-ship status NEXT LUBRICANTS BV by the buyer. NEXT LUBRICANTS BV is entitled to charge an advance. After payment of the advance delivery to the buyer shall take place, unless otherwise specified in writingthe parties stipulate otherwise. All shipping dates are approximate; production will not begin until The buyer is held to take receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur the goods at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods moment that NEXT LUBRICANTS BV delivers or has these delivered to Buyer the same or at location other than Seller’s location, (C) delivery the moment that they are made available to Buyer’s representative the same according to the agreement. Upon arrival the buyer is held to immediately provide opportunity to unload in an installation suitable for the goods. If the buyer refuses to take receipt or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees fails to provide Seller with defined shipping information or instructions within seven (7) business days following receipt that are required for the delivery then NEXT LUBRICANTS BV is entitled to store the goods at the expense and risk of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaidthe buyer. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed the buyer does not take receipt within one month then the buyer remains liable to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for pay the Goods, sales prices as well as for storageany and all additional costs, including in any case transport and storage expenses, and NEXT LUBRICANTS BV shall be entitled to sell the goods to another party. Storage fees will Should this not be successful then NEXT LUBRICANTS BV shall be entitled to destroy the goods. The damages incurred by NEXT LUBRICANTS BV in case of a resale or destruction are at Seller’s standard ratesthe expense of the buyer. Goods invoiced and held In case of delivery COD (cash on delivery) by an external carrier NEXT LUBRICANTS BV always charges cash on delivery charges to the buyer. If the buyer organises a carrier then this shall take place at any location for whatever reason will be at Buyer’s the risk and Seller may charge expense of the buyer and NEXT LUBRICANTS BV cannot be held liable for (but is not obligated to carry) insurancethe same. If Buyer fails NEXT LUBRICANTS BV specified a period for delivery then it shall be approximate. A specified delivery period is therefore never a fatal deadline. In case of an overstepping of a period the buyer must first give NEXT LUBRICANTS BV written notice of default and give it a reasonable period in order to provide shipping instructionsyet deliver. In addition the delivery period always applies under the proviso of uninterrupted working conditions and supply of material, Seller may, at its option, ship uninterrupted transport and timely delivery by suppliers of NEXT LUBRICANTS BV in such manner that NEXT LUBRICANTS BV is able to comply with the Goods delivery period. If NEXT LUBRICANTS BV requires data from the buyer within the framework of the implementation of the agreement then the delivery period takes effect after the buyer has made these available to Buyer at NEXT LUBRICANTS BV. An overstepping of the address specified delivery period shall never entitle the buyer to claim compensation or not to comply with an obligation deriving from the agreement on the part of the same. NEXT LUBRICANTS BV is authorised to deliver or have delivered the goods in the applicable Order and parts. NEXT LUBRICANTS BV is entitled to invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedseparately.

Delivery. Delivery terms (per Incoterms® 2020a) are stated on each OrderTime for delivery is given as accurately as possible but is not guaranteed. All Orders must include Buyer’s The Purchaser shall have no right to damages or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writingcancel the order for failure for any cause to meet any delivery time stated. All shipping dates are approximate; production The Seller will not begin until receipt be under any circumstance responsible for the penalties, charges or costs that the Purchaser may have agreed or be liable to with any third party. ETA (Expected Delivery Times) will be recalculated once valid purchase order has been received, accepted and advance payment has been received. (b) If the Purchaser refuses or fails to take delivery of Goods tendered in accordance with the Contract the Seller shall be entitled to immediate payment in full for the Goods so tendered. The Seller shall be entitled to store at risk of the Purchaser any Goods which the Purchaser refuses or of which he fails to take delivery and the Purchaser shall in addition to the price pay all costs of such storage and any additional costs or carriage incurred as a result of such refusal or failure. Refusal by the Purchaser to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller's right to recover damages for such refusal. The Seller shall be entitled after the expiration of complete manufacturing, shipping, and credit information. Tender 28 days from the date on which the price became payable to dispose of delivery is the Goods in such manner as it may determine. (c) Subject to the provisions of sub-Condition 7(e) (where applicable) the Goods shall unless delivered by the Seller's own transport or by a carrier on behalf of the Seller be deemed to occur at have been delivered and the earliest risks therein to have passed to the Purchaser upon their transfer to a carrier named by the Purchaser or two days after the Seller notifies the Purchaser that the Goods are available for collection whichever is the earlier. (d) Where the Goods are to be delivered by the Seller's own transport or by a carrier on behalf of (A) acceptance of shipment by designated shipper, (B) allocation of Goods the Seller the risk therein shall pass to Buyer at location other than Seller’s location, (C) the Purchaser upon delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender the designated point of delivery, subject to Seller’s right to stop . (e) In any case where Goods are sold CIF or FOB or on the basis of any other international trade term the meaning of such term contained in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even INCOTERMS (2010 edition) shall apply as if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that expressly incorporated herein except insofar as any part of the same may be inconsistent with any of the provisions contained in these Conditions. (f) Where Goods should are sold FOB the Seller shall be held for Buyer’s account, under no obligation to give to the Purchaser the notice specified in section 32(3) of the Sale of Goods Act 1979. (g) Goods may be delivered by instalments in which event the Seller may invoice Buyer for each instalment separately and the GoodsPurchaser shall pay such invoices in accordance with these Conditions. If the Purchaser fails to make any payment in respect of any instalment when it becomes due then, as well as for storage. Storage fees will be at without prejudice to any other rights of the Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and , the Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment withhold deliveries of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery further instalments of the Goods. All claims will be waived unless accompanied Any failure by a delivery receipt, signed by freight vendor’s agent at time the Seller to comply with its obligations in respect of delivery, on which receipt any one or more instalments shall not affect the loss or damage has been notedother instalments under the Contract.

Delivery. Delivery terms If the Purchaser has inserted a delivery or completion date on the face of this Purchase Order, the Purchaser reserves the right to cancel this Purchase Order if said date is not met or if, prior to said date, after inquiry by Purchaser, Seller fails to provide adequate assurance, and Purchaser thereby reasonably believes that the Purchaser's delivery or completion date will not be met. Purchaser also reserves the right to assess a reasonable Chargeback if Seller fails to meet its delivery or completion date on the face of this Purchase Order in accordance with the Chargeback Policy set out in the Standard on Marking, Packaging and Routing Guide (per Incoterms® 2020) the “Standard”), which is expressly incorporated herein by reference. If a delivery or completion date is not specified on the face of this order, a reasonable time will be allowed. The delivery dates indicated by the Purchaser for the articles, material or work to be supplied under this purchase order are stated on each Orderof the essence. Deliveries shall be made by Seller strictly in accordance with the instructions specified herein. All Orders shipments must include Buyerbe packed to conform to Purchaser’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shippingspecifications, and credit informationPurchaser may reject all or part of any delivery based on non-conformance. Tender Failure to meet agreed- upon delivery dates shall be considered a breach of the contract. Unless otherwise agreed in writing by both parties, Seller shall not make commitments for material or production in excess of the amount or in advance of the time necessary to meet Purchaser’s delivery schedule. It is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s locationresponsibility to comply with this schedule, (C) delivery but not to Buyeranticipate Purchaser’s representative or designee, or (D) mailing requirements. Goods shipped to the Purchaser in advance of an invoice schedule may be returned to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard ratesexpense. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller During the term of this Purchase Order, the Purchaser may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer Seller requesting that Seller is ready implement certain Consignment and willing Make and Hold. Except as otherwise mutually agreed upon by the parties, the terms and conditions of this Purchase Order apply to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long as Seller receives the claim within five (5) calendar days of delivery of the Goods. All claims will be waived unless accompanied by a delivery receipt, signed by freight vendor’s agent at time of delivery, on which receipt the loss or damage has been notedFlexible Delivery Program.