Common use of Delivery Clause in Contracts

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless otherwise agreed otherwise in writing by the partiesSeller, all delivery of Goods shall take place at Seller’s place of business. Services shall be provided at such venue(s) specified in Seller’s quotation. Buyer shall take delivery of Goods within 10 days of Seller giving it notice that Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 ready for delivery. Any dates quoted specified by Seller for delivery of the Goods or performance of Services are approximate only, intended to be an estimate and time of for delivery is shall not be made of the essence. 4.3 In the event of delay in essence by notice. If no dates are so specified, delivery, Buyer /performance shall give written notice to Seller requiring the delivery to be made within 14 daysa reasonable time. Subject to Condition 4.4the other provisions hereof, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Goods or Services where (even if caused by Seller’s negligence), nor shall any delay entitle Buyer failed to provide written notice in accordance with Condition 4.3 terminate or rescind the Contract unless such delay exceeds 180 days. If for any delay that reason Buyer fails to accept delivery of Goods when ready, or Seller is caused byunable to deliver Goods on time because Buyer has not provided appropriate instructions, documents, licences or authorisations: (i) a Force Majeure Event or risk in Goods shall pass to Buyer; (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will shall be deemed to have been delivered by the due date delivered; and (iii) Seller may charge store Goods until delivery, whereupon Buyer shall be liable for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance)costs. Following written notice to ▇▇▇▇▇, The quantity of any consignment of Goods as recorded by Seller may also sell any on despatch from Seller’s place of business shall be conclusive evidence of the Goods quantity received by Buyer on delivery, unless Buyer can provide conclusive evidence proving the contrary. Buyer shall provide Seller in a timely manner and at no charge access to its facilities as required by Seller to perform Services, informing Seller of all health/safety rules and security requirements. Buyer also shall obtain and maintain all licenses/consents and comply with all legislation in relation to the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price Services. If Seller’s performance of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to SellerServices is prevented/delayed by any act/omission of Buyer, such Packages Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made pay Seller all costs incurred by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing (a) Subject to this Section 2.07, Supplier shall Deliver the Product by the partiesSpecified Delivery Date in accordance with each Purchase Order and shall bear all costs and expenses related to such Delivery. Unless otherwise agreed, all Goods are delivered FCA Deliveries of Product shall be made by forwarders used by Historical Supplier within the twelve (“Free carrier” as defined 12) months immediately preceding the Effective Date, provided that Purchaser or Supplier may request the replacement of a forwarder (e.g., for reasonable quality reasons) in INCOTERMS 2020®) which case the Parties shall discuss and agree in good faith on a solution acceptable for both Parties. All transport packaging and preparation for Delivery will be done in accordance with the standards used at the place specified Facility immediately prior to the Effective Date, the Compliance Requirements and applicable good storage and good distribution practices, including the use of data loggers, packaging dimensions and transport protection. Any change thereof shall be deemed a change to be handled and reimbursed in the Order Confirmationaccordance with Section 2.02(c). 4.2 Any dates quoted (b) If Supplier or Purchaser becomes aware of any unexpected problem that may require the Specified Delivery Date to be rescheduled, it shall promptly inform the other Party and submit a commercially reasonable proposal for a new delivery date. Supplier and Purchaser shall cooperate to agree upon such new delivery date in good faith. If Supplier is unable to fulfill the applicable Purchase Order within three (3) months after the Specified Delivery Date or another mutually agreed delivery date, as applicable, Purchaser may, in its sole discretion, without incurring any cost, expense, or penalty, cancel such Purchase Order. (c) All Product Delivered under this Agreement by Supplier shall be shipped on the basis of the Shipping Terms and Delivery of Product shall be completed upon delivery of the Goods Product in accordance with the Shipping Terms. (d) Supplier shall have no liability for any failure or performance delay in Delivering an Order to the extent that the failure or delay is caused by Purchaser’s failure to deliver Granules in accordance with Section 2.05(g). (e) Each delivery of Services are approximate onlyan Order shall be accompanied by a delivery note from Supplier showing the Order number, and time of delivery is not the date of the essenceOrder and the quantity of Product (in grams) included in the Order. 4.3 In (f) If, in respect of an Order, Supplier Delivers up to and including 10 percent (10%) more or less than the event quantity of delay the Product set forth in delivery, Buyer that Order: (i) Purchaser shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall not be entitled to cancel reject the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will , but a pro rata adjustment shall be limited made to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price amount of the relevant Goods.Order invoice; and 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any be a complete fulfillment of the Goods at the best price reasonably obtainable in the circumstances Order, and charge Buyer for any shortfall below the Price no amount of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages Product shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsconsidered outstanding from the Order.

Delivery. 4.1 4.1. Unless otherwise agreed otherwise in writing by the partiesEaton, all Goods are delivered FCA delivery shall be made: 4.1.1. for road freight and parcel deliveries, CPT (“Free carrier” as defined in INCOTERMS 2020®Incoterms 2010) at the place specified Buyer’s warehouse; or 4.1.2. for ocean and air freight deliveries, FCA (Incoterms 2010) at the origin loading port or warehouse as agreed between the Parties in the Order Confirmationwriting. 4.2 Any 4.2. As notified to the Buyer any dates quoted for delivery of the Goods or performance of Services Supplies are approximate only, only and time of delivery is may not be made of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 daysessence by notice. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller Eaton shall not be liable for any delay in delivery of the Goods Supplies howsoever caused. If no delivery dates are specified, delivery will be within a reasonable time. 4.3. If Eaton is satisfied that the Supplies have been short delivered, Eaton shall at its option:- 4.3.1. make up any short delivery by dispatching to the Buyer such Supplies as Eaton is satisfied were not delivered; or 4.3.2. allow the Buyer credit in respect thereof. 4.4. ▇▇▇▇▇'▇ liability shall be limited to making up the delivery or Services where Buyer failed allowing credit as above. 4.5. Where the Supplies are to provide written notice be delivered in instalments, each delivery shall constitute a separate contract and defective delivery by Eaton of any one or more of the instalments in accordance with Condition 4.3 or these Terms shall not entitle the Buyer to treat these Terms as a whole as repudiated. 4.6. If Eaton fails to deliver the Supplies for any delay that reason (other than the Buyer's fault) and Eaton is caused by: accordingly liable to the Buyer, ▇▇▇▇▇'▇ liability shall be limited to the excess (iif any) a Force Majeure Event or of the cost to the Buyer (iiin the cheapest available market) Buyer’s failure of similar goods to provide Seller with adequate instructions, information, licences or authorisations to enable replace those not delivered over the Goods or Services to be supplied on time (“Delivery Information”)price of the Supplies. 4.5 4.7. If the Buyer refuses or fails to take delivery of the Goods when they are ready Supplies or fails to give Eaton adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to reason of ▇▇▇▇▇'▇ fault) then, Seller may also sell without prejudice to any other right or remedy available to Eaton, Eaton may: 4.7.1. require payment on any reasonable basis, including but not limited to the selling price, and any additional expenses, or costs resulting from such a delay; 4.7.2. store the Supplies until actual delivery at the sole cost and risk of the Goods Buyer and charge the Buyer for the reasonable costs (including handling and insurance) of storage; or 4.7.3. sell the Supplies at the best price reasonably readily obtainable in and (after deducting all reasonable storage and selling expenses) account to the circumstances and Buyer for the excess over the price under these Terms or charge the Buyer for any shortfall below the Price price under these Terms; and 4.7.4. payment of any amounts contemplated in clauses 4.7.1, 4.7.2 or 4.7.3 shall be due by the Buyer within thirty (30) days from the date of Eaton´s invoice. 4.8. If Eaton holds any of the Goods under Supplies contemplated in clause 4.7 on the ContractBuyer’s behalf in excess of three (3) months from the the time stated for delivery, Eaton shall be entitled to terminate the agreement in respect of such Supplies. In the event that any part of the price for such Supplies was paid by the Buyer prior to such termination, Eaton shall repay such amounts after deducting all costs incurred by Eaton in respect of such Supplies prior to termination. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable 4.9. The Buyer shall not refuse to Sellerreceive Supplies due to minor defects. 4.10. Buyer shall provide any information and documents required for export, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value transport and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimport purposes.

Delivery. 4.1 A. Lead Time Lead time represents the period of time required by Seller to procure Components, manufacture and deliver a finished Product beginning with the receipt of a Purchase Order for the Product and ending with the shipment of the finished Product. Seller shall provide Issuing Party a lead time which, at a maximum, represents the longest Component lead time plus one week. B. Timely delivery is an important requirement of Buyer. Delivery performance shall be measured by on-dock date against the agreed delivery date. The delivery target is either the specified delivery date or the immediately preceeding day. C. To achieve Buyer's Just-In-Time goals, Seller agrees to perform frequent on-time deliveries, maintain regional warehouses, or establish "in-house stores" maintained at the Buyer's production sites. D. Unless otherwise set forth in the Purchase Order, and mutually agreed otherwise in writing by the partiesboth Parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) title and risk of loss shall pass to Issuing Party at the named place specified in of destination as indicated by the Order ConfirmationIssuing Party. Seller shall consult the Issuing Party on the freight method and carrier and, when Issuing Party is paying for freight, use Issuing Party's prescribed freight method and carrier. 4.2 Any E. If Seller delivers Product before the specified delivery date, Issuing Party may, at its option, return such Product at Seller's risk and expense for subsequent delivery on the specified delivery date or retain such material and make payment to terms as if the shipment had been delivered on the specified delivery date. -------------------------------------------------------------------------------- Iomega WS, Supplier RM Rev. P, July 30, 1997 -- -- Page 6 of 26 -------------------------------------------------------------------------------- F. Changes to delivery dates quoted may only be approved by the authorized purchasing representatives for delivery the Issuing Party. The Issuing Party may, without cost or liability, issue change requests for Product quantities and schedule dates in accordance with the Flexibility Agreement. Written confirmation or rejection of any change request will be sent by Seller to the Issuing Party within three (3) business days of receiving a change request, and the Issuing Party shall provide a confirming Purchase Order change within three (3) business days of receiving Seller's confirmation. Seller must accept any change requests within the terms of the Goods or performance Flexibility Agreement Requests that fall outside the scope of Services are approximate onlythe Flexibility Agreement will be mutually agreed to as to quantity, timing, and time of delivery is not of the essencecost, and will become effective only after Parties reach a mutual agreement. 4.3 G. Seller shall notify Issuing Party in writing immediately if Seller has knowledge of any event which could result in any change to the agreed delivery plan. H. In the event of delay in deliverythat Product scheduled for delivery is more than [*] business days late, Buyer shall give written notice Seller agrees to use Issuing Party's preferred carrier (or other transportation mode) if requested by Issuing Party. Seller agrees to absorb any incremental premium transportation cost on such late shipment. In the event that Product scheduled for delivery is more than [*] business days late the Issuing Party may purchase substitute Product elsewhere with no liability to Seller requiring whatsoever, except to the delivery extent that failure to be made within 14 days. Subject to Condition 4.4deliver is caused by Issuing Party, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)late delivery. 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted All Products shall be packed for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, ground transportation. Buyer shall give written notice provide Seller with detailed shipping instructions prior to Seller requiring the delivery to be made within 14 daysshipment. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable responsible for any delay increased costs or delays in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to resulting from ▇▇▇▇▇’s failure to supply such instructions in a timely manner. All specified delivery dates reflect Seller’s best estimates, and Seller reserves the right to modify the delivery dates. In the event Buyer requests a change in the scheduled delivery date within three (3) business days of the scheduled shipping date and Seller agrees to such change, a fee of $500 shall apply. Title and risk of loss shall pass to Buyer at point of delivery if Product is delivered by Seller’s truck. If delivery is not by Seller’s truck, sales are Ex Works Seller’s location. In the event Buyer requests that Seller hold or store Products beyond their delivery date, or in the event Seller is unable to take or otherwise refuses delivery of any Products, Seller may also sell any of store the Goods Products at the best price reasonably obtainable in the circumstances Buyer’s sole risk and expense and charge Buyer for shipping and storage and any shortfall below other cost or expense incident to Buyer’s request or refusal. Seller may also demand immediate payment of such items as well as the Price Products themselves. In instances of the Goods under the Contract. 4.6 If bulk carload, tank truck, and tank car shipments, Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages ’s weights shall govern. Products shall be returned packed for shipment in accordance with such instructionsSeller’s standard packing. If such Packages Buyer shall be responsible for promptly inspecting all Products to ensure that there are not so returned they will be chargeable at replacement value no “Deficiencies,” specifically that: (a) the Products were delivered without damage; and no credit will be due on Packages for which a charge have been made by Seller(b) the correct amounts, concentration levels, and types of Products were delivered. "Packages" shall include bulk tankersBUYER SHALL NOTIFY SELLER, minibulksIN WRITING, flexis, crates, boxes or other containers and pallets.OF ANY DEFICIENCIES WITHIN FIVE (5)

Delivery. 4.1 Unless agreed otherwise 3.1.1 Seller is legally bound by all delivery times set forth in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability Unless otherwise agreed in writing, part-, over-, early- or short-deliveries are not allowed. 3.1.2 Seller is obliged to immediately inform ▇▇▇▇▇ as soon as it is reasonably foreseeable for Seller that the delivery time cannot be adhered to. If Seller delivers the goods or completes the services later than scheduled, ▇▇▇▇▇ is entitled to all claims under the applicable laws including the right to withdraw from the contract and Buyer’s exclusive remedy the claim for such non-delivery will be limited to (a) refunding any sums which damages in lieu of performance if the Buyer has paid without result set a reasonable period for the undelivered Goods and Seller for performance or cure. 3.1.3 If Seller delivers the goods or completes the services later than scheduled, Buyer may assess liquidated damages of 3% (bat least EUR 500) reimbursing Buyer of the total amount of the Order per each commencing week for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods delay period. Notwithstanding the foregoing, the amount of similar description and quality liquidated damages shall not exceed 15% (at the lowest available market price, less the Price least EUR 2500) of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery total amount of the Goods or Services where Order. Buyer failed is entitled to provide written notice claim liquidated damages in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice addition to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer `s claim for any shortfall below the Price of the Goods performance under the ContractOrder. Buyer’s resort to liquidated damages for the delay period does not preclude ▇▇▇▇▇’s right to other remedies and claims. 4.6 If Seller's 3.1.4 All delivery note or package labelling states that designations are INCOTERMS 2010. The respective delivery designation is also the Packages in which the Goods place where Seller`s delivery obligations are delivered are returnable to Sellerfulfilled (place of fulfillment). Unless otherwise stated, such Packages all goods provided under this Order shall be returned delivered FCA Seller’s facility. However, goods that are to be shipped directly to Buyer’s customer or a location designated by Buyer’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“U.S.”), shall be delivered EXW Seller’s facility. The term EXW used herein is modified from the INCOTERMS 2010 definition to mean “EXW with Seller responsible for loading the goods at Seller’s risk and expense”. Buyer may specify contract of carriage in accordance all cases. Failure of Seller to comply with any such instructions. If such Packages are not so returned they will Buyer specification shall cause all resulting transportation charges to be chargeable at replacement value for the account of Seller and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or give rise to any other containers and palletslegal remedies available.

Delivery. 4.1 3.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order ConfirmationOrder, the Delivery Point shall be the Buyer’s place of business. 4.2 Any 3.2 If the Contract includes an Installation, the Buyer shall provide to bioMérieux: (a) access to its premises, systems and staff; and (b) all other necessary assistance in performing such Installation. 3.3 Times and dates quoted for delivery are business estimates only and not contractual obligations. Time therefore will not be of the Goods or performance of Services are approximate only, and time of delivery is not essence of the essence. 4.3 In Contract and provided bioMérieux makes delivery within a reasonable time (taking into account all the event of delay in delivery, circumstances) the Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall not be entitled to cancel terminate or rescind the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-Contract or claim damages in respect of late delivery will be limited unless bioMérieux has specifically agreed in writing to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred contrary on a contract by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goodscontract basis. 4.4 Seller 3.4 bioMérieux shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay performance of the Installation that is caused by: (i) by a Force Majeure Event or (ii) Event, the Buyer’s failure to provide Seller bioMérieux with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the supply of the Goods or Services to be supplied on time (“Delivery Information”)performance of the Installation, or any other act or omission of the Buyer. 4.5 3.5 If for any reason the Buyer refuses or fails to take accept delivery of the Goods when they are ready for delivery delivery, or bioMérieux is unable to provide any Delivery Information to enable deliver the Goods on time deliverybecause the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods will shall pass to the Buyer (including for loss or damage caused by bioMérieux's negligence); (b) the Goods shall be deemed to have been delivered by delivered; and (c) bioMérieux may store the due date Goods until delivery, and Seller may charge the Buyer shall be liable for all related costs and expenses (including for demurrage claimsincluding, wasted transportwithout limitation, storage and insurance). 3.6 bioMérieux may deliver the Goods, or perform the Installation, by separate instalments as agreed with the Buyer. Following Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment. 3.7 The Buyer is responsible for obtaining, at its own cost, such import licences and other consents in relation to the Goods as are required from time to time and, if required by bioMérieux, the Buyer shall make those licences and consents available to bioMérieux prior to the relevant shipment. 3.8 Any reagents supplied to the Buyer by bioMérieux under the Contract shall be packed with a minimum residual shelf life, details of which shall be provided by bioMérieux to the Buyer upon request. 3.9 bioMérieux shall not be liable for any damage or shortfall in delivery of Goods (even if caused by bioMérieux's negligence) unless the Buyer: (a) gives written notice of such damage or shortfall on the form provided by the carrier for that purpose to ▇▇▇▇▇, Seller may also sell any bioMérieux within 3 working days of delivery; and (b) submits its claim in writing to the Sales Administration Department of bioMérieux within 30 days following receipt of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price or performance of the Goods under the ContractInstallation. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Supplier shall deliver the Goods in accordance with any delivery timescales, delivery dates and delivery instructions (to include, without limitation, as to delivery location and delivery times) set out in the Specification and Tender Response Document, the Order Form or as otherwise agreed otherwise with the Authority in writing. Delivery shall be completed when the Goods have been unloaded at the 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 by (where due to an emergency such arrangements cannot be committed to writing prior to collection, the partiesParties shall confirm such arrangements in writing as soon as possible following collection). Where the Authority collects the Goods, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at collection is deemed delivery for the place purposes of the Contract. The Supplier shall ensure that a delivery note shall accompany each delivery of the Goods. Such delivery note shall contain the information specified in the Order Confirmation. 4.2 Any 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 quoted for may be refused unless the Authority has previously agreed in writing to accept such deliveries. Where delivery of the Goods or performance is refused by the Authority in accordance with this Clause 2.4 of Services are approximate onlythis Schedule 2 of these Call-off Terms and Conditions, the Supplier shall be responsible for all risks, costs and time of expenses associated with the re-delivery is not of the essence. 4.3 In Goods in accordance with the event of delay in deliveryagreed delivery times/dates. Where the Authority accepts delivery more than five (5) days before the agreed delivery date, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Authority shall be entitled to cancel charge the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid Supplier for the undelivered Goods costs of insurance and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price 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 Goods. 4.4 Seller shall not be liable for any delay in licences, all related costs, and all other costs associated with the delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date location and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any unloading of the Goods at that location. Without limitation to the best price reasonably obtainable foregoing provision of this Clause 2.5 of this Schedule 2 of these Call-off Terms and Conditions, unless otherwise stated in the circumstances Specification and charge Buyer 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 shortfall below delays to the Price 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 under and shall be liable to the Contract. 4.6 If Seller's delivery note Authority for any extra duties or package labelling states that the Packages in 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 third party carriers engaged to deliver the Goods are delivered are returnable to Seller, such Packages shall at no time be an agent of the Authority and accordingly the Supplier shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value liable to the Authority for the acts and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsomissions of all third party carriers engaged to deliver the Goods to the Authority.

Delivery. 4.1 Unless agreed otherwise The Goods shall be delivered to [insert place of delivery or state “to the place outlined by each Purchase Order”] according to the delivery schedule in writing by each Purchase Order. The cost of delivery is deemed included in the parties, all Goods are delivered FCA Price specified in each Purchase Order and the Price Schedule (“Free carrier” Annex B). The Services as defined described in INCOTERMS 2020®) Article 2.3 shall be performed at the place of delivery and completed by the same delivery date, unless otherwise stated in Article 2.3 of this Agreement. Time is of the essence in the performance of this Agreement. If the Supplier fails to make available or provide any Goods or Services within the delivery schedule stated on any Purchase Order, together with associated shipment documentation (including, without limitation, bills of lading, airway bills and commercial invoices) as are specified in the Purchase Order, this Agreement, or otherwise as are customarily utilized in the trade, IOM reserves the right to: Terminate the Purchase Order Confirmation. 4.2 Any dates quoted for delivery without liability by giving immediate notice, and to charge the Supplier any loss incurred as a result of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice Supplier's failure to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil make the delivery within 14 days, Buyer shall be entitled the time specified; or Charge liquidated damages equal to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non0.1% (one-delivery will be limited to (atenth of one per cent) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price for every day of delay or breach of the relevant Goods. 4.4 Seller delivery schedule by the Supplier. IOM shall have the right to deduct such amount from the Supplier’s outstanding invoices, if any. Such liquidated damages shall only be applied when delay is caused solely by the default of the Supplier. Acceptance of goods delivered late shall not be deemed a waiver of IOM’s rights to hold the Supplier liable for any delay in delivery loss and/or damage resulting therefrom, nor shall it act as a modification of the Goods or Services where Buyer failed Supplier’s obligation to provide written notice deliver further goods in accordance with Condition 4.3 a Purchase Order or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)this Agreement. 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise 3.1.1 Seller is legally bound by all delivery times set forth in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability Unless otherwise agreed in writing, part-, over-, early- or short-deliveries are not allowed. 3.1.2 Seller is obliged to immediately inform ▇▇▇▇▇ as soon as it is reasonably foreseeable for Seller that the delivery time cannot be adhered to. If Seller delivers the goods or completes the services later than scheduled, ▇▇▇▇▇ is entitled to all claims under the applicable laws including the right to withdraw from the contract and Buyer’s exclusive remedy the claim for such non-delivery will be limited to (a) refunding any sums which damages in lieu of performance if the Buyer has paid without result set a reasonable period for the undelivered Goods and Seller for performance or cure. 3.1.3 If Seller delivers the goods or completes the services later than scheduled, Buyer may assess liquidated damages of 3% (bat least EUR 500) reimbursing Buyer of the total amount of the Order per each commencing week for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods delay period. Notwithstanding the foregoing, the amount of similar description and quality liquidated damages shall not exceed 15% (at the lowest available market price, less the Price least EUR 2500) of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery total amount of the Goods or Services where Buyer failed Order. ▇▇▇▇▇ is entitled to provide written notice claim liquidated damages in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice addition to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer `s claim for any shortfall below the Price of the Goods performance under the ContractOrder. Buyer’s resort to liquidated damages for the delay period does not preclude ▇▇▇▇▇’s right to other remedies and claims. 4.6 If Seller's 3.1.4 All delivery note or package labelling states that designations are INCOTERMS 2010. The respective delivery designation is also the Packages in which the Goods place where Seller`s delivery obligations are delivered are returnable to Sellerfulfilled (place of fulfillment). Unless otherwise stated, such Packages all goods provided under this Order shall be returned delivered FCA Seller’s facility. However, goods that are to be shipped directly to Buyer’s customer or a location designated by Buyer’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“U.S.”), shall be delivered EXW Seller’s facility. The term EXW used herein is modified from the INCOTERMS 2010 definition to mean “EXW with Seller responsible for loading the goods at Seller’s risk and expense”. Buyer may specify contract of carriage in accordance all cases. Failure of Seller to comply with any such instructions. If such Packages are not so returned they will Buyer specification shall cause all resulting transportation charges to be chargeable at replacement value for the account of Seller and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or give rise to any other containers and palletslegal remedies available.

Delivery. 4.1 7.1 Unless agreed otherwise expressly specified in writing by the partieswritten acknowledgement of order, all delivery of the Goods are delivered FCA (“Free carrier” will be made ex-works as defined in INCOTERMS 2020®) 2000. The Services will be performed at the place specified in the Order ConfirmationService Point. 4.2 Any dates quoted for delivery 7.2 Delivery of the Goods or performance of the Services are approximate onlywill be made during Supplier’s usual business hours. 7.3 Supplier will use reasonable endeavours to deliver and perform each of the Buyer’s orders for the Goods and Services within the time agreed when the Buyer places an order and Supplier provides the acknowledgement of order and, and if no time is agreed, then within a reasonable time, but the time of delivery is and performance will not be of the essence. 4.3 In . If, despite those endeavours, Supplier is unable for any reason to fulfil any delivery or performance on the event specified date, Supplier will be deemed not to be in breach of this Contract, nor (for the avoidance of doubt) will Supplier have any liability to the Buyer for direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery or performance except as set out in this condition. Any delay in delivery, delivery or performance will not entitle the Buyer shall give to cancel the Contract unless and until the Buyer has given one hundred and twenty days’ written notice (or such longer period specified in the written acknowledgement of Contract) to Seller Supplier requiring the delivery or performance to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil and Supplier has not fulfilled the delivery or performance within 14 days, that period. If the Buyer shall be entitled cancels the Contract in accordance with this clause 7.3 then: 7.3.1 Supplier will refund to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding Buyer any sums which the Buyer has paid to Supplier in respect of that Contract or part of the Contract which has been cancelled and has not been delivered or is not ready for delivery; and 7.3.2 the undelivered Goods and (b) reimbursing Buyer for will be under no liability to make any further payments under clause 5.1 in respect of that Contract or part of the reasonable and proper costs and expenses incurred by Contract which has been cancelled. 7.4 The Buyer in obtaining replacement goods of similar description and quality will provide at its expense at the lowest available market price, less Delivery Point adequate and appropriate equipment and manual labour for loading the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of 7.5 If the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of any of the Goods when they are ready for delivery or to provide any Delivery Information instructions, documents, licences or authorisations required to enable the Goods to be delivered or Services to be performed on time delivery(except solely on account of Supplier’s default), the Goods or Services will be deemed to have been delivered by or performed on the due date and Seller may (without prejudice to its other rights) Supplier may: 7.5.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with clause 7.5.2 and charge the Buyer for all related costs and expenses (including for demurrage claimsincluding, wasted transportwithout limitation, storage and insurance). Following ; and/or 7.5.2 following written notice to ▇▇▇▇▇the Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the Price of price under the Goods Contract or account to the Buyer for any excess achieved over the price under the Contract, in both cases having taken into account any charges related to the sale. 4.6 If Seller's delivery note 7.6 The Buyer shall provide or package labelling states that procure the Packages in which provision to Supplier of all facilities and such other assistance and services as may be necessary to the Goods are delivered are returnable extent and quality necessary to Seller, such Packages shall be returned in accordance with such instructionsenable Supplier to fulfil its obligations under the Contract. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" This assistance shall include bulk tankers(but not be limited to) the timely provision of and access to information, minibulksdata, flexisaccommodation, cratescomputing resources, boxes or other containers appropriate Buyer employees and palletsa safe working environment.

Delivery. 4.1 5.1 Unless agreed otherwise in writing by the parties, Company offers all Goods are delivered FCA items “Free On Transport” (“Free carrier” as defined in INCOTERMS 2020®FOT”) at the place specified in the Order Confirmation. 4.2 Any dates quoted our store, Brisbane. The Company will arrange for delivery of the Goods ("Delivery") at additional cost to the Purchaser’s nominated delivery point only if agreed in prior negotiation and specified in writing. This would be nominated as “Delivered to Door” (“DTD”) in the respective quotation or performance of Services are approximate only, and time of delivery Sales Order Agreement. 5.2 The Company is entitled to charge a fee for Delivery if it is not of specifically nominated as an inclusion in the essenceprice quoted in an official company quotation. 4.3 In the event of delay in delivery, Buyer shall give written notice 5.3 The Company is deemed to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of have delivered the Goods when they are ready loaded on to the Purchaser’s nominated transport vehicle FOT or in the case of DTD made available for unloading at the Purchaser's nominated delivery point. 5.4 The Purchaser is responsible for unloading the Goods from the Company's delivery vehicle. 5.5 If the Goods are to be collected by the Purchaser from the Company's store Delivery occurs when the Goods are loaded on the Purchaser's vehicle. 5.6 The Company is not liable for any claims for non-fulfilment or late Delivery of Goods or for any loss or damage (including consequential loss or damage) suffered by the Purchaser arising from delay in delivery or failure to provide any Delivery Information deliver due to enable on time circumstances beyond the Company's reasonable control and the Purchaser shall accept and pay for the goods notwithstanding late delivery. 5.7 The Purchaser shall in its purchase order advise the Company of the nominated delivery point and if applicable the required delivery time. 5.8 Unless otherwise agreed by the Purchaser and the Company, the Company shall be entitled to deliver the Goods will in one or more lots. Where delivery of the Goods is effected by way of part delivery the Company shall be entitled to invoice the Purchaser for pro-rata progress payments in respect thereof. 5.9 Notwithstanding the Purchaser's inability to accept delivery of the goods, the Company shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will these Terms of Sale and the goods shall be chargeable at replacement value and no credit will be due on Packages for which a charge the Purchaser's risk from the time when the goods have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes loaded onto the Purchaser's collecting vehicle or other containers and palletsdelivered to the Purchaser's nominated delivery point (as the case requires).

Delivery. 4.1 5.1. Deliveries shall be made to the Delivery Address(es) listed in the Special Terms and Conditions. Avfuel or its authorized shipping agent (“Shipping Agent”) shall 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. Unless otherwise agreed otherwise in writing writing, the minimum delivery of Jet A or Avgas fuel will be a full standard transport tanker load as determined by the partiesmaximum allowable Gross Vehicle Weight between the supply point and the delivery address. 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 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 hoses 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 shall bear all Goods are delivered FCA (“Free carrier” as defined responsibility of spillage or contamination of the Product after it leaves the end of any properly operating hose provided by Avfuel or its Shipping Agent. Access to Customer’s tanks shall be furnished in INCOTERMS 2020®) 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 complete any delivery which Avfuel or the Shipping Agent determines, in its sole discretion, cannot be made safely. 5.3. Customer shall be responsible for all demurrage charges assessed by the Shipping Agent for additional time spent at the place specified Delivery Address(es)_ or any Alternative Location. 5.4. Any claim by Customer of any discrepancy in the Order Confirmation. 4.2 Any dates quoted for delivery quantity of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Product delivered shall be entitled to cancel the Ordereffective only if Avfuel is immediately notified, while Shipping Agent is still present. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market priceGIVEN THE NATURE OF THE PRODUCTS, less the Price of the relevant GoodsTIME IS OF THE ESSENCE WITH RESPECT TO SUCH CLAIMS AND NO CLAIM SHALL BE PERMITTED OR EFFECTIVE UNLESS DELIVERED WITHIN THE SPECIFIED PERIOD. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise Seller agrees to deliver possession of the Vessel to Buyer at Closing in writing by New Orleans, Louisiana. At or before the partiestime of Delivery, Seller shall provide to Buyer the Vessel's plans, as builts, schematics, wiring specifications, low voltage wiring diagrams, certified evacuation and safety plan, certified periodic test procedures and all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) other plans and blueprints related to the Vessel that were provided to Seller at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to t▇▇▇ ▇▇▇▇▇▇ acquired the Vessel. Seller makes no representation or warranty as to the accuracy of such documents or drawings. Seller shall deliver the Vessel to Buyer at Closing "as is and where is". Except with regard to title, Seller may also sell makes NO WARRANTY of any kind whatsoever, whether expressed or implied, including without limitation, any implied warranty of merchantability, quality, condition, fitness for any particular purpose, seaworthiness, or against any redhibitory vices, or any other vices or defects, hidden, latent or otherwise, all such warranties being expressly WAIVED by Buyer. At the time of Delivery, all risk of loss to the Vessel shall pass to Buyer. Seller will use all reasonable good faith efforts to assist Buyer in obtaining any necessary certificates for the Vessel, including but not limited to a Certificate of Inspection; however, this is not a condition for Closing and all costs and expenses associated with obtaining any such certificates shall be the responsibility of Buyer. Furthermore, Seller shall not be required to provide at Delivery a Certificate of Documentation, FCC License, Society Tonnage, Interim Class, Hull Classification and Machinery Classification Certificate (if applicable) and/or their regulatory equivalent (if applicable) at the time of Delivery; however, Seller shall provide such certificates and documents, if any, that are in Seller's possession within a reasonable time after Delivery, provided, however, the Seller's failure to deliver said Certificates and Documents shall not constitute a breach of this Agreement by Seller, nor shall such failure constitute grounds for Buyer not to close this transaction. MAINTENANCE AND OPERATION During the period of time following receipt of the Goods Deposit by Seller until Closing (the "Period"), the Vessel shall be in the full possession and, other than sale to a third party, at the best price reasonably obtainable absolute disposal of Seller for all purposes and under its complete control in every respect. Seller shall, during said Period, take all reasonable steps to maintain the circumstances Vessel, her machinery, engines, equipment, appurtenances and charge spare parts in their current condition, ordinary wear and tear excepted. INSPECTION During the Period, Buyer for or its designee shall have the right at any shortfall below reasonable time to inspect or survey the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states Vessel to satisfy itself that the Packages in which the Goods are delivered are returnable to Seller, Vessel is being properly maintained. Any and all costs or expenses associated with such Packages inspection shall be returned in accordance with the responsibility of and be paid by Buyer and Buyer agrees to indemnify, defend and hold harmless Seller any affiliate of Seller against any injuries, cost, or expenses arising from such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes inspection or other containers and palletssurvey.

Delivery. 4.1 Unless 8.1 Except as otherwise agreed otherwise by both parties in writing by the parties, all Goods are delivered FCA EXW (“Free carrier” ex works) Seller’s manufacturing plant stated in the relevant purchase order. EXW (ex works) is as defined in INCOTERMS 2020®2010. The Buyer will provide at its expense adequate and appropriate equipment and manual labour for loading or off-loading (as appropriate) at the place specified in the Order ConfirmationGoods. 4.2 Any 8.2 All delivery dates quoted and times are estimates and not legally binding on the Seller, which will use its reasonable endeavours to make available for collection or deliver (as appropriate) on time. If no delivery of the Goods or performance of Services dates and/or times are approximate onlyspecified, and time delivery will be within a reasonable time. Time of delivery is will not be of the essence. 4.3 In 8.3 The Seller will be deemed not to be in breach of the event Contract, and (for the avoidance of doubt) will not be liable, in contract, tort or otherwise howsoever and whatever the cause thereof, to the Buyer for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and similar), costs, damages, charges or expenses caused directly or indirectly by any delay or failure in the delivery of the Goods (even if caused by the Seller’s negligence) except as set out in this Condition 8. 8.4 Any additional costs incurred by the Seller for express deliveries undertaken at the request of the Buyer are for the account of the Buyer and will be added to the Prices and invoiced in accordance with Condition 14.2. 8.5 Any delay in delivery, delivery will not entitle the Buyer shall give to cancel the purchase order unless and until the Buyer has given 14 days’ written notice to the Seller requiring the delivery to be made and the Seller has not fulfilled the delivery within that period. If the Buyer cancels the purchase order in accordance with this Condition 8.5 then: 8.5.1 the Seller will refund the Buyer any sums which the Buyer has paid to the Seller in respect of that purchase order or part of the purchase order which has been cancelled; and 8.5.2 the Buyer will be under no liability to make any payments under Condition 14 days. in respect of that purchase order or part of the purchase order which has beencancelled. 8.6 Subject to Condition 4.412, if Seller fails to fulfil in the event of non-delivery within 14 days, of the Goods following the service of a written notice by the Buyer shall be entitled to cancel under Condition 8.5 the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 . The Seller shall not be liable will have no liability for any delay in delivery of failure to deliver to the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay extent that such failure is caused by: (i) a Force Majeure Event or (ii) by the Buyer’s failure to provide the Seller with adequate instructionsdelivery instructions or any other instructions that are relevant to the supply of the Goods. If the Buyer fails to provide written notice of non- delivery in accordance with Condition 8.5, information, licences or authorisations the Seller shall have no liability whatsoever to enable the Goods or Services to be supplied on time (“Delivery Information”)Buyer for suchnon-delivery. 4.5 8.7 If the Buyer refuses or fails to take delivery of any of the Goods when they are ready or tendered for delivery (as appropriate) or to provide any Delivery Information instructions, documents, licences or authorisations required to enable the Goods to be delivered on time delivery(except solely on account of the Seller’s default), the Goods will be deemed to have been delivered on or by the due date and (without prejudice to its other rights) the Seller may may: 8.7.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with Condition 8.7.3 and charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following ; and/or 8.7.2 recover from the Buyer all wasted transport costs resulting from the Buyer’s refusal or failure to take delivery of the Goods when tendered for delivery; and/or 8.7.3 following written notice to ▇▇▇▇▇the Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the Price of the Goods under the Contract, having taken into account any charges related to the sale and any charges referred to in Conditions 8.7.1. and 8.7.2. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless otherwise agreed otherwise in writing by the partieswriting, all Goods deliveries of Products shall be made Ex Works of Seller’s factory (Incoterms 2018). All risks of loss or damage to the Products shall pass from the Seller to the Buyer when the Products are delivered FCA (“Free carrier” to the Buyer in accordance with the agreed trade term as defined defined. The Seller may make deliveries in INCOTERMS 2020®) at the place installments which will be invoiced individually. The Buyer will make payment in accordance with clause 4 of these Standard Terms and Conditions. Times specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services Products are approximate onlygiven and intended as estimates only unless otherwise agreed in writing. Where a firm time for delivery has been expressly agreed upon, no delivery shall be considered overdue until the Buyer has made a written request for delivery and time of delivery is not of given the essence. 4.3 In the event of delay in delivery, Seller a reasonable opportunity to comply therewith. The Buyer shall give have the right to cancel the Contract by serving written notice to the Seller requiring if the Seller is unable, due to circumstances for which it is fully responsible, to comply with the extended or postponed delivery time and the Buyer has stated in writing when agreeing to the new delivery time that it will refuse to take delivery if the new delivery date is not met. In no event shall the Seller be made liable for indirect, special, consequential, or punitive damages arising out of or in connection with the late delivery of the Products. The Buyer shall inspect or have inspected the Products delivered and shall notify the Seller in writing of any discrepancy regarding the quantity, specification, or quality of the Products to the order within 14 daysfourteen (14) days of receipt of the Products. Subject to Condition 4.4Once this time period has elapsed, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled deemed to cancel have accepted the OrderProducts. Seller’s sole liability If Buyer timely notifies Seller of any nonconforming Products, the Seller shall replace incorrect Products and deliver additional Products to meet the ordered quantity. The foregoing shall be Buyer’s exclusive remedy for such non-delivery will be limited with respect to (a) refunding nonconforming Products. The Buyer shall not return any sums which Buyer has paid for Products without the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price prior written permission of the relevant Goods. 4.4 Seller Seller. Submitting a claim shall not be liable for any delay in delivery of at no time release the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods from its obligations under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless 5.1 Delivery takes place on agreed otherwise in writing ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer. 5.2 Time of 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 partiesSeller of the 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 to start work on the Goods or the Services, all whichever may be the later. 5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order Confirmationper working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer. 4.2 Any dates quoted for 5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing. 5.5 If the Buyer is not able to accept delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, 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 ready for stored are properly insured against all the usual risks and notify the Buyer of such insurance cover. 5.6 If delivery or to provide any Delivery Information to enable on time deliveryis made before the delivery date specified in the Purchase Order, the Buyer may return the Goods will to the Seller at the Seller's risk and expense. 5.7 Each delivery must be deemed accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to have been delivered by the due date and Seller may charge Buyer plant or office which issued the Purchase Order on the day on which the shipment is made, marked for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance)the attention of the logistic/receiving office. Following written notice Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, Seller may also sell any the invoice shall bear the name of the Goods at shipper and the best price reasonably obtainable in point from which the circumstances and charge Buyer for any shortfall below delivery originated. If shipment is not delivered to the Price allnex premises, the original bill of lading must be furnished with the Goods under the Contractinvoice(s). 4.6 If Seller's delivery note 5.8 Delivery is completed only if the agreed Goods or package labelling states that the Packages in which the Goods Services are delivered are returnable to Seller, such Packages shall be returned in their entirety in accordance with the Agreement at the location designated by Buyer. 5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such instructions. document has been modified. 5.10 If such Packages are the Seller is in the position of being able to supply some but not so returned they will all of its customers, the Buyer shall be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by given priority over all other of the Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets's customers.

Delivery. 4.1 Unless agreed otherwise Time is of the essence for Delivery 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 Buyer’s Purchase Order. If Supplier does not meet the scheduled Delivery Dates, and Supplier fails to demonstrate to Buyer that it has taken best commercial efforts to comply with meeting the Delivery Dates, then Buyer may, at its option cancel this Purchase Order, or any part of this Purchase Order without incurring any liability. If ▇▇▇▇▇ 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 by the partieswriting. Buyer may return, at its option, all Goods are delivered FCA (“Free carrier” 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 defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate onlyscheduled, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give will provide immediate written notice to Seller requiring 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 made within 14 longer than eight (8) calendar days). Subject Supplier shall be, in addition to Condition 4.4any other remedy available to Buyer, if Seller liable for Buyer’s documented additional expenses due to its failure to deliver in the event Supplier fails to fulfil provide such notice. If Product cannot be delivered by the delivery Delivery Date or within 14 daysthe Grace Period, Buyer Jabil will sustain substantial financial loss or damage. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine 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 cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to assess two (a2) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price percent of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery purchase price of the Goods 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 Services where Buyer failed Grace Period as liquidated damages. Notwithstanding the foregoing, - unless Section 17. Force Majeure applies – if Supplier fails to provide written notice properly deliver the Products, Jabil, in accordance with Condition 4.3 its sole discretion, may do one or for any delay that is caused bymore of the following: (i) a Force Majeure Event cancel the Purchase Order in whole or in part; (ii) Buyer’s failure 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 provide Seller with adequate instructions, information, licences or authorisations which Jabil had ordered material which was related to enable the Goods or Services canceled Purchase Order and which is no longer needed as a result of such cancellation; (iv) declare Supplier to be supplied in default; (v) purchase replacement Products from another source at Supplier’s sole cost and expense; or (vi) insist on time compliance with the terms and conditions of this Purchase Order by Supplier. All internationally shipped products will be shipped under "FCA Suppliers Facility (“Delivery Information”Incoterms 2020). 4.5 ". 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 the Jabil’s receiving dock. Supplier must utilize Jabil’s specified transportation agent for all shipments. If Buyer refuses or fails Supplier uses any other transportation agent, Supplier will reimburse Jabil for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a transportation agent acceptable to take Jabil. Title shall be transferred to Jabil upon the physical delivery of the Goods Products to the final destination designated on Jabil's Purchase Order. Jabil assumes risk of loss for Products when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to Products have been delivered received by Jabil’s carrier or forwarder. In the due date event a tooling Delivery is delayed, and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any it is estimated that such delay will exceed more than 25% of the Goods agreed completion Date/Delivery time, Buyer may, at the best price reasonably obtainable in the circumstances and charge Buyer for its option cancel this Purchase Order without incurring any shortfall below the Price of the Goods under the Contractliability. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless otherwise agreed otherwise in writing by the partieswriting, all Goods deliveries of Products shall be made Free Carrier (FCA) in accordance with ICC’s Incoterms (2020 edition). All risks of loss or damage to the Products shall pass from the Seller to the Buyer when the Products are delivered FCA (“Free carrier” to the Buyer in accordance with the agreed trade term as defined in INCOTERMS 2020®) at the place ICC's Incoterms (2020 edition). The Buyer will make payment in accordance with clause 4 of these Standard Terms and Conditions. Times specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance Products are given and intended as estimates only unless otherwise agreed in writing. The applicable delivery times are those indicated in the acknowledgement of Services are approximate only, and time of delivery is not receipt of the essence. 4.3 In orders. The delivery times run from the event date of delay in deliverythe acknowledgement of receipt of the order. Where a firm time for delivery has been expressly agreed upon, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the OrderContract by serving written notice to the Seller only if the delivery has been delayed by more than thirty (30) days. Seller’s sole liability and Buyer’s exclusive remedy If a new time for such non-delivery will be limited to has been agreed upon with Buyer after Seller has given an early warning of probable delayed delivery, the thirty (a30) refunding any sums which Buyer has paid day period shall run from the new time for delivery agreed upon. In no event shall the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay indirect, special, consequential or financial damages arising out of or in connection with the late delivery of the Goods Products. The Buyer shall inspect or Services where Buyer failed have inspected the Products delivered and shall notify the Seller in writing of any discrepancy regarding the quantity, specification or quality of the Products to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: the order within fifteen (i15) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take days of delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on Products. Once this time deliveryperiod has elapsed, the Goods will Buyer shall be deemed to have been delivered accepted the Products and shall have no warranty of conformity claim and no claim to compensation whatsoever. If a notification is made within the fifteen (15) day period, the Seller shall repair or replace incorrect Products and/or deliver additional Products to meet the ordered quantity and the Buyer shall have no claim to compensation whatsoever. Freight and insurance cost for return of non conforming Products to the Seller will be borne by the due date and Buyer. In case any returned Product is being found on investigation by the Seller may to be conform to the specifications of the order, the Seller is entitled to charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to incurred by the Seller in connection with ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract’s claim. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by 5.1 The Seller covenants and agrees with the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for Buyer with respect to delivery of the Goods Product that the Seller will: (a) at its sole risk and expense deliver the Products FOB at the Plant, in accordance with the delivery and packaging instructions of the Buyer; (b) notify the Buyer without delay when the Products are ready for pick-up; (c) maintain at its own cost adequate storage to facilitate delivery of the Products; (d) provide an maintain at its own cost suitable load-out facilities for the Products at the Plant; (e) bear all costs and risks associated with the Products until such time as the Products are delivered to the Buyer or the Buyer's representative in accordance with section 5.1 (a) herein; (f) provide and maintain at its own cost all equipment necessary to load the Products in the Buyer's or the Buyer's representative truck at the Plant; and (g) collect and provide to the Buyer or its representative, samples from each shipment of Product delivered. 5.2 The Seller will provide the Buyer and the Buyer's authorized employees, agents and contractors with free and reasonably unrestricted and undelayed access to the loading area at the Plant in order to allow the Buyer to meet its Product's removal obligations in an efficient and expeditious manner. 5.3 The Seller will be responsible for truck demurrage time in excess of one (1) hour and will reimburse the Buyer for such truck demurrage at the rate such cost is incurred, plus ten (10%) percent administrative penalty. Such truck demurrage time shall not exceed three (3) hours per incident unless greed to in advance by the Seller. 5.4 The Buyer will advise the Seller when the Buyer has encountered any material non-performance of Services are approximate only, and time of delivery is not any obligation of the essenceSeller pursuant to this Article 5 and the Seller will have a reasonable time to cure any such non-performance. The Seller will notify the Buyer within twenty-four (24) hours of receiving such notice from the Buyer of the Seller's remedy for the non-performance indicated by the Buyer. 4.3 In 5.5 The Buyer covenants and agrees with the event Seller with respect to the delivery of delay Products that the Buyer will: (a) promptly remove Products from the Plant so as to avoid any interruption in deliverythe operator's regular plant operations; and (b) pick-up at regular intervals the samples of the Products collected by the Seller pursuant to Section 5.1(g) herein. 5.6 Should the Buyer fail for any reason to promptly take delivery of and remove the Products from the Plant, Buyer shall give the Seller may send written notice to Seller requiring the Buyer by personal delivery or facsimile to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price 's office of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s 's failure to provide Seller with adequate instructions, information, licences or authorisations to enable do so. If the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery within twenty-four (24) hours of receipt of such notice, then the Goods when they are ready for delivery or Seller will be free to provide any Delivery Information remove and sell such Products to enable on time deliveryother buyers at its discretion. 5.7 If Product does not meet the standards as set out in Schedule A, the Goods will be deemed Seller may request the Buyer's assistance in disposing of such Product. If Buyer agrees to have been delivered dispose of such Product in advance or if subsequent to acceptance of Product by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claimsthe Product is found not to meet the required standard, wasted transport, storage and insurance). Following written notice the Buyer will use its reasonable efforts to ▇▇▇▇▇, Seller may also sell any dispose of the Goods such Product in a cost efficient way at the best price reasonably obtainable available market price. If Buyer is able to sell such Product, it will evenly divide the net proceeds with the Seller (after accounting for its costs). If the Buyer is not able to sell such Product, the Seller will re-take the Product at its expense, and in the circumstances and charge any event Buyer for will be entitled to setoff its reasonable costs with notice to Seller against any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable other sums owed to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing 6.3.1. Product shall be delivered EXW (ex-works) Lonza’s Facility (as defined by Incoterms 2010) meaning that risk of loss to Product passes to Kolltan 1) after Lonza has provided the parties, all Goods are delivered FCA Batch Documentation to Kolltan and 2) on the date Lonza places Product at the disposal of Kolltan’s carrier at Lonza’s premises not cleared for export and not loaded onto any collecting vehicle subject to Lonza having provided at least [**] weeks’ notice of such date (“Free carrierDeliver,” “Delivery,” or “Delivered,” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 appropriate). In the event of delay any conflict between EXW as defined by Incoterms 2010 and the terms contained herein, the terms contained herein shall prevail. Lonza shall take all reasonable steps, including communicating in deliveryadvance with Kolltan, Buyer coordinating and scheduling to the extent possible with Kolltan so that Delivered Products are not awaiting transportation at Lonza’s premises for longer than [**] calendar days. Transportation of Product, whether or not under any arrangements made by Lonza on behalf of Kolltan, shall give written notice to Seller requiring be made at the delivery sole risk and expense of Kolltan. 6.3.2. Lonza shall provide within the Facility an area or areas where Kolltan Materials are stored in accordance with the Applicable Laws and Specifications and in such a way as to be made within 14 daysable at all times to clearly distinguish such materials from products and materials belonging to Lonza, or held by Lonza for a third party’s account. Subject Lonza will at all times take such measures as are required to Condition 4.4protect the Kolltan Materials from risk of loss or damage at all stages of the provision of Services under this Agreement. Lonza will immediately notify Kolltan if at any time it believes the Product or Kolltan Materials have been damaged, if Seller fails lost or stolen. 6.3.3. At Kolltan’s request, Lonza may Deliver Product prior to fulfil delivery of the delivery within 14 days, Buyer Batch Documentation. Such request shall be entitled accompanied by Kolltan’s written acknowledgement that (i) the Product has been Delivered without the transmittal to cancel Kolltan of the Order. Seller’s sole liability Batch Documentation and Buyer’s exclusive remedy for such non-delivery will accordingly the Product cannot be limited administered to (a) refunding any sums which Buyer has paid for humans until transmittal of the undelivered Goods Batch Documentation, and (bii) reimbursing Buyer Kolltan nevertheless accepts full risk of loss, title and ownership of the Product. The Delivery of Product under these circumstances shall be subject to such testing requirements as Lonza may reasonably require. 6.3.4. Unless otherwise agreed, Lonza shall package and label Product for Delivery in accordance with its standard operating procedures. It shall be the reasonable responsibility of Kolltan to inform Lonza in writing in advance of any special packaging and proper labeling requirements for Product. All additional costs and expenses of whatever nature incurred by Buyer Lonza in obtaining replacement goods of similar description and quality at complying with such special requirements shall be charged to Kolltan in addition to the lowest available market price, less the Price of the relevant GoodsPrice. 4.4 Seller shall 6.3.5. The process and procedures for the delivery and acceptance/rejection of all Deliverables not be liable for any delay otherwise set forth in delivery of the Goods this Clause 6 or Services where Buyer failed to provide written notice elsewhere in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliverythis Agreement, the Goods will Schedules or Future Schedules shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable as set forth in the circumstances and charge Buyer Project Plan for any shortfall below the Price of the Goods under the Contracteach Project. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by The Supplier shall provide the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place Services specified in the Purchase Order Confirmation. 4.2 Any dates quoted for to the Site(s) in accordance with the Milestones. The Supplier shall deliver the Products specified in the Purchase Order to the Delivery Location on the Delivery Date. Delivery of the Products shall be complete on the completion of the unloading of the Products at the Delivery Location (Delivery). Title and risk in the Products shall pass to L&P on Delivery. The Supplier shall not deliver the Products by instalments except with the prior written consent of the L&P. If the Products are not delivered on the specified Delivery Date then without limiting any other right or remedy L&P may have, L&P may: refuse to take any subsequent attempted delivery of the Goods or performance of Services are approximate only, Products; terminate the Agreement with immediate effect; obtain substitute products from another supplier and time of delivery is not of recover from the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding Supplier any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses reasonably incurred by Buyer L&P in obtaining replacement goods such substitute products; and subject to clause 16 (Limitation of similar description and quality at the lowest available market priceliability), less the Price of the relevant Goods. 4.4 Seller shall not be liable claim damages for any other costs, expenses or losses resulting from the Supplier's failure to deliver the Products on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in delivering the Products to the extent that such failure or delay is caused by the L&P's failure to comply with its obligations under this Agreement. If L&P fails to accept delivery of the Goods Products on the specified Delivery Date, then, except where such failure or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s by the Supplier's failure to provide Seller comply with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliveryits obligations under this Agreement, the Goods will Order shall be deemed to have been delivered by at 9.00am on the due date Delivery Date and Seller may the Supplier shall store the Products until delivery takes place, and charge Buyer L&P for all reasonable related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇Each Delivery of Products shall be accompanied by a delivery note from the Supplier showing the Purchase Order number, Seller may also sell any date of the Goods Purchase Order and type and quantity of Products included in the delivery. If the Supplier requires L&P to return any packaging materials to the Supplier, that fact must be clearly stated on the delivery note accompanying and any such returns shall be at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractSupplier's expense. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Seller will endeavour to dispatch Goods on an agreed otherwise in writing by the partiesdelivery date. However, all Goods delivery times quoted are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at estimates only. Time of delivery shall not be of the place specified in essence of the Order Confirmationcontract. 4.2 Any dates quoted for If the Seller fails to deliver within a reasonable time, the Buyer may (by informing the Seller in writing) cancel the contract, however: 4.2.1 The Buyer may not cancel if notice is received by the Seller after the Goods have been dispatched. 4.2.2 If the Buyer cancels the contract, the Buyer can have no further claim against the Seller under that contract. 4.3 If the Buyer accepts delivery of the Goods after the estimated delivery time, it will be on the basis that the Buyer has no claim against the Seller for delay (including indirect or performance of Services are approximate onlyconsequential loss, and time of delivery is not or increase in the price of the essenceGoods). 4.3 In 4.4 Unless otherwise agreed in writing the event Seller may deliver the Goods in instalments over a maximum 12-month period. Each instalment is treated as a separate contract. 4.5 The Seller may deliver the Goods in quantities of delay in delivery, Buyer shall give written notice to Seller requiring 10% more or less than the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil quantity ordered and charge the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by quantity actually delivered. 4.6 If short delivery occurs the Buyer in obtaining replacement goods of similar description and quality at may not reject the lowest available market price, less Goods but shall accept the Price Goods as part performance of the relevant Goodscontract, and a pro-rata adjustment to the price shall be made. 4.4 Seller shall not be liable for any delay in delivery of 4.7 If the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when they the Goods are ready for delivery or to provide any Delivery Information to enable on time deliverydispatch, the Seller shall be entitled to store and insure the Goods will and to charge the Buyer the reasonable costs of doing so. 4.8 If the Seller fails to deliver for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be deemed limited to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses excess (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any if any) of the cost to the Buyer of similar Goods at the best price reasonably obtainable (in the circumstances and charge Buyer for any shortfall below cheapest available market) to replace those not delivered over the Price price of the Goods under the ContractGoods. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Supplier shall deliver the Goods to the Delivery Location during Get Living’s normal business hours on the Delivery Date, or on such other date as agreed otherwise in writing by with Get Living. In the partiesevent that the Supplier has failed to deliver the Goods within 7 days of the Delivery Date (or such other date as agreed with Get Living), all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in Get Living may rescind the Order Confirmationand, to the extent relevant, Supplier shall refund the Charges in respect of those Goods. 4.2 Any dates quoted for delivery Delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel completed on the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods completion of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any unloading of the Goods at the best price reasonably obtainable Delivery Location. 4.3 Where it is agreed by Get Living in writing and in advance that the circumstances Goods may be delivered by instalments, they may be invoiced and charge Buyer paid for any shortfall below the Price separately. 4.4 If Get Living fails to accept delivery of the Goods on the specified Delivery Date during Get Living’s normal business hours then, except where such failure or delay is caused or contributed to by the Supplier’s failure to comply with its obligations under this Agreement, the ContractSupplier shall store the Goods until actual delivery takes place and may charge Get Living for the reasonable costs and expenses of such storage. 4.5 Each Delivery shall be accompanied by a delivery note from the Supplier showing the order number, the date of the Order, the type and quantity of Goods included in the Delivery and, in the case of an Order being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.6 If Seller's the Supplier requires Get Living to return any packaging materials to the Supplier, that fact must be clearly stated on the delivery note or package labelling states that accompanying the Packages relevant Delivery, and any such returns shall be at the Supplier’s expense. 4.7 Risk in which the Goods are delivered are returnable shall pass to Seller, such Packages shall be returned Get Living on completion of Delivery in accordance with such instructionsclause 4.2. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due Title in the Goods shall pass to Get Living on Packages payment by Get Living for which a charge the Goods. This clause 4.7 is without prejudice to the rights of rejection that Get Living may have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsunder this Agreement.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery 6.1 Subject to agreement of the Goods or performance of Services are approximate onlyparties and to the procedures set forth herein, delivery and time of delivery is not receipt of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer crude oil sold under this Agreement shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services based on FOB vessels to be supplied on time by BUYER or BUYER’s ASSIGNEE at the loading terminal at [REDACTED], operated by SUMED (“Delivery InformationSELLER’s Supplier”). 4.5 If Buyer refuses 6.2 SELLER agrees to deliver or fails cause to take delivery be delivered crude oil to BUYER or BUYER’s ASSIGNEE and BUYER or BUYER’s ASSIGNEE agree to receive the same or cause the same to be received from SELLER in accordance with monthly lifting schedules agreed upon; provided, however, that SELLER, while according nondiscriminatory treatment to buyers, shall not be required to furnish a quantity of any grade of crude oil exceeding the capacity of its facilities. BUYER’s ASSIGNEE performance hereunder shall not relieve BUYER of any of its obligations under this Agreement as further provided in Paragraph 6.7 below. 6.3 SELLER, at its discretion, may cause its affiliate, Bolanter Corporation N.V. (“Bolanter”), or such other third party affiliated with SELLER as SELLER shall designate in writing (“Third Party Affiliate”), to perform SELLER’s obligation to deliver crude oil under this Paragraph 6, provided SELLER’s so doing shall not relieve SELLER of any of its obligations under this Agreement. 6.4 BUYER shall submit a monthly lifting schedule by the fifth (5th) day of each month preceding the Scheduled Month of Delivery. BUYER shall also submit at this time a provisional nomination schedule for the first fifteen (15) days of the Goods when they are ready month following the Scheduled Month of Delivery. If the fifth (5th) day is a non-working day in London, then the BUYER shall submit a monthly lifting schedule and a provisional nomination schedule by the nearest preceding working day in London. The requested monthly lifting schedule and provisional nomination schedule shall contain a preferred one (1) day date for delivery or each lifting. SELLER shall attempt to accommodate BUYER’s proposed schedule but shall only guarantee lifting dates during the last ten (10) days of the Scheduled Month of Delivery, using its best efforts to provide any Delivery Information to enable on time delivery, lifting dates during the Goods will five (5) days preceding the last ten (10) days in the Scheduled Month of Delivery. The vessel nominated by BUYER or BUYER’s ASSIGNEE shall be deemed to have been delivered arrived at the load port on the accepted date if it arrives at the customary anchorage within one (1) day before or one (1) day after the date accepted by SELLER. Any subsequent revisions requested by the due date BUYER and Seller may charge Buyer accepted by the SELLER shall be limited to a one (1) day acceptance range and the vessel nominated by BUYER or BUYER’s ASSIGNEE shall be deemed to have arrived at the load port only on the accepted date. 6.5 SELLER shall authorize SUMED to deliver the crude oil to BUYER or BUYER’s ASSIGNEE and BUYER or BUYER’s ASSIGNEE shall arrange with SUMED to lift and receive delivery of the crude oil. Delivery and lifting of crude oil at [REDACTED] shall be subject to and in accordance with the standard terms, conditions, port limitations, practices and procedures of SUMED. BUYER and BUYER’s ASSIGNEE also agree to comply with the operation, lifting, and nomination procedures and obligations required of SELLER, pursuant to the Long Term Transportation Agreement between Bolanter and SUMED (the “Transportation Agreement”). 6.6 BUYER and BUYER’s ASSIGNEE shall defend, indemnify and hold harmless SELLER, Bolanter, and any Third Party Affiliate from and against all claims, demands and liabilities of any kind whatsoever asserted against SELLER, Bolanter, or any Third Party Affiliate by any party as a result of BUYER’s failure to comply with the aforesaid terms, conditions, port limitations, practices and procedures, or as a result of deballasting of dirty ballast water by BUYER or BUYER’s ASSIGNEE. 6.7 Since SELLER is neither the terminal operator nor in control of any of the terminal operations, it is expressly understood and agreed that SELLER will not be liable to BUYER or BUYER’s ASSIGNEE for all related costs and expenses any demurrage, unless such demurrage is caused by SELLER’s failure to make the crude oil available for delivery. In those instances in which demurrage is incurred because of SELLER’s failure, BUYER or BUYER’s ASSIGNEE shall present its claim for reimbursement to SELLER at least sixty (including 60) days prior to the expiration of the time limitation for demurrage claims set out in the applicable terminal regulations. Where BUYER’s demurrage claim does not arise from SELLER’s failure, as an accommodation to BUYER, SELLER will present to the terminal operator, on behalf of BUYER or BUYER’s ASSIGNEE, any claim for demurrage that is presented by BUYER to SELLER at least sixty (60) days prior to the expiration of the time limitation for such demurrage claims, wasted transportas set out in the applicable terminal regulations. After SELLER, storage on BUYER’s behalf, has presented a demurrage claim to the terminal operator, SELLER will follow up and insurance)make reasonable efforts, short of arbitration or litigation, to effect recovery. Following written notice SELLER will promptly remit to ▇▇▇▇▇, Seller may also sell BUYER any monies received from the terminal operator in whole or partial satisfaction of the Goods at demurrage claim of BUYER or BUYER’s ASSIGNEE with the best price reasonably obtainable terminal operator. 6.8 Notwithstanding anything else to the contrary elsewhere in the circumstances and charge Buyer for Agreement, should SELLER in its sole judgment determine that BUYER’s ASSIGNEE has failed in any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable respect to Seller, such Packages shall be returned perform in accordance with such instructionsits obligations under this Agreement, or that BUYER’s ASSIGNEE has become bankrupt or insolvent or otherwise unable to meet its financial obligations, BUYER shall continue to be directly liable to SELLER for the performance of the obligations assigned to BUYER’s ASSIGNEE hereunder. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by SellerNotwithstanding the foregoing, all Bills of Lading issued hereunder shall name BUYER as consignee. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.PBF HOLDING LLC – [REDACTED] – 01 02 11 (ses) Page 7 of 12

Delivery. 4.1 a) Unless agreed otherwise in writing agreed, where the PURCHASER has nominated an address for delivery, the SUPPLIER must deliver the goods to that nominated address. b) The SUPPLIER bears responsibility for unloading goods at the point for delivery nominated by the partiesPURCHASER. c) The PURCHASER will provide adequate and proper facilities for the reception and storage of goods and warrants that those facilities comply with all relevant statutes or regulations, including health and safety regulations, and that all Goods necessary permits and licenses have been obtained for the storage of the goods. d) Where goods are delivered FCA (“Free carrier” as defined to the nominated, the SUPPLIER shall be deemed to have delivered the goods in INCOTERMS 2020®) at accordance with the place specified in Agreement if it obtains a receipt or signed delivery docket for the Order Confirmationgoods from a person authorised to accept the goods on behalf of the PURCHASER. 4.2 Any dates quoted for e) If the nominated address is unattended or if delivery cannot otherwise be affected or the goods cannot be dispatched due to any act, matter or thing beyond the control of the Goods or performance of Services are approximate onlySUPPLIER, the SUPPLIER must promptly advise the PURCHASER and time of delivery is not deliver the goods in accordance with the directions of the essencePURCHASER. 4.3 In f) If the event parties agree in writing, the SUPPLIER may supply goods and/or services in instalments and these Terms & Conditions of delay in delivery, Buyer Sale shall apply to each and every supply of goods and/or services. g) The SUPPLIER must deliver the goods by the date for supply of goods and/or services agreed between SUPPLIER and the PURCHASER. h) The SUPPLIER must immediately give written notice to Seller requiring the PURCHASER upon becoming aware that an event may cause a delay to the delivery to be made within 14 days. of goods by the date of supply of goods and/or services. i) Subject to Condition 4.4clause 10, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel SUPPLIER must compensate the Order. Seller’s sole liability and Buyer’s exclusive remedy PURCHASER for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and or expenses incurred by Buyer in obtaining replacement goods as a result of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any a delay in the delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any goods and/or services. For the avoidance of doubt delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s shall include failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable meet identified Milestones as detailed in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractpurchase order. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing Any delivery date(s) provided by Seller to Customer are non-binding estimates, and Seller reserves the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®right to modify the delivery date(s) at the place specified in the Order Confirmationwithout notice. 4.2 Any dates quoted for Seller shall inform Customer on its readiness to ship and Customer shall confirm a delivery date within latest 30 days after such confirmation. Customer is aware and acknowledges that any failure to communicate a delivery date within the said period will cause a default of the Goods or performance acceptance of Services are approximate only, and time of delivery is not of the essenceCustomer. 4.3 In the event of delay Any customary costs incurred in deliveryparticular for storage, Buyer and with a minimum as charged by Seller´s logistic company, be it at Seller´s premises or be it at a third party storage company, shall give written notice be reimbursed to Seller requiring the delivery to be made within 14 days. Subject days after receipt of the invoice notwithstanding Sellers right to Condition 4.4claim further damages incurred. 4.4 For any deferral of any delivery periods, if so agreed by Seller, Customer hereby agrees that storage at the Seller´s premises shall be subject to the Seller´s respective terms and conditions as valid at the time being. 4.5 If Seller fails has agreed in writing to fulfil a specific delivery or shipping schedule, (i) it shall commence on the date of Seller’s Order Confirmation, but not before Customer’s delivery within 14 daysof other necessary documents, Buyer including any agreed security if any and (ii) end on the date on which Seller delivers the Goods to the carrier. 4.6 Seller shall be entitled to cancel partial shipments within reason. Seller will also have the Orderoption of billing for partial shipments. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery Partial shipments will be limited made and invoiced by Seller when ready according to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goodsclause 4.2. 4.4 Seller shall not be liable for any delay 4.7 Delay in delivery of the Goods or Services where Buyer failed any partial shipments shall not relieve Customer of its obligation to provide written notice in accordance with Condition 4.3 or pay for any shipments received prior to such delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure its obligation to provide Seller with adequate instructions, information, licences or authorisations to enable accept the Goods or Services to be supplied on time (“Delivery Information”)remaining deliveries. 4.5 4.8 If Buyer refuses or fails Customer is unable to take delivery of receive the Goods when they are ready tendered, Customer shall be liable to Seller for delivery any loss, damage, or additional expense incurred or suffered by Seller as a result thereof. 4.9 Any quoted lead time(s) may be impacted due to provide the COVID-19 or any Delivery Information future pandemic and any related foreseeable or unforeseeable circumstances arising from it, including but not limited to enable on time deliverygovernment regulations, labor shortages, supply chain disruptions, or measures taken to preserve the Goods will health and safety of Seller’s workforce. Any quoted lead time(s) shall be deemed considered an estimate based upon the best information available to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in time the circumstances estimate is made and charge Buyer for any shortfall below the Price of the Goods under the Contractis subject to change without notice. 4.6 If 4.10 In case of a delay of Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable , Customer shall send a reminder letter to Seller, such Packages stating a reasonable deadline for the fulfillment of the performance. 4.11 Where the Customer incurs damage due to a delay arising from Seller's slight negligence, the Customer shall be returned entitled, in accordance with such instructionsexclusion of further compensation for damages resulting from delay, to claim a half percent (0.5%) for each full week, but overall not more than five percent, of the value of the part of the total delivery that cannot be used in due time because of the delay. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which the delay is caused intentionally or by gross negligence by Seller or constitutes a charge have been made by violation of a material obligation of Seller, statutory liability shall apply. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsSeller reserves the right to demonstrate that the Customer has suffered a damage smaller than the aforementioned lump sum.

Delivery. 4.1 Unless agreed otherwise (a) Each bulk Concentrate shipment shall be delivered by Seller to Buyer FCA Hazesa Terminal, Manzanillo via the Buyer’s TMC warehouse in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order ConfirmationManzanillo. 4.2 Any dates quoted for delivery (b) For purposes of the Goods or performance Freight Credit, the Buyer is responsible for discharge of Services are approximate only, Concentrates from the carrying vessel’s hold(s) and time of delivery is not shall arrange and shall pay for all costs associated with discharge. (c) For purposes of the essence. 4.3 In Freight Credit, the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, carrying vessel used by Buyer shall be entitled to cancel classified highest Lloyd’s registration or equivalent and shall be no more than fifteen (15) years of age (provided, however, that if the Order. age of the nominated vessel exceeds fifteen (15) years, Buyer will accept a vessel with an age of no more than twenty (20) years, provided that all additional cargo insurance caused by the age being above fifteen (15) years shall be for the Seller’s sole liability account), single deck, bulk carrier otherwise suitable to discharge the Concentrate by grab having fully flat and unobstructed tank top without any protruding structures which might be a hindrance for the performance of normal grab discharge and/or the use of payloaders in holds. Spout trimming must be observed at loading port, not leveling. No Concentrate to be stowed in bridge spaces, deep tanks or other spaces inaccessible to mechanical grabs for discharging. Any extra expenses incurred in discharging by reason of stowage in excepted places shall be for account of Seller and any time so lost and above the usual time required for grab discharge is not to count as laytime used. (d) For purposes of the Freight Credit, Buyer has responsibility to deliver Concentrate to the port of discharge nominated by Dowa at Buyer’s exclusive remedy for such non-delivery will be limited own costs, even in case of loss or damage to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred Concentrate or expense, if caused by Buyer in obtaining replacement goods insolvency or financial default of similar description and quality at the lowest available market priceowners, less the Price managers, charterers, or operators of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) carrying vessel, unless such cause also constitutes a Force Majeure Event as defined herein. (e) For purposes of the Freight Credit, for discharge at Akita, Japan, Dowa guarantees a discharge rate of 2,500 wet tonnes per weather working day of 24 consecutive hours, Sundays and legal, local and customary holidays excepted unless used, and if used, actual time used to count as laytime used. Laytime shall commence at 08:00 a.m. of the immediately next working day after the carrying vessel has tendered Notice of Readiness for discharge, unless sooner commenced, whether in berth or not, but only after free pratique is granted. Notice of Readiness is to be tendered during office hours only from 08:00 a.m. to 05:00 p.m., Monday through Friday, and 09:00a.m.-12:00p.m. on Saturday that the performing vessel is ready in all respects to start discharging operations, whether in berth or not, after it has arrived at the port of discharge. (f) For purposes of the Freight Credit, demurrage or despatch money (as applicable) at the port of discharge shall be for Dowa’s account at those rates in Buyer’s Charter Party for each shipment, provided that such rates are approved by Dowa, prior to each shipment. (g) If another cargo is being discharged from the same vessel at the Akita port, (i) In case of the Concentrate being discharged after the completion of discharge of such other cargo, laytime shall commence two (2) hours later after discharge completion of such cargo unless sooner commenced. (ii) Buyer’s failure to provide Seller In the case of combined shipment with adequate instructionsother cargoes, information, licences or authorisations to enable laytime shall be calculated based on the Goods or Services to total quantity discharged at the Akita port and shall be supplied proportionally allocated based on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any ▇ of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractLading quantities. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless Where the Goods are to be sourced by the Supplier from a country outside the United Kingdom the provisions of Clause 4.1 – 4.3 will (subject to any special terms agreed otherwise in writing by between the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at apply despite any other provision of the place specified in the Order ConfirmationContract. 4.2 Unless otherwise agreed in writing (email, letter, quotation or order acknowledgement) the currency for the Price will be pounds sterling. 4.3 The Supplier shall deliver the Goods to the Customer using the manner of Delivery nominated in the Supplier’s Quotation under the International Chamber of Commerce's (ICC) Incoterms® Rules 2020 (Incoterms® 2020) and the Supplier shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979; 4.4 The Goods are to be Delivered in accordance with the ICC terms agreed between the parties or as stated in the quotations if not otherwise agreed where each term is defined in Incoterms® 2020 4.5 Any dates quoted for delivery of the Goods or performance of Services Delivery are approximate only, and the time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller The Supplier shall not be liable for any delay in delivery of the Goods or Services where Buyer failed caused by: (a) a Force Majeure Event; or (b) the Customer's failure to provide written notice the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods including without limitation, seeking to vary the rule under Incoterms® 2020 applying to Delivery; or (c) the inability of the Supplier for whatever reason to arrange carriage on commercial terms or at all. (d) customs withholding clearance of the Goods or delaying clearance of the goods (whereupon any demurrage will be shared equally with Customer unless the clearance delay is that of the Customer or the products being shipped whereupon Customer will bear the costs in accordance with Condition 4.3 or full) 4.7 If the Supplier fails to Deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of exact description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any delay failure to Deliver the Goods to the extent that such failure is caused by: (i) by a Force Majeure Event or (ii) Buyer’s the Customer's failure to provide Seller the Supplier with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the supply of the Goods. 4.8 If the Customer fails to collect the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or Services delay is caused by a Force Majeure Event: (a) Subject to be supplied on time (“the relevant Incoterms® 2020, Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.completed at

Delivery. 4.1 Unless agreed otherwise in writing by (a) If the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate onlyVessel is delayed beyond the Delivery Date, and time of delivery is not of the essenceContract Price shall be reduced by deducting therefrom as follows: 1st - 10th day [*] 11th - 20th day [*] 21st - 180th day [*] [*]. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for If the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods Vessel should continue for a period in excess of 180 days after Delivery Date, the Buyer may at its option cancel the Contract. Provided the Buyer has not sent notice of cancellation as provided for in Article XII hereof within [*] of delay having elapsed after the Delivery Date, the Builder may thereafter demand in writing that the Buyer shall make an election either to cancel the Contract, or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) consent to the acceptance of the delivery at a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable specific future date reasonably estimated by the Goods or Services Builder to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods date when they are the Vessel will be ready for delivery or delivery; in which case the Buyer shall, within fifteen (15) days after such demand is received by Buyer, notify the Builder of its choice it being understood that, if the Buyer elects not to provide any Delivery Information to enable on time deliverycancel and the Vessel is not delivered by such future date, the Goods will Buyer shall have the right to cancel the Contract. Should the Buyer fail to give such notification within the said fifteen (15) days, the Buyer shall be deemed to have been accepted the new date for delivery as proposed by the Builder. Buyer’s acceptance (or deemed acceptance) of a later delivery date pursuant to this paragraph or paragraph (c) following shall be without prejudice to Buyer’s rights to liquidated damages. (c) If the total accumulated delay of non-Permissible Delay and of Force Majeure Delay, but excluding other Permissible Delay, amounts to [*] or more, then in such event the Buyer may cancel the Contract. The Builder may, at any time after expiry of the said [*] demand in writing that the Buyer shall make an election either to cancel the Contract or to consent to the acceptance of the delivery at a specific future date reasonably estimated by the Builder to be the date when the Vessel will be ready for delivery, in which case the Buyer shall, within fifteen (15) days after such demand is received by Buyer, notify the Builder of its choice; it being understood that, if the Buyer elects not to cancel and the Vessel is not delivered by such future date, the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice shall have the right to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under cancel the Contract. 4.6 If Seller's delivery note or package labelling states that . Should the Packages in which Buyer fail to give such notification within the Goods are delivered are returnable to Sellersaid 15 days, such Packages the Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages deemed to have accepted the new date for which a charge have been made delivery as proposed by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsthe Builder.

Delivery. 4.1 Unless 8.1 Except as otherwise agreed otherwise by both parties in writing by the parties, all Goods are delivered FCA EXW (“Free carrier” ex works) Seller’s manufacturing plant stated in the relevant purchase order. EXW (ex works) is as defined in INCOTERMS 2020®2010. The Buyer will provide at its expense adequate and appropriate equipment and manual labour for loading or off-loading (as appropriate) at the place specified in the Order ConfirmationGoods. 4.2 Any 8.2 All delivery dates quoted and times are estimates and not legally binding on the Seller, which will use its reasonable endeavours to make available for collection or deliver (as appropriate) on time. If no delivery of the Goods or performance of Services dates and/or times are approximate onlyspecified, and time delivery will be within a reasonable time. Time of delivery is will not be of the essence. 4.3 In 8.3 The Seller will be deemed not to be in breach of the event Contract, and (for the avoidance of doubt) will not be liable in contract, tort or otherwise howsoever and whatever the cause thereof, to the Buyer for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar), costs, damages, charges or expenses caused directly or indirectly by any delay or failure in the delivery of the Goods (even if caused by the Seller’s negligence) except as set out in this Condition 8. 8.4 Any additional costs incurred by the Seller for express deliveries undertaken at the request of the Buyer are for the account of the Buyer and will be added to the Prices and invoiced in accordance with Condition 15.2. 8.5 Any delay in delivery, delivery will not entitle the Buyer shall give to cancel the purchase order unless and until the Buyer has given 14 days’ written notice to the Seller requiring the delivery to be made and the Seller has not fulfilled the delivery within 14 daysthat period. If the Buyer cancels the purchase order in accordance with this Condition 8.5 then: 8.5.1 the Seller will refund the Buyer any sums which the Buyer has paid to the Seller in respect of that purchase order or part of the purchase order which has been cancelled; and 8.5.2 the Buyer will be under no liability to make any payments under Condition 15 in respect of that purchase order or part of the purchase order which has been cancelled. 8.6 Subject to Condition 4.413, if Seller fails to fulfil in the event of non-delivery within 14 days, of the Goods following the service of a written notice by the Buyer shall be entitled to cancel under Condition 8.5 the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 . The Seller shall not be liable will have no liability for any delay in delivery of failure to deliver to the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay extent that such failure is caused by: (i) a Force Majeure Event or (ii) by the Buyer’s failure to provide the Seller with adequate instructionsdelivery instructions or any other instructions that are relevant to the supply of the Goods. If the Buyer fails to provide written notice of non- delivery in accordance with Condition 8.5, information, licences or authorisations the Seller shall have no liability whatsoever to enable the Goods or Services to Buyer for such non-delivery and the Buyer shall be supplied on time (“Delivery Information”)liable for the Price of the Goods. 4.5 8.7 If the Buyer refuses or fails to take delivery of any of the Goods when they are ready or tendered for delivery (as appropriate) or to provide any Delivery Information instructions, documents, licences or authorisations required to enable the Goods to be delivered on time delivery(except solely on account of the Seller’s default), the Goods will be deemed to have been delivered on or by the due date and (without prejudice to its other rights) the Seller may may: 8.7.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with Condition 8.7.3 and charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following ; and/or 8.7.2 recover from the Buyer all wasted transport costs resulting from the Buyer’s refusal or failure to take delivery of the Goods when tendered for delivery; and/or 8.7.3 following written notice to ▇▇▇▇▇the Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the Price of the Goods under the Contract, having taken into account any charges related to the sale and any charges referred to in Conditions 8.7.1 and 8.7.2. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 16.1 Unless agreed otherwise in writing notified by the partiesCompany in the Order, all the Goods are shall be delivered FCA Free Carrier (“Free carrier” in accordance with the most recent version of the Incoterms), to such place of delivery as defined is indicated by the Company, provided that the Seller shall be responsible for loading the Goods. Notwithstanding the foregoing, the Company may request the Seller to arrange for transportation to the Company's premises through the carrier nominated by the Company. 16.2 The date for delivery shall be specified in INCOTERMS 2020®) at the Order, or if no such date is specified then delivery shall take place within 28 days after placing the Order. If the actual date of delivery to the Company’s premises is later than that specified in the Order Confirmationthen without prejudice to any other rights it may have, the Company may apply the remedies as set forth in these Conditions. 4.2 Any dates quoted for delivery 16.3 The Seller warrants that all components and spare parts of the delivered Goods or performance (including any software) will be available during the technical life of Services are approximate only, the delivered Goods and time of promptly dispatched to the Company upon its request. 16.4 The Seller shall ensure that each delivery is not accompanied by a delivery note which shows, inter alia, the Order number, line item number, date of Order, number of packages and contents and, in the essence. 4.3 In the event case of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time partial delivery, the Goods outstanding balance remaining to be delivered. 16.5 Unless otherwise stipulated by the Company in the Order, deliveries shall only be accepted by the Company in normal business hours. 16.6 If the Seller requires the Company to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Company and any such packaging material will only be returned to the Seller at the cost of the Seller. 16.7 Where the Company agrees in writing to accept delivery by installments the Contract will be deemed to have been delivered construed as a single Contract in respect of each installment. Nevertheless, failure by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell deliver any installment shall entitle the Company to avail itself of the Goods at the best price reasonably obtainable remedies as set forth in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractArticle 8. 4.6 16.8 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Sellerthe Company in excess of the quantities ordered, such Packages the Company shall not be returned in accordance with such instructions. If such Packages are not so returned they bound to pay for the excess and any excess will be chargeable and will remain at replacement value the Seller’s risk and no credit will be due on Packages for which a charge have been made by returnable at the Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets’s expense.

Delivery. 4.1 Unless agreed otherwise in writing 4.1. Arkay shall ensure that: - (a) each delivery of the Goods is accompanied by a delivery note which shows the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in date of the Order Confirmation, all relevant Customer and Arkay reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Arkay requires the Customer to return any packaging materials to Arkay, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Arkay shall reasonably request. Returns of packaging materials shall be at the Customer’s expense. 4.2 4.2. ▇▇▇▇▇ shall deliver the Goods to the Delivery Location at any time after Arkay notifies the Customer that the Goods are ready. Arkay shall give the Customer not less than 2 days’ notice that the Goods are ready and the proposed date of the delivery of the Goods. 4.3. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location (Delivery Completion). The Customer shall grant Arkay access to the Delivery Location in order to effect delivery of the Goods and the Customer shall be responsible for off-loading the Goods. Any dates quoted for delivery of or in the Goods or performance of Services Order Confirmation are approximate only, and the time of delivery is not of the essence. 4.3 In 4.4. If the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller Customer fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in take actual delivery of the Goods within 2 Business Days of Arkay notifying the Customer under Clause 4.2 that the Goods are ready, then, except where such failure or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) by a Force Majeure Event or (ii) Buyer’s Arkay's failure to provide Seller comply with adequate instructions, information, licences or authorisations to enable its obligations under the Goods or Services to be supplied on time Order then: - (“Delivery Information”). 4.5 If Buyer refuses or fails to take a) delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will shall be deemed to have been delivered by completed at 9.00 am on the due date third Business Day after the day on which Arkay notified the Customer that the Goods were ready; and (b) Arkay shall store the Goods until delivery actually takes place and Seller may charge Buyer the Customer shall pay for all related costs and expenses incurred by Arkay (including for demurrage claimswithout limitation storage, wasted transport, storage delivery and transportation costs and insurance). 4.5. Following written notice to If within 10 Business Days after the day on which ▇▇▇▇▇▇ notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, Seller Arkay may also sell any resell or otherwise dispose of part or all of the Goods at and, after deducting reasonable storage, handling and selling costs, account to the best Customer for any excess over the price reasonably obtainable in of the circumstances and Goods or charge Buyer the Customer for any shortfall below the Price price of the Goods under the ContractGoods. 4.6 If Seller's delivery note or package labelling states that the Packages in which 4.6. Arkay may deliver the Goods are delivered are returnable to Sellerby instalments, such Packages which shall be returned invoiced and paid for separately. Any delay in accordance with such instructions. If such Packages are delivery or defect in an instalment shall not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or entitle the Customer to cancel any other containers and palletsinstalment.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods Goods, and (b) reimbursing Buyer for the reasonable and proper external costs and expenses incurred by Buyer Buyer, in obtaining replacement goods of similar description and quality quality, at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences licenses or authorisations authorizations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. Buyer will provide at its expense adequate and appropriate equipment and manual labour for off-loading the Goods. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed Generally, and unless otherwise expressly established in writing writing, the sale will be made “Ex Works”, i.e., GOIZPER will provide the goods to the Customer – or to the haulage contractor hired by the partieslatter to transport goods to their facilities - in the facilities of GOIZPER. From that moment, all Goods are delivered FCA expenses (“Free carrier” transport, insurance, customs, etc.), as defined in INCOTERMS 2020®) at well as the place specified risks of damage or loss of goods, shall be met by the Customer. For such purposes, the provision of the goods shall be understood as depositing them in the Order Confirmation. 4.2 Any facilities of GOIZPER and the corresponding notice to the customer or, in their absence, the haulage contractor assigned, whether this notice is made by GOIZPER by telephone or in writing. In case of telephone notice, the existence of a notice will be presumed if thirty (30) days have elapsed since the estimated delivery date communicated by GOIZPER without the Customer – or their haulage contractor – having picked up the goods from the facilities of GOIZPER. GOIZPER will never offer closed, final and/or binding delivery dates. In this regard, all delivery dates quoted indicated by GOIZPER will only be approximate and communicated by GOIZPER in good faith and solely for the purpose of facilitating a smooth business relationship. As a result, GOIZPER will not assume any direct or consequential liability for any type of losses or damages arising from the delivery of goods before or after the Goods or performance of Services are approximate only, and time of estimated delivery is not of the essence. 4.3 date communicated in a non-binding manner. In the event of any delay by the Customer in deliveryreceiving the goods provided in the aforementioned terms, Buyer shall give written notice GOIZPER reserves the right to Seller requiring claim from the delivery Customer the payment of an amount equivalent to be made within 14 daysthe storage costs incurred by the demurrage of the materials from the seventh working day after the provision of the goods until the actual receipt thereof. Subject to Condition 4.4, if Seller fails to fulfil If the delivery within 14 delay continues for a period of more than ninety (90) days, Buyer shall be entitled GOIZPER may make use of them at its free will, without prejudice to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited right of GOIZPER to (a) refunding any sums which Buyer has paid for request the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price payment of the relevant Goodsstorage costs indicated herein. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing Seller shall deliver equipment for each Liquefaction Train DDP the marine offloading facility(ies) adjacent to the Site as designated by Buyer to Seller for the partiesitems to be delivered by ocean vessel/barge (Incoterms 2010) and DDP the Site for the items to be delivered by truck (Incoterms 2010) (collectively, all Goods are delivered FCA (the “Free carrier” as defined in INCOTERMS 2020®) at the place specified Delivery Point”). Except for those obligations expressly set forth in the Order Confirmation. 4.2 Any dates quoted for delivery of applicable Incoterms 2010 or as specifically provided under the Goods or performance of Services are approximate onlyAgreement, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for in any delay in claim asserted by Buyer with respect to delivery of the Goods or Services where Buyer failed to provide written notice Liquefaction Trains beyond the Delivery Point. The date of delivery for each Liquefaction Train is the date on which the Liquefaction Train in its entirety is delivered in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure this Clause 9.1 per the Incoterms to provide Seller with adequate instructionsthe Delivery Point. For the avoidance of doubt, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of an individual Liquefaction Train for purposes of the Goods Agreement shall occur only when they are ready Seller has complied with all of its delivery obligations hereunder for that individual Liquefaction Train in its entirety. Except as otherwise provided in the Project Schedule or authorized in writing by Buyer, Seller shall not (a) deliver Liquefaction Trains 1 – 4 and 9 – 12 (as provided in the Project Schedule) to the Delivery Point more than [***] prior to the last day on which Buyer would be entitled to payment of a bonus pursuant to Clause 6.7, (b) deliver Liquefaction Trains 5 – 8 (as provided in the Project Schedule) to the Delivery Point more than [***] prior to the last day on which Buyer would be entitled to payment of a bonus pursuant to Clause 6.7, (c) deliver Liquefaction Trains 13 – 18 (as provided in the Project Schedule) to the Delivery Point more than [***] prior to the last day on which Buyer would be entitled to payment of a bonus pursuant to Clause 6.7, and (d) deliver Liquefaction Trains 19 – 24 (as provided in the Project Schedule) to the Delivery Point more than [***] prior to the last day on which Buyer would be entitled to payment of a bonus pursuant to Clause 6.7. Upon delivery or to provide any Delivery Information to enable on time deliveryBuyer shall unload delivered items within a reasonable time, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractocean vessel/barge shipments no later than [***] from delivery. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise 7.1. The Goods shall be delivered in writing by accordance with the partiesterms stated overleaf. Where the terms of delivery are not stated overleaf, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for then delivery of the Goods or performance of Services shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are approximate onlyready for collection or, and time of if some other place for delivery is not of agreed by the essenceSeller, by the Seller delivering the Goods to that place. 4.3 In 7.2. The date for delivery as stated overleaf is only an estimate and the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered or Services where Buyer failed shipped by the Seller in advance of the date of delivery stated overleaf on giving reasonable notice to provide written notice the Buyer. 7.3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with Condition 4.3 these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 7.4. If the Seller fails to deliver the Goods (or any instalment) for any delay that is caused by: (i) a reason other than any cause due to Force Majeure Event or (ii) the Buyer’s failure fault, and the Seller is accordingly liable to provide Seller with adequate instructionsthe Buyer, information, licences or authorisations the Seller’s liability shall be limited to enable the Goods or Services excess (if any) of the cost to be supplied on time the Buyer (“Delivery Information”)in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. 4.5 7.5. If the Buyer refuses or fails to take delivery of the Goods when they are ready for or fails to give the Seller adequate delivery instructions prior to delivery (otherwise than by reason of the Seller’s fault) then, without limiting any other right or remedy available to provide any Delivery Information to enable on time deliverythe Seller, the Seller may: (a) store the Goods will be deemed to have been delivered by until actual delivery and charge the due date and Seller may charge Buyer for all related the reasonable costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also ) of storage; or (b) sell any of the Goods at the best price reasonably readily obtainable in and (after deducting all reasonable storage and selling expenses) account to the circumstances and Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the Price of the Goods price under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Supplier shall deliver the Goods in accordance with any delivery timescales, delivery dates and delivery instructions (to include, without limitation, as to delivery location and delivery times) set out in the Specification and Tender Response Document, a Consignment Request, or a Purchase Order or as otherwise agreed otherwise with the Authority in writing. Delivery shall be completed when the Goods have been unloaded at the 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 by (where due to an emergency such arrangements cannot be committed to writing prior to collection, the partiesParties shall confirm such arrangements in writing as soon as possible following collection). Where the Authority collects the Goods, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at collection is deemed delivery for the place purposes of the Contract. The Supplier shall ensure that a delivery note shall accompany each delivery of the Goods. Such delivery note shall contain the information specified in the Order Confirmation. 4.2 Any 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 quoted for may be refused unless the Authority has previously agreed in writing to accept such deliveries. Where delivery of the Goods or performance is refused by the Authority in accordance with this Clause 2.4 of Services are approximate onlythis Schedule 2, the Supplier shall be responsible for all risks, costs and time of expenses associated with the re-delivery is not of the essence. 4.3 In Goods in accordance with the event of delay in deliveryagreed delivery times/dates. Where the Authority accepts delivery more than five (5) days before the agreed delivery date, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Authority shall be entitled to cancel charge the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid Supplier for the undelivered Goods costs of insurance and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price 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 Goods. 4.4 Seller shall not be liable for any delay in licences, all related costs, and all other costs associated with the delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date location and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any unloading of the Goods at that location. Without limitation to the best price reasonably obtainable foregoing provision of this Clause 2.5 of this Schedule 2, unless otherwise stated in the circumstances Specification and charge Buyer 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 shortfall below delays to the Price 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 under and shall be liable to the Contract. 4.6 If Seller's delivery note Authority for any extra duties or package labelling states that the Packages in 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 third party carriers engaged to deliver the Goods are delivered are returnable to Seller, such Packages shall at no time be an agent of the Authority and accordingly the Supplier shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value liable to the Authority for the acts and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsomissions of all third party carriers engaged to deliver the Goods to the Authority.

Delivery. 4.1 10.1. Any delivery date indicated by Synertech Innovations shall merely be regarded as the estimated date of delivery and shall not bind Synertech Innovations to effect delivery on or near such date. 10.2. The customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against Synertech Innovations (whether for losses, costs, damages, expenses, interest or otherwise) on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent (including grossly negligent) act or omission attributable to Synertech Innovations. 10.3. If delivery of any particular order is to be effected in consignments, Synertech Innovations shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered has been paid (also refer to paragraph 18.2. 10.4. If the goods are to be delivered by road, the customer shall be obliged to procure that the delivery destination shall be easily accessible to road transport vehicles. Unless specifically quoted for the cost of goods does not include delivery or transport costs. The customer shall be responsible for off-loading the goods at the delivery destination at the customer’s risk and costs. If the goods are to be transported by rail, the customer, at his risk, shall be responsible for collection of the goods at the railhead and the goods shall be regarded as delivered, if Synertech Innovations has agreed otherwise to deliver it at the railhead, when Synertech Innovations delivers it to the railhead to be so transported. 10.5. If Synertech Innovations agrees to engage a third party to transport the goods, then Synertech Innovations is hereby authorized to engage a third party of its choice on the customer’s behalf and on the terms deemed fit by Synertech Innovations, at the costs and risk of the customer to collect the goods (which shall constitute delivery when it is so collected) and transport it to the Customer. The customer hereby indemnifies Synertech Innovations against any costs and claims that may arise against Synertech Innovations from such engagement. 10.6. The customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods and the onus of proof of any missing or damaged goods shall rest on the customer. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the customer notifies Synertech Innovations in writing by within 3 business days of the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not goods of the essenceclaim in question and specifying the goods relating to such claim. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days10.7. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer The customer shall be entitled obliged to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-furnish all information necessary to enable delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not goods to be liable for any delay in delivery of effected. If the Goods customer fails or Services where Buyer failed refuses to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, furnish the information, licences delays, or authorisations fails or refuses to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses take delivery or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliverymake payment, the Goods will goods shall notwithstanding the provisions of clause 7 be deemed to have been delivered to the customer forthwith. The customer shall be obliged to collect the relevant goods from Synertech Innovations at his risk and costs. The risk in and to the goods shall pass to the customer on the deemed date of delivery and Synertech Innovations shall, in addition to any other rights it may have, be entitled to charge the customer for the storage of the goods at a storage rate of 1% per month or portion thereof calculated on the value of the goods stored as from the date of delivery until the date it is collected by the due date customer and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractpayable before collection thereof. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing Any delivery date(s) provided by Seller to Customer are non-binding estimates, and Seller reserves the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®right to modify the delivery date(s) at the place specified in the Order Confirmationwithout notice. 4.2 Any dates quoted for Seller shall inform Customer on its readiness to ship and Customer shall confirm a delivery date within latest 30 days after such confirmation. Customer is aware and acknowledges that any failure to communicate a delivery date within the said period will cause a default of the Goods or performance acceptance of Services are approximate only, and time of delivery is not of the essenceCustomer. 4.3 In the event of delay Any customary costs incurred in deliveryparticular for storage, Buyer and with a minimum as charged by Seller´s logistic company, be it at Seller´s premises or be it at a third party storage company, shall give written notice be reimbursed to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price days after receipt of the relevant Goodsinvoice notwithstanding Sellers right to claim further damages incurred. 4.4 Seller For any deferral of any delivery periods, if so agreed by Seller, Customer hereby agrees that storage shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructionsdone at Seller´s affiliate Coolbridge Szolgáltató Kft., informationH-▇▇▇▇ ▇▇▇▇, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇▇▇ ▇▇ ▇., ▇▇▇ number: 27045602-2-11 according to the respective terms and conditions as valid at the time being. 4.5 If Seller may also sell has agreed in writing to a specific delivery or shipping schedule, (i) it shall commence on the date of Seller’s Order Confirmation, but not before Customer’s delivery of other necessary documents, including any of agreed security if any and (ii) end on the date on which Seller delivers the Goods at to the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractcarrier. 4.6 Seller shall be entitled to partial shipments within reason. Seller will also have the option of billing for partial shipments. Partial shipments will be made and invoiced by Seller when ready according to clause 4.2. 4.7 Delay in delivery of any partial shipments shall not relieve Customer of its obligation to pay for any shipments received prior to such delay or its obligation to accept the remaining deliveries. 4.8 If Seller's delivery note or package labelling states that the Packages in which Customer is unable to receive the Goods are delivered are returnable when tendered, Customer shall be liable to Seller for any loss, damage, or additional expense incurred or suffered by Seller as a result thereof. 4.9 Any quoted lead time(s) may be impacted due to the COVID-19 or any future pandemic and any related foreseeable or unforeseeable circumstances arising from it, including but not limited to government regulations, labor shortages, supply chain disruptions, or measures taken to preserve the health and safety of Seller’s workforce. Any quoted lead time(s) shall be considered an estimate based upon the best information available to Seller at the time the estimate is made and is subject to change without notice. 4.10 In case of a delay of Seller, Customer shall send a reminder letter to Seller, such Packages stating a reasonable deadline for the fulfillment of the performance. 4.11 Where the Customer incurs damage due to a delay arising from Seller's slight negligence, the Customer shall be returned entitled, in accordance with such instructionsexclusion of further compensation for damages resulting from delay, to claim a half percent (0.5%) for each full week, but overall not more than five percent, of the value of the part of the total delivery that cannot be used in due time because of the delay. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which the delay is caused intentionally or by gross negligence by Seller or constitutes a charge have been made by violation of a material obligation of Seller, statutory liability shall apply. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsSeller reserves the right to demonstrate that the Customer has suffered a damage smaller than the aforementioned lump sum.

Delivery. 4.1 5.1. Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted , we shall deliver the Goods pursuant to "FCA" (as defined in the Incoterms® 2010, or such replacement version of the Incoterms), to the delivery place named in the Order Confirmation. Where the delivery place is not named, this shall be our premises at Hayhole Works, Northumberland Dock Road, Wallsend, Tyne & Wear, NE28 0PB. Where the delivery method is not stated in the Order Confirmation, we shall select, at our sole discretion, the delivery method and carrier, and set the timeframe for delivery. Where we contract for carriage under FCA, we do so at the Buyer's risk and expense. The timeframes provided for delivery are an estimated date only. We do not assume any kind of the Goods or performance of Services are approximate only, and time guarantee for these dates. Time of delivery of goods is not of the essence. 4.3 In . If the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, within three days of us notifying it that the Goods will are at the delivery location, then delivery shall be deemed to have been delivered by completed and we shall be entitled to store the due date Goods until delivery actually takes place, and Seller may charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇If within a further period of five days, Seller the Buyer has not taken delivery, we may also sell any resell or otherwise dispose of the Goods at and after deducting our related costs and expenses of storage (as noted above), we may charge the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price price of the Goods under the ContractGoods. 4.6 If Seller's delivery note 5.2. Unless otherwise expressly agreed in writing in individual instances, we may deliver a surplus /short deliveries of Goods up to and including ten percent (10%) of the ordered quantity or package labelling states that the Packages weight of Goods, in which case the Buyer may not rejected the Goods are but a pro-rata price adjustment will be made. The weight of Goods delivered are returnable to Seller, such Packages shall be returned in accordance with such instructionsconclusive as per the net weight indicated on the dispatch note. If such Packages are not so returned they the import regulations of the country of destination prohibit deviations from the ordered amount, the Buyer is obliged to inform us at the time of order. Should the Buyer omit this information, the Buyer shall be liable for all costs, losses, expenses, fines, demands and damages (on an indemnification and hold harmless basis) caused by the Buyer's failure, and whether incurred by the us or the Buyer. 5.3. We shall have the right to effect partial delivery in respect of any order. 5.4. The Buyer may specifically request that an order is to be delivered in instalments. If we agree, the dates for delivery of each instalment of Goods will be chargeable at replacement value and no credit set out in the Order Confirmation. These dates will be due estimates only. The Buyer shall not be permitted to bring forward any estimated dates for delivery of instalments or to cancel any instalments, and the Buyer is contractually obliged to purchase, and take delivery of all instalments on Packages the estimated delivery date, as at the date of our Order Confirmation. Where orders are to be delivered by instalments, they may be invoiced and paid for which separately. References in these Terms and Conditions to orders shall, where applicable, be read as references to instalments. 5.5. Any containers provided by us will be made available to the Buyer for up to two months for an appropriate fee. We will collect the containers within a charge have been made by Sellerreasonable time period after notification for collection. "Packages" Euro pallets shall include bulk tankersbe only delivered in exchange for the same number of undamaged empty pallets (euro pallets). The Buyer shall bear the costs for repair or changing of containers or Euro pallets in case of loss or damage. As long as the obligation to return or to indemnify is not fulfilled, minibulks, flexis, crates, boxes or other containers and palletsthe Buyer shall pay an appropriate fee.

Delivery. 4.1 Unless agreed otherwise in writing by (a) Seller shall use commercially reasonable efforts to deliver the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at on the place delivery date specified in the Sales Order ConfirmationConfirmation (the “Required Arrival Date”), using Seller’s standard methods for manufacturing and/or procuring, packaging and shipping such Goods. Notwithstanding the foregoing, Seller may, at its option, deliver the Goods up to fourteen (14) days prior to the Required Arrival Date. 4.2 Any dates quoted for (b) Seller shall deliver the Goods to the delivery address specified in the Sales Order Confirmation (the “Delivery Location”), which may be Seller’s place of business. If the Delivery Location is Seller’s place of business, Buyer shall take delivery of the Goods or performance within fourteen (14) days of Services are approximate only, and time of delivery Seller’s written Notice (as such term is not of defined below) that the essenceGoods have been delivered to the Delivery Location. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (ac) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable If for any delay in delivery of the Goods or Services where reason Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for pursuant to Section 2(b) or fails to accept delivery or to provide of any Delivery Information to enable on time delivery, of the Goods will on the actual date of delivery of the Goods (the “Delivery Date”), or if Seller is unable to deliver the Goods at the Delivery Location on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations, then on such date: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered to and (subject to Section 7) accepted by Buyer; and (iii) Seller, in its sole and absolute discretion, may resell, destroy or store the due date and Seller may charge Goods until Buyer picks them up, whereupon, in any such event, Buyer shall be liable for all related costs and expenses (including for demurrage claimsincluding, wasted transportwithout limitation, storage and insurance). Following written notice Seller reserves the right, in its sole and absolute discretion, to store, resell, or destroy any Goods for which Buyer does not take or accept delivery or fails to provide appropriate instructions, documents, licenses or authorizations for such delivery, and Seller shall, in any such event, be relieved of any responsibility or liability with respect to those Goods. (d) Buyer shall be responsible for all loading costs and shall provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Location. (e) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods 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 the Sales Order Confirmation. (f) Buyer may request a delayed delivery of the Goods, in which case Buyer assumes the risk of loss of such Goods as of the Required Arrival Date set forth in the applicable Sales Order Confirmation. (g) The quantity of any installment of Goods as recorded by ▇▇▇▇▇, Seller may also sell any ▇ on dispatch from Seller’s place of business is conclusive evidence of the Goods at the best price reasonably obtainable in the circumstances and charge quantity received by Buyer for any shortfall below the Price of the Goods under the Contracton delivery absent manifest error. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery 6.1 Subject to agreement of the Goods or performance of Services are approximate onlyparties and to the procedures set forth herein, delivery and time of delivery is not receipt of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer crude oil sold under this Agreement shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services based on FOB vessels to be supplied on time by BUYER or BUYER’s ASSIGNEE at the loading terminal at [REDACTED], operated by SUMED (“Delivery InformationSELLER’s Supplier”). 4.5 If Buyer refuses 6.2 SELLER agrees to deliver or fails cause to take delivery be delivered crude oil to BUYER or BUYER’s ASSIGNEE and BUYER or BUYER’s ASSIGNEE agree to receive the same or cause the same to be received from SELLER in accordance with monthly lifting schedules agreed upon; provided, however, that SELLER, while according nondiscriminatory treatment to buyers, shall not be required to furnish a quantity of any grade of crude oil exceeding the capacity of its facilities. BUYER’s ASSIGNEE performance hereunder shall not relieve BUYER of any of its obligations under this Agreement as further provided in Paragraph 6.7 below. 6.3 SELLER, at its discretion, may cause its affiliate, Bolanter Corporation N.V. (“Bolanter”), or such other third party affiliated with SELLER as SELLER shall designate in writing (“Third Party Affiliate”), to perform SELLER’s obligation to deliver crude oil under this Paragraph 6, provided SELLER’s so doing shall not relieve SELLER of any of its obligations under this Agreement. 6.4 BUYER shall submit a monthly lifting schedule by the fifth (5th) day of each month preceding the Scheduled Month of Delivery. BUYER shall also submit at this time a provisional nomination schedule for the first fifteen (15) days of the Goods when they are ready month following the Scheduled Month of Delivery. If the fifth (5th) day is a non-working day in London, then the BUYER shall submit a monthly lifting schedule and a provisional nomination schedule by the nearest preceding working day in London. The requested monthly lifting schedule and provisional nomination schedule shall contain a preferred one (1) day date for delivery or each lifting. SELLER shall attempt to accommodate BUYER’s proposed schedule but shall only guarantee lifting dates during the last ten (10) days of the Scheduled Month of Delivery, using its best efforts to provide any Delivery Information to enable on time delivery, lifting dates during the Goods will five (5) days preceding the last ten (10) days in the Scheduled Month of Delivery. The vessel nominated by BUYER or BUYER’s ASSIGNEE shall be deemed to have been delivered arrived at the load port on the accepted date if it arrives at the customary anchorage within one (1) day before or one (1) day after the date accepted by SELLER. Any subsequent revisions requested by the due date BUYER and Seller may charge Buyer accepted by the SELLER shall be limited to a one (1) day acceptance range and the vessel nominated by BUYER or BUYER’s ASSIGNEE shall be deemed to have arrived at the load port only on the accepted date. 6.5 SELLER shall authorize SUMED to deliver the crude oil to BUYER or BUYER’s ASSIGNEE and BUYER or BUYER’s ASSIGNEE shall arrange with SUMED to lift and receive delivery of the crude oil. Delivery and lifting of crude oil at [REDACTED] shall be subject to and in accordance with the standard terms, conditions, port limitations, practices and procedures of SUMED. BUYER and BUYER’s ASSIGNEE also agree to comply with the operation, lifting, and nomination procedures and obligations required of SELLER, pursuant to the Long Term Transportation Agreement between Bolanter and SUMED (the “Transportation Agreement”). 6.6 BUYER and BUYER’s ASSIGNEE shall defend, indemnify and hold harmless SELLER, Bolanter, and any Third Party Affiliate from and against all claims, demands and liabilities of any kind whatsoever asserted against SELLER, Bolanter, or any Third Party Affiliate by any party as a result of BUYER’s failure to comply with the aforesaid terms, conditions, port limitations, practices and procedures, or as a result of deballasting of dirty ballast water by BUYER or BUYER’s ASSIGNEE. 6.7 Since SELLER is neither the terminal operator nor in control of any of the terminal operations, it is expressly understood and agreed that SELLER will not be liable to BUYER or BUYER’s ASSIGNEE for all related costs and expenses any demurrage, unless such demurrage is caused by SELLER’s failure to make the crude oil available for delivery. In those instances in which demurrage is incurred because of SELLER’s failure, BUYER or BUYER’s ASSIGNEE shall present its claim for reimbursement to SELLER at least sixty (including 60) days prior to the expiration of the time limitation for demurrage claims set out in the applicable terminal regulations. Where BUYER’s demurrage claim does not arise from SELLER’s failure, as an accommodation to BUYER, SELLER will present to the terminal operator, on behalf of BUYER or BUYER’s ASSIGNEE, any claim for demurrage that is presented by BUYER to SELLER at least sixty (60) days prior to the expiration of the time limitation for such demurrage claims, wasted transportas set out in the applicable terminal regulations. After SELLER, storage on BUYER’s behalf, has presented a demurrage claim to the terminal operator, SELLER will follow up and insurance)make reasonable efforts, short of arbitration or litigation, to effect recovery. Following written notice SELLER will promptly remit to ▇▇▇▇▇, Seller may also sell BUYER any monies received from the terminal operator in whole or partial satisfaction of the Goods at demurrage claim of BUYER or BUYER’s ASSIGNEE with the best price reasonably obtainable terminal operator. 6.8 Notwithstanding anything else to the contrary elsewhere in the circumstances and charge Buyer for Agreement, should SELLER in its sole judgment determine that BUYER’s ASSIGNEE has failed in any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable respect to Seller, such Packages shall be returned perform in accordance with such instructionsits obligations under this Agreement, or that BUYER’s ASSIGNEE has become bankrupt or insolvent or otherwise unable to meet its financial obligations, BUYER shall continue to be directly liable to SELLER for the performance of the obligations assigned to BUYER’s ASSIGNEE hereunder. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by SellerNotwithstanding the foregoing, all Bills of Lading issued hereunder shall name BUYER as consignee. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.PBF HOLDING LLC - [REDACTED] - 01 02 11 (ses) Page 7 of 12

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods 2.1 Delivery terms are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified stated in the Order ConfirmationAgreement, or, if none are so stated, Delivered Duty Paid (DDP) the designated Timken facility. Delivery terms are governed by Incoterms 2010. 4.2 Any 2.2 Seller shall deliver all Products and Services on the dates quoted specified by Timken, and meet all of Timken’s required service levels. Time is of the essence for purposes of Seller’s delivery of the Goods or performance of Products and Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 daysTimken. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding Timken may reject any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods Pr oducts or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied not delivered on time (“Delivery Information”). 4.5 If Buyer refuses w hether early or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date late) and return such Products and Services at Seller’s risk and expense. Seller may charge Buyer not w ithhold delivery for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to any reason w ithout the prior w ▇▇▇▇▇▇ consent of Timken. 2.3 Seller shall deliver all Products and Services in the quantities specified by Timken in a purchase order. Forecast quantities are estimates for reference only and do not constitute binding commitments by Timken to purchase. Quantities delivered in exc ess of ordered quantities may be returned at Seller’s risk and expense. 2.4 Risk of loss and damage to the Products remains w ith Seller until the Products have been delivered to Timken in accordance w ith the delivery terms. Notw ithstanding the preceding sentence, if the Products are received by Timken on consign ment, (a) risk of loss and damage to the Products, and responsibility for insuring the Products against loss and damage, remains w ith Seller until the time at w hich Timken either resells the Products or uses the Products in production (referred to as the “end of the consignment period”), (b) title to the Products remains w ith Seller, and Timken has an absolute right to return the Products, up to the end of the consignment period, and (c) title to the Products passes to Timken at the end of the consignment period. 2.5 If Seller has reason to believe that a delivery of Products or the performance of Services may not be made w ithin the time required by the Agreement, or if an actual delay has occurred, Seller may also sell shall promptly send w ▇▇▇▇▇▇ notice to Timken, stating the cause and expected duration of the delay. During the period of any delay, Seller shall at its sole cost and expense take all steps as are necessary or desirable to mitigate the effects of the delay on Timken and minimize disruption of supply to Timken, including treating Timken no less favorably than any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer its other customers if Seller is required to allocate goods or resources among its customers. If there is an anticipated or actual delay, or a threat by Seller to suspend delivery for any shortfall below the Price reason, Timken may, in addition to all other remedies available to it, take one or a combination of the Goods follow ing actions: (a) direct Seller to ship, at Seller’s sole cost and expense, Products using an expedited method of transportation such as express air freight, (b) acquire substitute Products or Services from other sources, in w hich case Seller shall reimburse Timken for any additional costs and expenses, including incidental costs of cover, and ( c) cancel or reduce the quantities under the ContractAgreement. Timken w ill have no liability to Seller w ith respect to the cancelled or reduced quantities. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise 3.1.1 Seller is legally bound by all delivery times set forth in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability Unless otherwise agreed in writing, part-, over-, early- or short-deliveries are not allowed. 3.1.2 Seller is obliged to immediately inform ▇▇▇▇▇ as soon as it is reasonably foreseeable for Seller that the delivery time cannot be adhered to. If Seller delivers the goods or completes the services later than scheduled, ▇▇▇▇▇ is entitled to all claims under the applicable laws including the right to withdraw from the contract and Buyer’s exclusive remedy the claim for such non-delivery will be limited to (a) refunding any sums which damages in lieu of performance if the Buyer has paid without result set a reasonable period for the undelivered Goods and Seller for performance or cure. 3.1.3 If Seller delivers the goods or completes the services later than scheduled, Buyer may assess liquidated damages of 3% (bat least EUR 500) reimbursing Buyer of the total amount of the Order per each commencing week for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at delay period. Notwithstanding the lowest available market priceforegoing, less the Price amount of the relevant Goods. 4.4 Seller liquidated damages shall not be liable for any delay in delivery exceed 15% (at least EUR 2.500) of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery total amount of the Goods when they are ready for delivery or Order. ▇▇▇▇▇ is entitled to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice claim liquidated damages in addition to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer `s claim for any shortfall below the Price of the Goods performance under the ContractOrder. Buyer’s resort to liquidated damages for the delay period does not preclude ▇▇▇▇▇’s right to other remedies and claims. 4.6 If Seller's 3.1.4 All delivery note or package labelling states that designations are INCOTERMS 2010. The respective delivery designation is also the Packages in which the Goods place where Seller`s delivery obligations are delivered are returnable to Sellerfulfilled (place of fulfillment). Unless otherwise stated, such Packages all goods provided under this Order shall be returned delivered FCA Seller’s facility. However, goods that are to be shipped directly to Buyer’s customer or a location designated by Buyer’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“U.S.”), shall be delivered EXW Seller’s facility. The term EXW used herein is modified from the INCOTERMS 2010 definition to mean “EXW with Seller responsible for loading the goods at Seller’s risk and expense”. Buyer may specify contract of carriage in accordance all cases. Failure of Seller to comply with any such instructions. If such Packages are not so returned they will Buyer specification shall cause all resulting transportation charges to be chargeable at replacement value for the account of Seller and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or give rise to any other containers and palletslegal remedies available.

Delivery. 4.1 Unless agreed otherwise in writing (A) The delivery times provided by the partiesSeller are an indication only and depend on various factors such as availability of the Seller’s stock and, all if required under the Contract, receipt of the Buyer’s instructions or approval. Accordingly, time for delivery shall not be of the essence. Delivery of the Goods are delivered FCA (“Free carrier” as defined shall be in INCOTERMS 2020®) at accordance with the place specified specific incoterm stated in the Order Confirmation. 4.2 Quotation and unless otherwise agreed, ex-works from the Seller’s premises or such other location as the Seller advises. The Buyer shall collect the Goods and be responsible for loading and transporting the Goods at its sole risk and liability. Any dates quoted for delays in the delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of entitle the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails refuse to take delivery of the Goods, claim compensation or other damages, withhold payments due or terminate the Contract. (B) The Buyer shall accept delivery of any shipment or consignment of the Goods when they which is within ten percent (10%) of the Contract quantity. Payment for the Goods so delivered shall be increased or decreased on a pro rata basis. The Seller is not bound to deliver the Goods in one consignment and the Buyer shall accept split deliveries or delivery by instalments. Goods are ready for sent packed in accordance with the Seller’s normal practice. If the Buyer fails or refuses to take delivery or to provide any Delivery Information to enable on time deliveryof the Goods, the Goods will Buyer shall be deemed to have been delivered by the due date and Seller may charge Buyer liable for all related costs costs, charges and expenses incurred including storage, handling and interest. (C) If Seller agrees to deliver the Goods, any shortage or visible damage to the Goods (including for demurrage claims, wasted transport, storage and insurance). Following written notice to packing) must be noted on the ▇▇▇▇▇, ▇▇’▇ ▇▇▇▇ of lading or delivery note at the time of delivery or within such time as to enable the Seller may also sell to comply with the carrier’s conditions of carriage. Details of any shortage or damage must be sent immediately to the Seller in writing. If the bill of lading or delivery note is signed by or on behalf of the Buyer without exception such signature shall constitute conclusive proof that the Goods at were received in good order and the best price reasonably obtainable in quantity was correct. In the circumstances and charge Buyer for any shortfall below the Price case of non-delivery of a whole shipment or consignment, a written claim must be made within seven (7) days of the Goods under date of the Contract. 4.6 If Seller's delivery advice note or package labelling states that the Packages in which invoice whichever is the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletslater.

Delivery. 4.1 Unless otherwise agreed otherwise between MARELLI and Supplier, Supplier shall deliver, and MARELLI shall accept, the Products on DDP basis as defined in the International Commercial Terms (Incoterms 2010) of the International Chamber of Commerce subject to amendments in part hereof. 4.2 MARELLI may issue one or more Firm Order(s) to Supplier specifying the quantities of the Products to be purchased and the required delivery dates. 4.3 Supplier shall deliver the Products to MARELLI in the quantity and by the time specified by MARELLI. Supplier’s obligations relating to the time for production and/or delivery of the Products are integral parts of and constitute conditions of this Agreement. In the event that the delivery of the Products to MARELLI is likely to be delayed, Supplier shall notify MARELLI thereof in advance; provided that such notice shall not release Supplier from its liabilities for all costs, losses and consequential damages resulting from incomplete or delayed delivery; without prejudice to MARELLI’s other available rights and remedies, MARELLI shall have the right to reject in whole or in part the delivery of the Products. Supplier is responsible for all costs (including those arising out of currency fluctuations) and losses (including loss of profits), as reasonably calculated by MARELLI, due to incomplete or delayed delivery. 4.4 Shipments in excess of quantities specified by MARELLI may be returned to Supplier, and Supplier shall pay MARELLI for all return handling and transportation expenses. MARELLI reserves the right to accept, at its sole discretion, in whole or in part, any Products delivered in excess of those specified by MARELLI and may, but shall not be obliged to, make such payment as MARELLI considers appropriate in respect of the excess Products. MARELLI shall not be obliged to give notice to Supplier of its acceptance or rejection of any Products delivered in excess of those specified. 4.5 MARELLI reserves the right, at its sole discretion, to place emergency orders in addition to regular orders placed from time to time under this Agreement or to require Supplier to deliver the Products earlier than the time originally specified by MARELLI. In any such case Supplier shall use its best efforts to comply with such emergency orders or revised timetable. 4.6 Supplier shall timely and accurately fulfill all requests by MARELLI, or its designated agents, for country of origin certification for all Products supplied to MARELLI whether or not preferential origin or tariff treatment applies. This includes, for example, but without limitation, national or international certifications and data for various and applicable Free Trade Agreements, Generalized System of Preferences, Average Fuel Economy and Labeling etc. 4.7 Partial deliveries are not allowed, unless so agreed in writing by the partiesParties. 4.8 Supplier shall supply, together with the delivery, all Goods are delivered FCA necessary documents needed for Products usage (“Free carrier” as defined in INCOTERMS 2020®) at the place for example, user, technical and installation manuals, warranties, etc.). 4.9 Where not otherwise specified in the Order Confirmationwriting, carriage of Products shall be fully at Supplier's own risk and expense. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 4.10 In the event of: 1. missed or delayed or not compliant delivery at the fault of the Supplier; 2. delivery at a place different from the one specified by MARELLI, MARELLI shall have, in its sole discretion, the right to procure elsewhere, at any time, in whole or in part, the Products ordered, at Supplier’s cost and risks, with the sole obligation of notifying Supplier. 4.11 In any case and without prejudice to any further right or remedy, MARELLI shall have the right, but not the obligation, to charge to Supplier an amount equal to 1.5% of the total value of the delayed Products shipments for every 5 business days of delay, provided that the maximum amount of such additional charges, applicable from time to time to any single delay in delivery, Buyer shall give written notice to Seller requiring may not exceed 10% of the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for value of the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price Products. This amount represents a simple estimate of the relevant Goods. 4.4 Seller damage agreed in advance by MARELLI and by Supplier and shall not be liable preclude the right to MARELLI to claim compensation for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructionsfurther damage and, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price case of the Goods under the Contractexceeding this amount, to terminate, with immediate effect, by simple communication, this Agreement. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless 8.1 Except as otherwise agreed otherwise by both parties in writing by the parties, all Goods are delivered FCA EXW (“Free carrier” ex works) Seller’s manufacturing plant stated in the relevant purchase order. EXW (ex works) is as defined in INCOTERMS 2020®2010. The Buyer will provide at its expense adequate and appropriate equipment and manual labour for loading or off-loading (as appropriate) at the place specified in the Order ConfirmationGoods. 4.2 Any 8.2 All delivery dates quoted and times are estimates and not legally binding on the Seller, which will use its reasonable endeavours to make available for collection or deliver (as appropriate) on time. If no delivery of the Goods or performance of Services dates and/or times are approximate onlyspecified, and time delivery will be within a reasonable time. Time of delivery is will not be of the essence. 4.3 In 8.3 The Seller will be deemed not to be in breach of the Contract, and (for the avoidance of doubt) will not be liable, in contract, tort or otherwise howsoever and whatever the cause thereof, to the Buyer for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and similar), costs, damages, charges or expenses caused directly or indirectly by any delay or failure in the delivery of the Goods (even if caused by the Seller’s negligence) except as set out in this Condition 8. 8.4 Any additional costs incurred by the Seller for express deliveries undertaken at the request of the Buyer are for the account of the Buyer and will be added to the Prices and invoiced in accordance with Condition 14.2. 8.5 Any delay in delivery will not entitle the Buyer to cancel the purchase order 8.5.1 the Seller will refund the Buyer any sums which the Buyer has paid to the Seller in respect of that purchase order or part of the purchase order which has been cancelled; and 8.5.2 the Buyer will be under no liability to make any payments under Condition 14 in respect of that purchase order or part of the purchase order which has been cancelled. 8.6 Subject to Condition 12, in the event of delay in delivery, Buyer shall give non-delivery of the Goods following the service of a written notice to Seller requiring by the delivery to be made within 14 days. Subject to Buyer under Condition 4.4, if Seller fails to fulfil 8.5 the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 . The Seller shall not be liable will have no liability for any delay in delivery of failure to deliver to the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay extent that such failure is caused by: (i) a Force Majeure Event or (ii) by the Buyer’s failure to provide the Seller with adequate instructionsdelivery instructions or any other instructions that are relevant to the supply of the Goods. If the Buyer fails to provide written notice of non- delivery in accordance with Condition 8.5, information, licences or authorisations the Seller shall have no liability whatsoever to enable the Goods or Services to be supplied on time (“Delivery Information”)Buyer for such non-delivery. 4.5 8.7 If the Buyer refuses or fails to take delivery of any of the Goods when they are ready or tendered for delivery (as appropriate) or to provide any Delivery Information instructions, documents, licences or authorisations required to enable the Goods to be delivered on time delivery(except solely on account of the Seller’s default), the Goods will be deemed to have been delivered on or by the due date and (without prejudice to its other rights) the Seller may may: 8.7.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with Condition 8.7.3 and charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following ; and/or 8.7.2 recover from the Buyer all wasted transport costs resulting from the Buyer’s refusal or failure to take delivery of the Goods when tendered for delivery; and/or 8.7.3 following written notice to ▇▇▇▇▇the Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the Price of the Goods under the Contract, having taken into account any charges related to the sale and any charges referred to in Conditions 8.7.1. and 8.7.2. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality quality, at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.with

Delivery. 4.1 1. Unless expressly agreed otherwise in writing by the partieswriting, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the delivery shall always take place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice "ex works" in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller the Incoterms of the International Chamber of Commerce, 2020 edition, with adequate instructionsMerinox's warehouse in Alblasserdam, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)Netherlands being regarded as the works. 4.5 If 2. The Buyer refuses or fails is obliged vis-à-vis Merinox to immediately take delivery of the Goods when purchased goods as soon as Merinox has notified the Buyer that they are ready available for delivery or delivery. If the Buyer fails to provide any Delivery Information to enable on time deliverycomply with this obligation, the Goods will goods shall be deemed to have been delivered from the notification referred to in the first sentence of this paragraph, and from that time Merinox shall be entitled to store these goods at the Buyer's expense and risk. In that case, Merinox shall also have the right to invoice the Buyer for the goods, without prejudice to Merinox’ other rights. 3. Agreed delivery dates - even if a specific end date or period has been agreed - are approximate and are not final. In the event of late delivery other than as a result of force majeure, Merinox must be declared in default in writing, whereby Merinox must be granted a reasonable period, which should not be shorter than two weeks at least, to be determined in consultation with it, within which Merinox can still perform. 4. Merinox shall at all times be entitled to deliver the goods which must be delivered pursuant to the agreement in part and to invoice these part deliveries separately. 5. The meaning of delivery terms shall be interpreted on the basis of the Incoterms of the International Chamber of Commerce, 2020 Edition, unless expressly deviated from in the agreement. 6. If the Buyer wishes to return goods to Merinox, it shall require Merinox's prior written permission to do so. The costs of the return shipment shall be payable by the due date and Seller may charge Buyer, while the goods shall travel at the Buyer's risk. If, however, the goods are returned, following written permission from Merinox, within the context of an attributable failure on the part of Merinox, to be demonstrated by the Buyer, Merinox shall compensate the Buyer for all related the costs of returning the goods, provided the Buyer has demonstrated these costs and expenses these costs are reasonable. In all cases, the Buyer shall properly insure the return shipment (including or have it insured), also for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any the benefit of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractMerinox as (co-)insured. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by 3.1 The Goods will be delivered within a reasonable time after the partiesreceipt of ▇▇▇▇▇'s purchase order, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the place specified time of Seller's Sales Confirmation or Seller's quotation and receipt of all specifications, as applicable, and in the Order Confirmation. 4.2 Any dates quoted for delivery case of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited standard items, any such date is subject to (a) refunding any sums which Buyer has paid Seller's receipt of complete information necessary for the undelivered Goods design and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 manufacture. Seller shall not be liable for any delay delays, loss or damage in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 transit or for any delay that is caused by: (i) a Force Majeure Event other direct, indirect, or (ii) Buyer’s failure consequential damages due to provide delays, including without limitation, loss of use. 3.2 Seller with adequate instructionsmay, informationin its sole discretion, licences without liability or authorisations penalty, deliver partial shipments of Goods to enable Buyer and ship the Goods or Services as they become available, in advance of the quoted delivery date. If the Goods are delivered in installments, then insofar as each shipment is subject to the same Agreement, the Agreement will be supplied on time (“Delivery Information”)treated as a single contract and not severable. 4.5 If 3.3 Seller shall make the Goods available to Buyer refuses at Seller's factory or fails to designated shipment point (each, “Seller’s Shipment Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, within 5 days of Seller's written notice that the Goods will have been delivered to the Seller’s Shipment Point. 3.4 If for any reason Buyer fails to 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, documents, 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 by delivered; and (iii) Seller, at its option, may store the due date and Seller may charge Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including for demurrage claimsincluding, wasted transportwithout limitation, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality quality, at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.with

Delivery. 4.1 Unless agreed otherwise in writing The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the partiesdate of the Order, all relevant Buyer and Company reference numbers, the type and quantity of the Goods are (including code number of the Goods, where applicable), the total weight of the Goods being delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in and, if the Order Confirmationis being delivered by instalments, the outstanding balance of Goods remaining to be delivered (the “Delivery Note”). 4.2 The method of delivery will be stated on the Order Acknowledgment and this should be interpreted in accordance with INCOTERMS 2020. 4.3 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and the time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller The Company shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) by a Force Majeure Event or (ii) the Buyer’s failure to provide Seller the Company with adequate instructionsdelivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If the Company fails to deliver the Goods, informationits liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, licences or authorisations less the price of the Goods. The Company shall have no liability for any failure to enable deliver the Goods to the extent that such failure is caused by a Force Majeure Event or Services the Buyer’s failure to be supplied on time (“Delivery Information”)provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer refuses or fails to take delivery cancel any other instalment. 4.6 When the Company delivers the Goods the Buyer will be required to sign the Delivery Note to confirm delivery. Signing of the Delivery Note by, or on behalf of, the Buyer is proof that the Goods when they delivered are ready for delivery or to provide any of the correct quantity and quality. In the event that the Delivery Information to enable on time delivery, Note is not signed by the Buyer then the Goods will be deemed delivered in accordance with the INCOTERMS 2020. If the Buyer discovers there is a discrepancy between the Delivery Note and those Goods which it has accepted the Buyer must inform the Company in writing by email within the following time scales: (a) if the total weight of the Goods, as stated on the Delivery Note, is 500kg or less then within one (1) Working Day; or (b) if the total weight of the Goods, as stated on the Delivery Note, is more than 500kg but less than 3000kg then within two (2) Working Days; or (c) if the total weight of the Goods, as stated on the Delivery Note, is 3000kg or more then within one (1) week. 4.7 The Buyer agrees that in the event of a valid claim for non-delivery, loss or damage to have been delivered by the due Goods, the Company may at its sole discretion either reprocess or replace the Goods at its own expense but shall then be under no further liability in connection with such non-delivery, loss, damage or non-compliance. 4.8 All requests for proof of delivery must be made within a period of 21 days following the date and Seller may charge of the invoice. 4.9 If for any reason the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice is unable to ▇▇▇▇▇, Seller may also sell any accept delivery of the Goods at the best price reasonably obtainable in time when the circumstances and charge Buyer Goods have been notified as ready for any shortfall below delivery, the Price Company may, at the cost of the Buyer, at its sole discretion store the Goods under at the Contract. 4.6 If Seller's delivery note or package labelling states risk of the Buyer and take all reasonable steps to safeguard and insure them, provided that the Packages in which the Goods are delivered are returnable to Seller, such Packages Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimmediately informed thereof.

Delivery. 4.1 Unless agreed otherwise Full delivery prices and options are listed on the GoldenHOOD website or catalogue and are subject to change from time to time. 4.2 Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be discussed for confirmation with the Customer after an Order has been placed. 4.4 GoldenHOOD will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However GoldenHOOD cannot be held liable for any delay in writing by delivery. 4.5 Risk in the parties, all Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify GoldenHOOD immediately if Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) damaged or soiled packaging. 4.6 Goods delivered are used, stored and installed at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, Customer's own risk and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery GoldenHOOD will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in damage, loss or disruption caused by the same unless caused by GoldenHOOD's negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by GoldenHOOD to the Customer before delivery. 4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery of person/driver may at his/her discretion assist with delivering the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: a location within the premises nominated by the Customer, at the Customer's sole risk. 4.8 If (i) a Force Majeure Event the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Buyer’s failure GoldenHOOD or its agent cannot effect delivery because GoldenHOOD or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to provide Seller their policies, industry practice or statutory requirements or (iii) because the Customer has not provided GoldenHOOD with adequate appropriate instructions, informationdocuments, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take properly, legally and safely effect delivery of the Goods, risk in the Goods when they are ready for delivery or passes to provide any Delivery Information to enable on time deliverythe Customer, the Goods will be deemed delivered, and GoldenHOOD may store the Goods until actual delivery, in which case, the Customer will be liable to have been delivered by the due date and Seller may charge Buyer GoldenHOOD for all related costs and expenses (including for demurrage claimscosts, wasted transportsuch as re-delivery charges, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Purchase Order shall specify requested delivery dates. Seller shall ship products with appropriate lead-time such that Products arrive at Buyer's dock on or reasonably around the requested arrival dates (absent a Force Majeure Event); provided, that Seller shall notify Buyer if it has reason to believe that any particular shipment of Products may not arrive at Buyer's dock within ten (10) days after the requested arrival dates, it being agreed otherwise in writing and understood by the partiesparties that the failure by Seller, on more than three (3) occasions with respect to any five (5) consecutive required delivery dates as set forth in Purchase Orders previously [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. EXHIBIT 10.22 CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO RULE 24B-2 CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934. THE OMITTED MATERIALS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. delivered by Buyer and agreed upon by Seller, to deliver all Goods are units required to be delivered FCA pursuant to such Purchase Orders upon any particular delivery date to Buyer's dock within the ten-day period following the respective delivery date (“Free carrier” as defined in INCOTERMS 2020®) at provided the place specified in the Order Confirmation. 4.2 Any dates quoted for cause of such delivery of the Goods or performance of Services are approximate only, and time of delivery failure is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice attributable to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred a request by Buyer that Seller make modifications to one or more Products prior to delivery that would not otherwise have had to been made by Seller in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed order to provide written notice deliver Products in accordance with Condition 4.3 or for any delay that is caused by: (ia then-effective Purchase Order) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)may result in Buyer terminating this Agreement under Section 2.2. 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless 2.1 The Supplier shall deliver the Goods in accordance with any delivery timescales, delivery dates and delivery instructions (to include, without limitation, as to delivery location and delivery times) set out in the Specification and Tender Response Document, a Purchase Order or as otherwise agreed otherwise with the Authority in writing. 2.2 Delivery shall be completed when the Goods have been unloaded at the 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 by (where due to an emergency such arrangements cannot be committed to writing prior to collection, the partiesParties shall confirm such arrangements in writing as soon as possible following collection). Where the Authority collects the Goods, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at collection is deemed delivery for the place purposes of the Contract. 2.3 The Supplier shall ensure that a delivery note shall accompany each delivery of the Goods. Such delivery note shall contain the information specified in the Order ConfirmationSpecification 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. 4.2 Any 2.4 Part deliveries and/or deliveries outside of the agreed delivery times/dates quoted for may be refused unless the Authority has previously agreed in writing to accept such deliveries. Where delivery of the Goods or performance is refused by the Authority in accordance with this Clause 2.4 of Services are approximate onlythis Schedule 2, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Supplier shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy responsible for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper all risks, costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at associated with the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in re-delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take agreed delivery of times/dates. Where the Goods when they are ready for Authority accepts delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.more than five

Delivery. 4.1 Unless agreed otherwise 3.1.1 Seller is legally bound by all delivery times set forth in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability Unless otherwise agreed in writing, part-, over-, early- or short-deliveries are not allowed. 3.1.2 Seller is obliged to immediately inform ▇▇▇▇▇ as soon as it is reasonably foreseeable for Seller that the delivery time cannot be adhered to. If Seller delivers the goods or completes the services later than scheduled, ▇▇▇▇▇ is entitled to all claims under the applicable laws including the right to withdraw from the contract and Buyer’s exclusive remedy the claim for such non-delivery will be limited to (a) refunding any sums which damages in lieu of performance if the Buyer has paid without result set a reasonable period for the undelivered Goods and (b) reimbursing Seller for performance or cure. 3.1.3 If Seller delivers the goods or completes the services later than scheduled, Buyer may assess the agreed amounts as liquidated damages for the reasonable and proper costs and expenses incurred by Buyer delay period. ▇▇▇▇▇ is entitled to claim liquidated damages in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice addition to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer `s claim for any shortfall below the Price of the Goods performance under the ContractOrder. Buyer’s resort to liquidated damages for the delay period does not preclude ▇▇▇▇▇’▇ right to other remedies and claims. 4.6 If Seller's 3.1.4 All delivery note or package labelling states that designations are INCOTERMS 2010. The respective delivery designation is also the Packages in which the Goods place where Seller`s delivery obligations are delivered are returnable to Sellerfulfilled (place of fulfillment). Unless otherwise stated, such Packages all goods provided under this Order shall be returned delivered FCA Seller’s facility. However, goods that are to be shipped directly to Buyer’s customer or a location designated by Buyer’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“U.S.”), shall be delivered EXW Seller’s facility. The term EXW used herein is modified from the INCOTERMS 2010 definition to mean “EXW with Seller responsible for loading the goods at Seller’s risk and expense”. Buyer may specify contract of carriage in accordance all cases. Failure of Seller to comply with any such instructionsBuyer specification shall cause all resulting transportation charges to be for the account of Seller and give rise to any other legal remedies available. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller3. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.ДОСТАВКА,

Delivery. 4.1 Unless agreed otherwise in writing by 6.1 The Goods shall be delivered to, and the partiesServices shall be performed at, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified Delivery Address on the date or within the period stated in the Order Confirmation(as the case may be), in either case during IAC's usual business hours. 4.2 Any dates quoted for 6.2 Where the date of delivery of the Goods or performance of the Services are approximate onlyis to be specified after the placing of the Order, and the Seller shall give IAC reasonable notice of the specified date. 6.3 The time of delivery is not of the essenceGoods and performance of the Services is of the essence of the Contract. 4.3 In 6.4 A packing note quoting the event number of delay in delivery, Buyer shall give written notice to Seller requiring the Order must accompany each delivery or consignment of the Goods and must be displayed prominently. 6.5 If the Goods are to be made within 14 days. Subject delivered, or the Services are to Condition 4.4be performed by instalments, if Seller fails to fulfil the delivery within 14 days, Buyer Contract will be treated as a single Contract and not severable. 6.6 IAC shall be entitled to cancel reject any Goods delivered which are not in accordance with the Order. Seller’s sole liability Contract, and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for deemed to have accepted any delay Goods until IAC has had a reasonable amount of time (having regard to the nature and quality of the Goods and in any event being not less than 2 Working Days) to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent. 6.7 The Seller acknowledges that precise conformity of the Goods with the Contract is of the essence of the Contract, and accordingly IAC shall be entitled to reject the Goods if they are not in conformity with the Contract, however slight the breach may be. 6.8 The Seller shall supply IAC in good time with any instructions or other information required to enable IAC to accept delivery of the Goods and performance of the Services. 6.9 IAC shall not be obliged to return to the Seller any packaging or Services where Buyer failed to provide written notice in accordance with Condition 4.3 packing material for the Goods, whether or for not any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable Goods are accepted by IAC. 6.10 If the Goods are not delivered or the Services to be supplied are not performed on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and then, without limiting any other remedy, IAC shall be entitled to deduct from the Price or (if IAC has paid the Price) to claim from the Seller may charge Buyer by way of liquidated damages for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any delay 2% of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer Price for any shortfall below the Price of the Goods under the Contractevery week’s delay. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless 6.1 Except as otherwise agreed otherwise by both parties in writing by the parties, all Goods are delivered FCA EXW (“Free carrier” ex works) Seller’s manufacturing plant stated in the relevant purchase order. EXW (ex works) is as defined in INCOTERMS 2020®2010. The Buyer will provide at its expense adequate and appropriate equipment and manual labour for loading or off-loading (as appropriate) at the place specified in the Order ConfirmationGoods. 4.2 Any 6.2 All delivery dates quoted and times are estimates and not legally binding on the Seller, which will use its reasonable endeavours to make available for collection or deliver (as appropriate) on time. If no delivery of the Goods or performance of Services dates and/or times are approximate onlyspecified, and time delivery will be within a reasonable time. Time of delivery is will not be of the essence. 4.3 6.3 The Seller will be deemed not to be in breach of the Contract, and (for the avoidance of doubt) will not be liable in contract, tort or otherwise howsoever and whatever the cause thereof, to the Buyer for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar), costs, damages, charges or expenses caused directly or indirectly by any delay or failure in the delivery of the Goods (even if caused by the Seller’s negligence) except as set out in this Condition 8 and in the case of its wilful default or fraud. 6.4 Any additional costs incurred by the Seller for express deliveries undertaken at the request of the Buyer are for the account of the Buyer and will be added to the Prices and invoiced in accordance with Condition 13.2. 6.5 Any delay in delivery will not entitle the Buyer to cancel the purchase order. The Seller shall be entitled to perform two different delivery attempts should the first attempt fail due to a reason attributable to the Seller. In the event of delay in deliverythe second attempt also fails, due to a reason attributable to the Seller, the Buyer shall give be entitled to withdraw the purchase order provided the Buyer has given 15 days’ written notice to the Seller requiring the delivery to be made and the Seller has not fulfilled the delivery within 14 daysthat period. If the Buyer cancels the purchase order in accordance with this Condition 6.5 then: 6.5.1 the Seller will refund the Buyer any sums which the Buyer has paid to the Seller in respect of that purchase order or part of the purchase order which has been cancelled; and 6.5.2 the Buyer will be under no liability to make any payments under Condition 13 in respect of that purchase order or part of the purchase order which has been cancelled. 6.6 Subject to Condition 4.411, if Seller fails to fulfil in the event of non-delivery within 14 days, of the Goods following the service of a written notice by the Buyer shall be entitled to cancel under Condition 6.5 the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of . If the Goods or Services where Buyer failed fails to provide written notice of non-delivery in accordance with Condition 4.3 or 6.5, the Seller shall have no liability whatsoever to the Buyer for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable such non-delivery and the Goods or Services to Buyer shall be supplied on time (“Delivery Information”)liable for the Price of the Goods. 4.5 6.7 If the Buyer refuses or fails to take delivery of any of the Goods when they are ready or tendered for delivery (as appropriate) or to provide any Delivery Information instructions, documents, licences or authorisations required to enable the Goods to be delivered on time delivery(except solely on account of the Seller’s default), the Goods will be deemed to have been delivered on or by the due date and (without prejudice to its other rights) the Seller may may: 6.7.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with Condition 6.7.2 and charge the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following ; and/or 6.7.2 following written notice to ▇▇▇▇▇the Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the Price of the Goods under the Contract, having taken into account any charges related to the sale and any charges referred to in Condition 6.7.1. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by (a) Upon completion of the parties, all Goods are delivered FCA (“Free carrier” construction of the Platform and the tests and trials as defined in INCOTERMS 2020®) at the place specified provided in the Order Confirmation. 4.2 Any dates quoted for Specifications, Seller shall tender delivery of the Goods Platform to Buyer. Prior to tendering delivery, Seller shall have remedied at Seller's sole cost and expense any defects discovered by Buyer or performance Seller in Seller's workmanship or materials including installation of Services are approximate onlyBuyer 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 time of Buyer shall not have the right to refuse to accept delivery is not of the essencePlatform 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. 4.3 In (b) On the event Delivery Date, Buyer shall pay to Seller all amounts payable under this Agreement and Seller and Buyer shall execute and deliver a Protocol of delay Acceptance and Delivery acknowledging delivery of the Platform. Seller shall further deliver to Buyer a ▇▇▇▇ of Sale confirming the conveyance of title to the Platform to the Buyer, which ▇▇▇▇ 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 matters arising by, through, or under Buyer) in favor of the Buyer, and (iii) be deemed to contain the additional warranties and covenants set forth in Section 11 hereinbelow without the necessity of making any reference to such warranties in the ▇▇▇▇ of Sale. Seller shall also deliver to Buyer the remaining delivery documents set forth in the Specifications. (c) Seller shall deliver the Platform along side Seller's dock at the Yard. Following delivery, Buyer shall give written notice have the right to Seller requiring 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 to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 daysdocking period, Buyer shall pay to Seller its standard charges for shore power, potable water, and security guard service. All such charges must be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price to Seller prior to departure of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Platform from Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsYard.

Delivery. 4.1 Unless 3.2.1 All Products shipped domestically (i.e., within the U.S.) shall be shipped to the location expressed on the Purchase Order, via FCA ▇▇▇▇▇▇▇▇’▇ manufacturing facility (INCOTERMS 2020). All Products shipped internationally shall be shipped to the location expressed on the Purchase Order, via Ex Works ▇▇▇▇▇▇▇▇’▇ manufacturing facility (INCOTERMS 2020). ▇▇▇▇▇▇▇▇ shall (a) pack each of the Products in a manner suitable for export shipment, (b) arrange for shipment of the Products and (c) place the Products on a common carrier for shipment and shall promptly forward the full set of requisite shipping documents to Buyer. Accordingly, title to the Products and risk of loss thereof shall transfer to Buyer upon delivery to such common carrier. All shipments shall be accompanied by a packing slip that describes the Products, states the Purchase Order number, part number and quantity delivered and shows the shipment’s destination. Disposal of all packaging and packing materials is Buyer’s responsibility. For clarity, ▇▇▇▇▇▇▇▇ shall manufacture Products solely at its facility in Reno, Nevada, except as expressly set forth in the applicable Project Work Scope Schedule or otherwise mutually agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order ConfirmationParties. 4.2 Any dates quoted 3.2.2 In order for delivery of the Goods or performance of Services ▇▇▇▇▇▇▇▇ to ensure that all Products are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in deliveryshipped timely, Buyer shall give written notice to Seller requiring the delivery to be made submit a completed Site Requirement form as referenced within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice Exhibit 5 to ▇▇▇▇▇▇▇▇ at least 30 days prior to the delivery date. Failure to do so may cause a delay in shipping of Product, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractwhich ▇▇▇▇▇▇▇▇ shall not be liable. 4.6 If Seller's delivery note or package labelling states that 3.2.3 When assistance from third party riggers is required to assist with placement of Instruments the Packages in which expense will, to the Goods are delivered are returnable extent incurred by ▇▇▇▇▇▇▇▇, be added to Seller, such Packages shall the respective invoice and be returned the responsibility of Buyer. 3.2.4 For shipments of Products requested by Buyer to be delayed by more than 60 days in accordance with section 2.5.3, the Parties agree that (a) as to Instruments, Buyer is permitted to reschedule shipment of up to two Instruments at no additional charge, (b) for each Instrument, Buyer shall be responsible to pay ▇▇▇▇▇▇▇▇ a monthly storage fee of $[***] USD per unit that is not shipped on or by the 60th day, and (c) as to Consumables, Buyer is permitted to reschedule shipment at no additional charge. Buyer shall remit payment of such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletscharges applied in this section 3.2.4 (b) within 45 days of the date of receipt of an applicable invoice from ▇▇▇▇▇▇▇▇ following the applicable storage.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all 8.1 If Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject delivered by Resolution IT to Condition 4.4the Customer, if Seller fails to fulfil the delivery within 14 days, Buyer such Goods shall be entitled delivered to cancel the location set out in the Order. Seller’s sole liability Unless it is otherwise agreed in writing, such Goods shall be delivered by any means chosen by Resolution IT and Buyer’s exclusive remedy for such non-delivery will Resolution IT shall not be limited under any obligation to (a) refunding any sums which Buyer has paid for provide personnel, plant or power to assist the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price unloading of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of 8.2 If the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that Customer is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails unable to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliveryGoods, Resolution IT may at its sole discretion store the Goods at its risk, but may be entitled to charge the Customer its reasonable costs for doing so. 8.3 Resolution IT shall make reasonable endeavours to avoid delay but no responsibility is undertaken for meeting any specific delivery dates. Accordingly, no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery whether brought about by a cause beyond the control of Resolution IT or not. 8.4 Resolution IT shall be entitled to deliver the Goods, Rented Equipment or Loaned Equipment in one or more consignments unless otherwise agreed. 8.5 The Customer shall inspect the Goods immediately on delivery thereof and shall within two Working Days from such delivery give Resolution IT notice of any matter or thing by reason whereof the Customer may allege that the Goods are not in accordance with the Contract or are defective in material or workmanship. If the Customer fails to give such notice the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect which would be apparent on any reasonable examination and the Customer shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of accepted the Goods at accordingly. If the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If SellerCustomer establishes to Resolution IT's delivery note or package labelling states reasonable satisfaction that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned not in accordance with such instructions. the Contract or are so defective, Resolution IT may elect to repair the Goods or to replace the Goods or to refund the purchase price against the return of the Goods. 8.6 If such Packages the Goods are lost or damaged in transit the Customer shall notify both Resolution IT and the carrier of the loss or damage within two Working Days of the delivery. 8.7 Resolution IT shall not so returned they will be chargeable responsible for the installation of Goods, Rented Equipment or Loaned Equipment at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsthe Customer’s site under the terms of this Supplement.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all 5.1 Where Goods are delivered FCA (“Free carrier” as defined on a duty paid basis in INCOTERMS 2020®) at accordance with the place International Chamber of Commerce Incoterms 2020 unless otherwise stated. Invoices must accompany all deliveries. The Company will not recognise invoices unless the Company’s Purchase Order number is quoted. The Company is not liable for packing or cartage costs unless agreed to prior to shipment. 5.2 The Company may cancel all or the balance of the Purchase Order if the Goods are not delivered by the date or dates specified in the Order ConfirmationPurchase Order. The Company is under no obligation to accept Goods that are delivered prior to the due date on the Purchase Order. 4.2 Any dates quoted 5.3 Where the Purchase Order is a blanket order covering a period of time and providing indicative quantities of Goods that will be called up via a release schedule from the Company, then the due date for delivery and quantity of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by be the due date for delivery and Seller quantity of Goods set out in the release schedule given to the Supplier by the Company. 5.4 Should the Supplier fail to provide the Goods covered by the order on the specified due date, deliver less than the specified quantity or fail to deliver Goods that comply with the Company’s specifications or drawings, then the Supplier will take such action necessary to ensure the Company’s operations are not unduly impacted. This action may charge Buyer for include but is not limited to the dispatch of replacement product via priority freight, the sourcing of alternative materials from other sources of supply or the working of required overtime in the Supplier’s operations. If alternative materials have to be used then the Supplier will reimburse the Company with the cost of such testing and evaluation that are necessary to approve the use of the alternative materials. 5.5 Where some or all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at specified on the best price reasonably obtainable Purchase Order are lost or damaged in transit and the circumstances and charge Buyer Supplier is responsible for any shortfall below transportation, then the Price of Supplier must replace those Goods on notification by the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states Company provided that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsnotification is given within 14 days of receipt of Goods.

Delivery. 4.1 Unless agreed otherwise in writing by For dock delivery, included with the partiesFinal Offtake Nomination VMSC is to provide Seller all necessary shipping instructions, all Goods are delivered FCA including without limitation, the identity and quantity of the Product and the tentative arrival date(s) (“Free carrier” Arrival Notice”). Upon receipt of VMSC’s shipping instructions, Seller will advise VMSC as defined in INCOTERMS 2020®) at to the place specified in specific dock for delivery. If Seller will not be able to deliver VMSC’s product on the Order Confirmation. 4.2 Any dates quoted for delivery communicated arrival date, Seller will advise as to the earliest time when VMSC’s product may be delivered over the dock. VMSC will use commercially reasonable efforts to ensure that confirmation of the Goods or performance of Services are approximate only, arrival date and time of delivery is not a vessel will be communicated to Seller by VMSC’s carrier at intervals of at least 24 and 12 hours in advance of the essence. 4.3 In anticipated date and time of arrival of the event vessel. Such communication may be effected by telephone, e-mail or facsimile. The following represents Buyer’s non-binding estimation of delay in delivery, Buyer shall give written notice to Seller requiring the delivery ratable loading schedule for those products to be made within 14 daysdelivered via the Refinery docks and are included in the volumes set forth on Schedule 2.6. Subject [***] BPD RUL • [***] barrel vessel arriving approximately every [***] days [***] BPD LCO • [***] barrel vessel arriving approximately every [***] days [***] BPD SRD • [***] barrel vessel day 1 and every [***] days thereafter • [***] barrel vessel day 3 and every [***] days thereafter • [***] barrel vessel day 6 and every [***] days thereafter Seller agrees to Condition 4.4exercise reasonable diligence to provide a safe berth at its owned facilities to which vessels may proceed, if at which they may lie, at which they may discharge, and from which they may depart always safely afloat at all stages of the tide. Seller fails also agrees to fulfil the delivery within 14 daysprovide free and maintain in good working order, Buyer shall be entitled to cancel the Order. all of Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses facilities (including hoses, pipelines, and tankage, as well as labor and supervision) necessary on shore for demurrage claims, wasted transport, storage and insurance)loading. Following written notice to Product Bbls/day Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun RUL [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] PUL [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] LCO [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] SRD [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] RUL [***] [***] [***] RUL Ultra Low Sulfur [***] [***] [***] Jet Fuel [***] [***] [***] Light Cycle Oil (LCO) [***] [***] [***] High Sulfur No. 2 Oil Blendstock (SRD) [***] [***] [***] Butane/Butylene [***] [***] [***] Poly C4 [***] [***] [***] Normal Butane [***] [***] [***] LPG Mix [***] [***] [***] Propane/Propylene [***] [***] [***] High Sulfur Slurry [***] [***] [***] Low Sulfur Atmospheric Tower Bottoms [***] [***] [***] Ammonium Thiosulfate [***] [***] [***] July 2008 n/a n/a August 2008 n/a n/a September 2008 n/a n/a October 2008 n/a n/a November 2008 n/a n/a December 2008 n/a n/a January 2009 n/a n/a February 2009 Reformer (10-day outage) LRU (10-day outage) ▇▇▇▇▇, Seller may also sell any of ▇ Unit (17-day outage) Exact days are TBD No effect on Product availability provided that naptha can be exported from the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which refinery March 2009 n/a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.n/a April 2009 n/a n/a May 2009 n/a n/a June 2009 n/a n/a

Delivery. 4.1 Unless agreed otherwise in writing by the partiesSeller acknowledges that all terms as to quantity, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate onlyquality, specifications, and time of delivery are material elements of this Order and must be strictly complied with. Time is not of the essence. 4.3 In essence with respect to delivery of goods covered by this Order. Delivery must be in strict compliance with the event schedule contained in this Order and shall be made by Seller at such times and places and of delay in delivery, Buyer such items and quantities as may be specified by KUKA ASSEMBLY AND TEST. KUKA ASSEMBLY AND TEST shall give written notice have no liability to Seller requiring for goods delivered to KUKA ASSEMBLY AND TEST either later than the time, or in excess of the quantities, specified which goods may be returned by KUKA ASSEMBLY AND TEST to Seller at Seller's cost. Goods fabricated in excess or in advance of KUKA ASSEMBLY AND TEST's release are at Seller's sole risk. If Seller encounters or anticipates difficulty in meeting the delivery to schedule, Seller must immediately notify KUKA ASSEMBLY AND TEST in writing, giving pertinent details; provided, however, that the receipt of such data shall be made within 14 daysfor information purposes only and shall not be construed as a waiver by KUKA ASSEMBLY AND TEST of any scheduled delivery date or of any other rights or remedies provided by law or this Order. Subject to Condition 4.4, if If Seller fails to fulfil the make timely delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding of all or any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price portion of the relevant Goods. 4.4 Seller shall not be liable for goods covered by any delay in delivery of the Goods Purchase Order, or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell if any of the Goods at the best price reasonably obtainable goods delivered to KUKA ASSEMBLY AND TEST are defective or not in the circumstances and charge Buyer for conformity with any shortfall below the Price Purchase Order, then KUKA ASSEMBLY AND TEST may retain all or any portion of the Goods under the Contract. 4.6 If goods delivered and return, at Seller's delivery note sole cost and expense, those goods not retained- all without waiver of any claim KUKA ASSEMBLY AND TEST may have against Seller for Seller's breach including, without limitation, the right to damages and the right to cancel any Purchase Order. A breach of either these Terms and Conditions or package labelling states that the Packages any Purchase Order by Seller will also constitute a breach by Seller of any other Purchase Order between Seller and KUKA ASSEMBLY AND TEST entitling KUKA ASSEMBLY AND TEST, in which the Goods are delivered are returnable addition to Sellerany other remedies it may have, at law or in equity, to cancel such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsPurchase Orders.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless (1) Our delivery shall take place ex work (EXW Incoterms 2000), unless anything eise has been agreed otherwise upon in writing writing. The time at which the risk of damage or lass of the goods shall pass shall be fixed in accordance with the interpretation of Trade Terms of the International Chamber of Commerce of Paris (Incoterms 2000). (2) We shall have the right to reasonable delivery in installments. (3) In the case of call delivery orders, the full ordered quantity shall be deemed called off by the partiescontractual partner one calendar month after expiration of the agreed call-off time period, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at or, if a time period has not been agreed upon, then three calendar months after conclusion of the place specified in the Order Confirmationcontract. 4.2 Any dates quoted for delivery (4) lf the purchaser is entitled to classify call-off quotas, and he does not carry out such classification within one calendar month after expiration of the Goods or performance relevant agreed call-off time period, or, if such a time period has not been agreed upon, within one month after being requested to do so by us, then we are entitled to classify, deliver and calculate the total ordered quantity at our discretion. (5) Our delivery obligation shall at all times be subject to timely and orderly receipt of Services are approximate onlythe goods from our own suppliers. (6) Unless otherwise expressly agreed in writing, and any indicated time of delivery is not of the essenceor unloading shall be non-binding. 4.3 In the event (7) Any inability to supply as a result of delay in deliveryforce majeure or other unforeseen incidents outside our responsibility including, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4without limitation, if Seller fails to fulfil the delivery within 14 daysstrike, Buyer shall be entitled to cancel the Order. Seller’s sole liability lock out, acts of public authorities, subsequent cease of export or import opportunities and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods our reservation of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice timely supply from on own supplies in accordance with Condition 4.3 or subsection (5) above shall, for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date their duration and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with their impact, relieve us from the obligation to comply with any agreed time for delivery and unloading. (8) lf any agreed time of delivery or unloading shall be exceeded and there shall be no incident referred to in subsection (7) above, then the Purchaser must specify to us a reasonable cure period of minimum two weeks. lf we shall fail to meet such instructions. If such Packages are not so returned they will be chargeable at replacement value and deadline also, then the Purchaser shall have the right to rescind the agreement but s hall have no credit will be due right to seek compensation for breach of contract or default unless in cases of willful misconduct or gross negligence on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsour part.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery Time is of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in essence for Supplier’s delivery, performance and all other obligations arising herein. Buyer has no obligation to accept any delivery that does not meet the scheduled Delivery Date. Supplier shall give be liable for all costs incurred by Buyer as a result of early or late deliveries, including expedited shipment or procurement of replacement Deliverables if Buyer so elects in its sole discretion. Supplier will provide immediate written notice to Seller requiring Buyer of any anticipated delay and the anticipated actual time for late delivery (hereinafter referred to as “Grace Period”- Grace period cannot be made within 14 longer than eight (8) calendar days). Subject The Parties further acknowledge and agree that the following liquidated damages are believed to Condition 4.4, if Seller fails represent a genuine estimate of the loss that would be suffered by Buyer by reason of any late deliveries (which losses would be difficult or impossible to fulfil the delivery within 14 days, calculate with certainty) and are neither intended as a penalty nor operate as a penalty. Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to assess two (a2) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price percent of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery purchase price of the Goods late delivered Deliverable for each full calendar day of late delivery starting on the day after the Delivery Date or Services where Buyer failed Grace Period as liquidated damages. Notwithstanding the foregoing, unless Section 22. Force Majeure applies, if Supplier fails to provide written notice properly deliver the Deliverables, Buyer, in accordance with Condition 4.3 its sole discretion, may do one or for any delay that is caused bymore of the following: (i) a Force Majeure Event cancel the PO in whole or in part; (ii) Buyer’s failure return previously delivered Deliverables which were ordered in connection with the canceled PO and which are no longer needed; (iii) cancel any current PO(s) pursuant to provide Seller with adequate instructions, information, licences or authorisations which Buyer had ordered which was related to enable the Goods or Services canceled PO and which is no longer needed as a result of such cancellation; (iv) declare Supplier to be supplied in default; (v) purchase replacement Deliverables from another source at Supplier’s sole cost and expense; or (vi) insist on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take compliance with the terms and conditions of this PO by Supplier. Unless otherwise agreed upon in writing between the parties, delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods Deliverables will be deemed made pursuant to have been delivered by " FCA Supplier’s facility (Incoterms 2020)". Title to the due date and Seller may charge Deliverables shall be transferred to Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any upon delivery of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractDeliverables to Buyer. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing Any delivery date(s) provided by Seller to Customer are non-binding estimates, and Seller reserves the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®right to modify the delivery date(s) at the place specified in the Order Confirmationwithout notice. 4.2 Any dates quoted for Seller shall inform Customer on its readiness to ship and Customer shall confirm a delivery date within latest 30 days after such confirmation. Customer is aware and acknowledges that any failure to communicate a delivery date within the said period will cause a default of the Goods or performance acceptance of Services are approximate only, and time of delivery is not of the essenceCustomer. 4.3 In the event of delay Any customary costs incurred in deliveryparticular for storage, Buyer and with a minimum as charged by Seller´s logistic company, be it at Seller´s premises or be it at a third party storage company, shall give written notice be reimbursed to Seller requiring the delivery to be made within 14 days. Subject days after receipt of the invoice notwithstanding Sellers right to Condition 4.4claim further damages incurred. 4.4 For any deferral of any delivery periods, if so agreed by Seller, Customer hereby agrees that storage shall be done at Seller´s affiliate Coolbridge Szolgáltató Kft., H-2890 Tata, Szomódi út 4., tax number: 27045602-2-11 according to the respective terms and conditions as valid at the time being. 4.5 If Seller fails has agreed in writing to fulfil a specific delivery or shipping schedule, (i) it shall commence on the date of Seller’s Order Confirmation, but not before Customer’s delivery within 14 daysof other necessary documents, Buyer including any agreed security if any and (ii) end on the date on which Seller delivers the Goods to the carrier. 4.6 Seller shall be entitled to cancel partial shipments within reason. Seller will also have the Orderoption of billing for partial shipments. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery Partial shipments will be limited made and invoiced by Seller when ready according to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goodsclause 4.2. 4.4 Seller shall not be liable for any delay 4.7 Delay in delivery of the Goods or Services where Buyer failed any partial shipments shall not relieve Customer of its obligation to provide written notice in accordance with Condition 4.3 or pay for any shipments received prior to such delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure its obligation to provide Seller with adequate instructions, information, licences or authorisations to enable accept the Goods or Services to be supplied on time (“Delivery Information”)remaining deliveries. 4.5 4.8 If Buyer refuses or fails Customer is unable to take delivery of receive the Goods when they are ready tendered, Customer shall be liable to Seller for delivery any loss, damage, or additional expense incurred or suffered by Seller as a result thereof. 4.9 Any quoted lead time(s) may be impacted due to provide the COVID-19 or any Delivery Information future pandemic and any related foreseeable or unforeseeable circumstances arising from it, including but not limited to enable on time deliverygovernment regulations, labor shortages, supply chain disruptions, or measures taken to preserve the Goods will health and safety of Seller’s workforce. Any quoted lead time(s) shall be deemed considered an estimate based upon the best information available to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in time the circumstances estimate is made and charge Buyer for any shortfall below the Price of the Goods under the Contractis subject to change without notice. 4.6 If 4.10 In case of a delay of Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable , Customer shall send a reminder letter to Seller, such Packages stating a reasonable deadline for the fulfillment of the performance. 4.11 Where the Customer incurs damage due to a delay arising from Seller's slight negligence, the Customer shall be returned entitled, in accordance with such instructionsexclusion of further compensation for damages resulting from delay, to claim a half percent (0.5%) for each full week, but overall not more than five percent, of the value of the part of the total delivery that cannot be used in due time because of the delay. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which the delay is caused intentionally or by gross negligence by Seller or constitutes a charge have been made by violation of a material obligation of Seller, statutory liability shall apply. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsSeller reserves the right to demonstrate that the Customer has suffered a damage smaller than the aforementioned lump sum.

Delivery. 4.1 Unless agreed ‌ 9.1 Subject to receipt of all amounts payable by the Buyer (whether under the Agreement or otherwise) due before delivery, the Seller shall deliver the Product, and the Buyer shall take delivery of the Product, in accordance with the Order and otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” accordance with this clause 9. 9.2 The method of delivery shall be as defined in INCOTERMS 2020®) at the place specified in the Order. Where the Order Confirmationdoes not stipulate a delivery term, delivery shall be FCA Seller’s premises, Wilton International (Incoterms 2010). 4.2 Any dates quoted for delivery 9.3 Delivery shall take place on the earliest to occur of any of the Goods following, as appropriate to the provisions of the Order: 9.3.1 the Seller giving to the Buyer, or performance any other person having apparent authority to receive the Product on behalf of Services are approximate onlythe Buyer, custody of the Product, and time in default of any such person being present at the relevant time, the Seller may effect delivery by leaving the Product at the delivery address identified in the Order; 9.3.2 the Seller agreeing in writing to hold the Product on behalf of the Buyer or its nominee; or 9.3.3 the Seller giving any carrier engaged by the Seller custody of the Product for the purposes of carriage to the Buyer. 9.4 It is a condition of the Agreement that the Buyer receives or arranges for the receipt of the Product when delivery is not of effected by the essence. 4.3 In Seller and shall provide all necessary labour, materials and plant, prepare the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability site and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid procure all licences and other authorisations required for the undelivered Goods and Seller or the carrier (bas appropriate) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in to effect delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable this clause 9.‌ 9.5 If the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliveryProduct, the Goods will Seller may store the Product at the risk and cost of the Buyer. 9.6 Where the Product is delivered in bags rather than in bulk, the Buyer shall unload the Product and shall provide all necessary equipment and labour to do so. 9.7 The Seller may discontinue deliveries on any Product, the manufacture, sale or use of which in its opinion would involve patent infringement. 9.8 The Buyer shall promptly unload, release and return to the Seller all returnable materials and transportation equipment so that no related expense or loss shall be deemed to have been delivered incurred by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" The Buyer shall include bulk tankersassume all liability including demurrage with respect to such returnable materials and equipment, minibulks, flexis, crates, boxes or other containers and palletsincluding packaging.

Delivery. 4.1 5.1 Delivery periods shall only be binding if expressly agreed in writing. Unless otherwise agreed otherwise in writing the Contract, delivery periods shall begin on the effective date of the Contract provided that any required official certificates, approval, and permits are furnished by Seller. Delivery periods shall be deemed to be met on timely notification of readiness to ship if the Products cannot be dispatched in time through no fault of Seller’s own. 5.2 With respect to delivery periods and dates, which are not expressly defined as fixed in the Contract, Buyer shall, within two weeks after expiry of such delivery period or date, grant Seller an adequate grace period for delivery. Seller may only be deemed to be in default after expiry of such grace period. 5.3 Without prejudicing Seller’s rights arising from Buyer’s default, delivery periods and dates shall be deemed to be extended by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery period of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, during which Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled comply with its obligations to cancel the OrderSeller. In case Seller does not comply with Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market priceobligations, less the Price of the relevant Goods. 4.4 Seller shall not only be liable for any delay in delivery all types of the Goods or Services where Buyer failed to provide written notice damages in accordance with Condition 4.3 or for any delay that is caused by: Section 13 (iLimited Liability) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)of these Terms and Conditions. 4.5 If 5.4 Seller reserves the right to carry out a delivery using Seller’s own delivery organization. 5.5 Buyer refuses may rescind this Contract if Seller’s delivery delay is more than ninety (90) days unless the hindrance is merely temporary in nature and a delay would not unreasonably affect Buyer. 5.6 Seller may perform partial deliveries and render partial services if such action would not unreasonably affect Buyer. 5.7 Any contractual or statutory right of Buyer to rescind this Contract, which Buyer fails to take delivery exercise within a reasonable period of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered set by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsforfeited.

Delivery. 4.1 10.1. Any delivery date indicated by Synertech shall merely be regarded as the estimated date of delivery and shall not bind Synertech to effect delivery on or near such date. 10.2. The customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against Synertech (whether for losses, costs, damages, expenses, interest or otherwise) on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent (including grossly negligent) act or omission attributable to Synertech. 10.3. If delivery of any particular order is to be effected in consignments, Synertech shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered has been paid (also refer to paragraph 18.2. 10.4. If the goods are to be delivered by road, the customer shall be obliged to procure that the delivery destination shall be easily accessible to road transport vehicles. Unless specifically quoted for the cost of goods does not include delivery or transport costs. The customer shall be responsible for off-loading the goods at the delivery destination at the customer’s risk and costs. If the goods are to be transported by rail, the customer, at his risk, shall be responsible for collection of the goods at the railhead and the goods shall be regarded as delivered, if Synertech has agreed otherwise to deliver it at the railhead, when Synertech delivers it to the railhead to be so transported. 10.5. If Synertech agrees to engage a third party to transport the goods, then Synertech is hereby authorized to engage a third party of its choice on the customer’s behalf and on the terms deemed fit by Synertech, at the costs and risk of the customer to collect the goods (which shall constitute delivery when it is so collected) and transport it to the Customer. The customer hereby indemnifies Synertech against any costs and claims that may arise against Synertech from such engagement. 10.6. The customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods and the onus of proof of any missing or damaged goods shall rest on the customer. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the customer notifies Synertech in writing by within 3 business days of the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not goods of the essenceclaim in question and specifying the goods relating to such claim. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days10.7. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer The customer shall be entitled obliged to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-furnish all information necessary to enable delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not goods to be liable for any delay in delivery of effected. If the Goods customer fails or Services where Buyer failed refuses to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, furnish the information, licences delays, or authorisations fails or refuses to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses take delivery or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time deliverymake payment, the Goods will goods shall notwithstanding the provisions of clause 7 be deemed to have been delivered to the customer forthwith. The customer shall be obliged to collect the relevant goods from Synertech at his risk and costs. The risk in and to the goods shall pass to the customer on the deemed date of delivery and Synertech shall, in addition to any other rights it may have, be entitled to charge the customer for the storage of the goods at a storage rate of 1% per month or portion thereof calculated on the value of the goods stored as from the date of delivery until the date it is collected by the due date customer and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractpayable before collection thereof. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 4.1. Unless agreed otherwise specified in writing by the partiesEaton, all Goods are delivered FCA delivery shall be made: 4.1.1. for road freight and parcel deliveries, CPT (“Free carrier” as defined in INCOTERMS 2020®Incoterms 2010) at the place specified Buyer’s warehouse; or 4.1.2. for ocean and air freight deliveries, FCA (Incoterms 2010) at the origin loading port or warehouse as agreed between the Parties in the Order Confirmationwriting. 4.2 Any 4.2. As notified to the Buyer any dates quoted for delivery of the Goods or performance of Services Supplies are approximate only, only and time of delivery is may not be made of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 daysessence by notice. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller Eaton shall not be liable for any delay in delivery of the Goods Supplies howsoever caused. If no delivery dates are specified, delivery will be within a reasonable time. 4.3. If Eaton is satisfied that the Supplies have been short delivered, Eaton shall at its option: 4.3.1. make up any short delivery by dispatching to the Buyer such Supplies as Eaton is satisfied were not delivered; or 4.3.2. allow the Buyer credit in respect thereof 4.4. ▇▇▇▇▇'▇ liability shall be limited to making up the delivery or Services where Buyer failed allowing credit as above. 4.5. Where the Supplies are to provide written notice be delivered in instalments, each delivery shall constitute a separate contract and defective delivery by Eaton of any one or more of the instalments in accordance with Condition 4.3 or these Terms shall not entitle the Buyer to treat these Terms as a whole as repudiated. 4.6. If Eaton fails to deliver the Supplies for any delay that reason (other than the Buyer's fault) and Eaton is caused by: accordingly liable to the Buyer, ▇▇▇▇▇'▇ liability shall be limited to the excess (iif any) a Force Majeure Event or of the cost to the Buyer (iiin the cheapest available market) Buyer’s failure of similar goods to provide Seller with adequate instructions, information, licences or authorisations to enable replace those not delivered over the Goods or Services to be supplied on time (“Delivery Information”)price of the Supplies. 4.5 4.7. If the Buyer refuses or fails to take delivery of the Goods when they are ready Supplies or fails to give Eaton adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to reason of ▇▇▇▇▇'▇ fault) then, Seller may also sell without prejudice to any other right or remedy available to Eaton, Eaton may: 4.7.1. require payment on any reasonable basis, including but not limited to the selling price, and any additional expenses, or costs resulting from such a delay 4.7.2. store the Supplies until actual delivery at the sole cost and risk of the Goods Buyer and charge the Buyer for the reasonable costs (including handling and insurance) of storage; or 4.7.3. sell the Supplies at the best price reasonably readily obtainable in and (after deducting all reasonable storage and selling expenses) account to the circumstances and Buyer for the excess over the price under these Terms or charge the Buyer for any shortfall below the Price price under these Terms; and 4.7.4. payment of any amounts contemplated in clauses 4.7.1, 4.7.2 or 4.7.3 shall be due by the Buyer within thirty (30) days from the date of Eaton´s invoice. 4.8. If Eaton holds any of the Goods under Supplies contemplated in clause 4.7 on the ContractBuyer’s behalf in excess of three (3) months from the the time stated for delivery, Eaton shall be entitled to terminate the agreement in respect of such Supplies. In the event that any part of the price for such Supplies was paid by the Buyer prior to such termination, Eaton shall repay such amounts after deducting all costs incurred by Eaton in respect of such Supplies prior to termination. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable 4.9. The Buyer shall not refuse to Sellerreceive Supplies due to minor defects. 4.10. Buyer shall provide any information and documents required for export, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value transport and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimport purposes.

Delivery. 4.1 Unless agreed otherwise in writing by (a) Barge deliveries. For barge deliveries, the parties, all Goods are Fuel shall be delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) to Buyer FOB barge at the place specified Delivery Point. Subject to the provisions of Section 5.2 title to and risk of loss of the Fuel will pass to Buyer when each barge, after being fully loaded and trimmed at the Delivery Point in accordance with this Master Agreement, has been delivered to the Order Confirmation. 4.2 Any dates quoted custody and control of, and has been accepted by, Buyer or its Transporter at the Delivery Point. Buyer or its Transporter shall furnish suitable barges for delivery of the Goods Fuel and Seller shall provide or performance designate loading points that have adequate and accessible mooring and barge loading facilities sufficient to load the Fuel properly and within the appropriate loading time. Such barges shall be substantially compatible with the Source’s Fuel loading facilities to be utilized by Seller and shall be properly prepared to receive Fuel. Fuel haulage or transportation equipment provided by either Seller or Buyer, as the case may be, shall be clean, dry and suitable for the transportation of Services are approximate onlyFuel, and time of delivery is not of the essence. 4.3 In the event of delay shall be provided in delivery, Buyer shall give written notice a timely fashion in order to Seller requiring comply with the delivery schedule. Seller agrees to inspect and to take all other reasonable and necessary steps so as not to permit Fuel to be loaded in barges that contain foreign material. Seller shall arrange for, remain responsible for, and shall pay all costs in connection with, transporting the Fuel to the Delivery Point and handling and loading the Fuel into barges to the proper draft and proper distribution as directed by Buyer or Buyer’s Transporter in such barges and shall fully defend, indemnify and hold Buyer harmless against any Claim made within 14 days. Subject to Condition 4.4against Buyer for any cost, if Seller fails to fulfil the delivery within 14 days, expenses or damage (either liquidated or unliquidated) that may be asserted against Buyer shall be entitled to cancel the Order. arising out of or resulting from Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited of Fuel under this Master Agreement up to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market priceDelivery Point, less the Price of the relevant Goods. 4.4 provided that Seller shall not be obligated to load any barge which it deems not to be clean and seaworthy. Should barges not be equipped with double sloped sheets inside the cargo box, Seller shall load coal starting no less than approximately five (5) feet from the box end(s)/bulkhead(s) of the Barge. Buyer shall arrange for, remain responsible for, and shall pay all costs in connection with, transporting the Fuel by barge from the Delivery Point to its destination incurred after the transfer of title to and risk of loss of the Fuel to Buyer. Seller shall be liable for and shall pay Buyer for any delay transportation costs or demurrage charges incurred by Buyer that may be occasioned by the breakdown or failure of the barge loading facilities, or by the failure of Seller to furnish and load Fuel at the Delivery Point. Buyer shall be liable for and shall pay Seller for any transportation costs or demurrage charges incurred by Seller caused by the failure to furnish suitable barges for the loading of Fuel at the Delivery Point; provided that such charges are not the result of an action or inaction of Seller. If the Delivery Point is such that the Fuel will have been transported by barge prior to delivery, then title to and risk of loss of the Fuel will pass to Buyer upon the transfer of the custody and control of the barge(s) to, and the acceptance of the barge(s) by, Buyer or Buyer’s Transporter. (b) Rail or truck deliveries. Unless otherwise specifically provided in the Confirmation, for rail or truck deliveries, the Fuel shall be delivered to Buyer FOB Unit Train(s) or FOB truck(s) at the Delivery Point. Seller shall bear, remain responsible for and pay all expenses and costs associated with delivery of the Goods Fuel FOB Unit Train(s) or Services where FOB truck(s) before the Delivery Point and shall fully defend, indemnify and hold Buyer failed harmless against any Claim made against Buyer for any cost, expenses or damage (either liquidated or unliquidated) that may be asserted against Buyer arising out of or resulting from Seller’s delivery of Fuel under this Master Agreement up to provide written notice the Delivery Point. For truck deliveries, title to and risk of loss of the Fuel will pass to Buyer upon completion of proper loading of such trucks at the Delivery Point in accordance with Condition 4.3 this Master Agreement. For rail deliveries, title to and risk of loss of the Fuel will pass to Buyer upon completion of proper loading of all railcars in each Unit Train at the Delivery Point in accordance with this Master Agreement and acceptance of the Unit Train by the railroad. Buyer or its Transporter shall furnish suitable Unit Trains or trucks for loading and delivery of the Fuel and Seller shall provide or designate loading points that have adequate access and loading facilities sufficient to load the Fuel properly and within the appropriate loading time. Such Unit Trains or trucks shall be substantially compatible with the Fuel loading facilities utilized by Seller and shall be properly prepared to receive Fuel. Fuel haulage or transportation equipment provided by either Seller or Buyer, as the case may be shall be clean, dry and suitable for the transportation of Fuel, and shall be provided in a timely fashion in order to comply with the delivery schedule. Seller agrees to inspect and to take all other reasonable and necessary steps so as not to permit Fuel to be loaded in railcars that contain foreign material. If the Delivery Point is such that the Fuel will have been transported by Unit Train or truck prior to delivery, then title to and risk of loss of the Fuel will pass to Buyer upon the transfer of the custody and control of the Unit Trains or trucks to. and the acceptance of such Unit Trains or trucks by Buyer, or Buyer’s Transporter. Seller shall be liable for and shall defend, indemnify, and hold harmless Buyer from any delay that is caused by: (i) demurrage charges, excess freight charges, deficiency freight charges, or other transportation costs incurred by Buyer as a Force Majeure Event or (ii) Buyerresult of Seller’s failure to provide satisfy any loading and/or shipping requirements that Seller with adequate instructions, information, licences is informed of by Buyer. Buyer shall be liable for and shall pay Seller for any transportation costs or authorisations demurrage charges incurred by Seller caused by the failure to enable furnish Unit Trains or trucks for the Goods loading of Fuel at the Delivery Point; provided that such charges are not the result of an action or Services inaction of Seller. It is the sole obligation and responsibility of Seller to conform to all rail carrier restrictions relating to maximum allowable gross railcar weights. Buyer shall inform Seller of all such restrictions to ensure Seller’s compliance therewith. If cars are found to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails overloaded, Seller shall be responsible for any associated costs for reducing the weight of railcars to take delivery of comply with the Goods when they are ready for delivery or applicable rail carrier’s restrictions and shall be obligated to provide any Delivery Information to enable on time delivery, the Goods will Buyer with corrected governing weight documentation. Seller shall be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer responsible for any shortfall below damage resulting from overloaded cars. It is the Price sole obligation and responsibility of Seller to load trains to at least the Goods under minimum train weight as directed by and in compliance with the Contract. 4.6 If applicable transportation contract. Buyer shall inform Seller of all relevant provisions of such contract to ensure Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages ’s compliance therewith. It shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which the Seller’s responsibility to verify minimum weight from the Buyer’s transportation coordinator before loading a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsUnit Train.

Delivery. 4.1 Unless 5.1 The Goods shall be delivered, carriage paid, and/or the Services provided at Renold’s place of business or to such other place of delivery as is agreed otherwise by Renold in writing by prior to delivery of the parties, all Goods are delivered FCA and/or provision of the Services (the “Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order ConfirmationDelivery Location”). 4.2 Any dates quoted 5.2 The date for delivery of the Goods and/or provision of the Services shall be specified in the Order, or performance if no such date is specified then delivery shall take place within 28 days of the Order. 5.3 The Seller shall invoice Renold upon, but separately from, despatch of the Goods and/or provision of the Services are approximate only, and time of to Renold. 5.4 The Seller shall ensure that each delivery is not accompanied by a delivery note which shows, among other things, the Order number, date of Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. 5.5 Time for delivery of the Goods and/or provision of the Services shall be of the essence. 4.3 In 5.6 Unless otherwise stipulated by Renold in the event of delay Order, deliveries shall only be accepted by Renold in deliverynormal business hours. 5.7 If the Goods are not delivered and/or the Services not provided on the due date then, Buyer shall give written notice without prejudice to Seller requiring any other rights which it may have, Renold reserves the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to right to: 5.7.1 cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited Contract in whole or in part; 5.7.2 refuse to (a) refunding accept any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in subsequent delivery of the Goods or and/or provision of the Services where Buyer failed which the Seller attempts to provide written notice make; 5.7.3 recover from the Seller any expenditure reasonably incurred by Renold in accordance with Condition 4.3 or obtaining the Goods and/or Services in substitution from another supplier; and 5.7.4 claim damages for any delay that is caused by: (i) a Force Majeure Event additional costs, loss or (ii) Buyer’s expenses incurred by Renold which are in any way attributable to the Seller's failure to provide Seller with adequate instructions, information, licences or authorisations to enable deliver the Goods or and/or provide the Services to be supplied on time (“Delivery Information”)the due date. 4.5 5.8 If Buyer refuses or fails the Seller requires Renold to take return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to Renold and any such packaging material shall only be returned to the Seller at the cost of the Goods when they are ready for Seller. 5.9 Where Renold agrees in writing to accept delivery or by instalments the Contract shall be construed as a single contract in respect of each instalment. Nevertheless failure by the Seller to provide deliver any Delivery Information one instalment shall entitle Renold at its option to enable on time delivery, treat the whole Contract as repudiated. 5.10 If the Goods will are delivered to Renold in excess of the quantities ordered Renold shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller's risk and shall be returnable at the Seller's expense. 5.11 Renold shall not be deemed to have accepted the Goods and/or Services until it has had thirty days to inspect them following delivery or provision thereof. Renold shall also have the right to reject the Goods and/or Services as though they had not been delivered by accepted for fourteen days after any latent defect in the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any Goods and/or Services has become apparent. 5.12 Delivery of the Goods shall be completed on the completion of the unloading of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the ContractDelivery Location. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the partiesdate of the Order, all relevant Buyer and Company reference numbers, the type and quantity of the Goods are (including code number of the Goods, where applicable), the total weight of the Goods being delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in and, if the Order Confirmationis being delivered by instalments, the outstanding balance of Goods remaining to be delivered (the “Delivery Note”). 4.2 The method of delivery will be stated on the Order Acknowledgment and this should be interpreted in accordance with INCOTERMS 2010. 4.3 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and the time of delivery is not of the essence. 4.3 In 4.4 If the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller Company fails to fulfil deliver the delivery within 14 daysGoods, Buyer its liability shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price price of the relevant Goods. 4.4 Seller . The Company shall not be liable have no liability for any delay in delivery of failure to deliver the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay the extent that such failure is caused by: (i) by a Force Majeure Event or (ii) the Buyer’s failure to provide Seller the Company with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the Goods or Services to be supplied on time (“Delivery Information”)supply of the Goods. 4.5 If The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer refuses or fails to take delivery cancel any other instalment. 4.6 When the Company delivers the Goods the Buyer will be required to sign the Delivery Note to confirm delivery. Signing of the Delivery Note by, or on behalf of, the Buyer is proof that the Goods when they delivered are ready for delivery or to provide any of the correct quantity and quality. In the event that the Delivery Information to enable on time delivery, Note is not signed by the Buyer then the Goods will be deemed delivered in accordance with the INCOTERMS 2010. If the Buyer discovers there is a discrepancy between the Delivery Note and those Goods which it has accepted the Buyer must inform the Company in writing by email within the following time scales: (a) if the total weight of the Goods, as stated on the Delivery Note, is 500kg or less then within one (1) Working Day; or (b) if the total weight of the Goods, as stated on the Delivery Note, is more than 500kg but less than 3000kg then within two (2) Working Days; or (c) if the total weight of the Goods, as stated on the Delivery Note, is 3000kg or more then within one (1) week. 4.7 To the extent permitted by law, the Buyer agrees that in the event of a valid claim for non-delivery of the Goods, the Company may at its sole discretion either reprocess or replace the Goods at its own expense but shall then be under no further liability in connection with such non-delivery. 4.8 All requests for proof of delivery must be made within a period of 21 days following the date of the invoice. 4.9 If for any reason the Buyer is unable to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any accept delivery of the Goods at the best price reasonably obtainable in time when the circumstances and charge Buyer Goods have been notified as ready for any shortfall below delivery, the Price Company may, at the cost of the Buyer, at its sole discretion store the Goods under at the Contract. 4.6 If Seller's delivery note or package labelling states risk of the Buyer and take all reasonable steps to safeguard and insure them, provided that the Packages in which the Goods are delivered are returnable to Seller, such Packages Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimmediately informed thereof.

Delivery. 4.1 Unless 7.1 Stertil reserves the right to elect the means of transport for delivery of Goods. Where Purchaser requests a special method of delivery Purchaser accepts liability for those costs which will be added to the invoice. Goods will be delivered ex-works Stertil Incoterms 2000 if and for as far no specific other term has been agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmationupon. 4.2 7.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, only and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller Stertil shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. 7.3 Where Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Stertil to deliver any one or Services where Buyer failed more of the instalments shall not entitle Purchaser to provide written notice in accordance with Condition 4.3 or treat the Contract as a whole as repudiated. 7.4 If Stertil fails to deliver the Goods for any delay that reason other than any cause beyond Stertil’s reasonable control or Purchaser’s fault, and Stertil is caused by: accordingly liable to Purchaser, Stertil’s liability shall be limited to the excess (iif any) a Force Majeure Event or of the cost to Purchaser (iiin the cheapest available market) Buyer’s failure of similar goods to provide Seller with adequate instructions, information, licences or authorisations to enable replace those not delivered over the Goods or Services to be supplied on time (“Delivery Information”)price of the Goods. 4.5 7.5 If Buyer refuses or fails to take delivery of the Goods when they is refused Purchaser shall, without prejudice to any other right or remedy available to Stertil, be liable for all carriage, handling and stocking charges incurred. 7.6 Without waiving any other rights or remedies Stertil may have, Stertil may, at its option, defer shipment or deliveries hereunder, or under any other contract with Purchaser, subject to satisfactory settlement of delinquent amounts due to Stertil. 8.1 Where Goods are ready for delivery consigned or sent to provide any Delivery Information to enable on time deliveryPurchaser or his agent, the Goods no claim will be deemed to have been delivered accepted by Stertil and it shall not be liable, insofar as the due date negligence of itself, its servants or agents can be established for: (a) GOODS DAMAGED IN TRANSIT, unless the Stertil and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any the carrier are notified in writing within 10 days of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.delivery;

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. Buyer will provide at its expense adequate and appropriate equipment and manual labour for off-loading the Goods. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition Clause 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper external costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition Clause 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇Buyer, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, only and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller Company shall not be liable for any loss suffered by the Buyer arising from any delay in the delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)Goods. 4.5 If 4.2 The Buyer refuses or fails shall make all arrangements necessary to take delivery of the Goods when whenever they are tendered for delivery and the Buyer shall not be entitled to refuse to accept and/or receive late delivery of the Goods 4.3 Time for delivery shall not be of the essence unless previously agreed by the Company in writing and it is agreed that the Buyer shall not be entitled to terminate the Contract by reason of the Company’s failure to deliver by the Delivery Date 4.4 Delivery shall take place and risk shall pass to the Buyer upon the earliest of the following:- (a) The Company handing the Goods to the Buyer or its agent at the Company’s premises, or (b) The Goods leaving the Company’s premises, or (c) On the eighth day following notification that the Goods are ready for dispatch except in the case of export orders which, unless agreed otherwise in writing, will be delivered F.O.B at an Italian port of the Company’s choosing 4.5 If the Buyer fails to:- (a) take delivery or to provide any Delivery Information to enable on time delivery, of the Goods will be deemed or fails to have been delivered give adequate delivery instructions before or at the Delivery Date (otherwise than by reason of the due date Company’s fault); and (b) collect the Goods on the expiry of the seventh day following notification of readiness for despatch then without prejudice to any other right or remedy available to the Company it may:- (a) store the Goods until actual delivery and Seller may charge the Buyer for all related the reasonable costs and expenses (including for demurrage claims, wasted transport, storage transportation and insurance). Following written notice to ▇▇▇▇▇, Seller may also ) of storage; or (b) treat the Contract as repudiated and sell any of the Goods at the best price reasonably readily obtainable in and (after deducting all reasonable storage and selling expenses) account to the circumstances and Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price Price 4.6 The Buyer shall inspect the Goods immediately on delivery and shall within seven (7) days of delivery notify the Company of any alleged defect damage or failure to comply with description or sample. The Buyer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract free from any defect or damage which would be apparent on a reasonable examination of the Goods under and the Contract.Buyer shall be deemed to have accepted the Goods 4.6 If Seller's delivery note or package labelling states that 4.7 The Buyer shall be responsible for obtaining all necessary licenses and permissions for the Packages in which import and use of the Goods are delivered are returnable to Sellerinto the country of destination 4.8 Save as otherwise provided in writing, such Packages in respect of export orders, any stated Delivery Dates shall be returned commence only upon receipt of a letter of credit complying in accordance all respects with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsthe Company’s requirements.

Delivery. 4.1 Unless 6.1 Delivery takes place on agreed otherwise in writing INCOTERMS (ICC INCOTERMS 2000). If no INCOTERMS terms apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer. 6.2 Time of 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 partiesSeller of the 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 to start work on the Goods or the Services, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at whichever may be the place specified in the Order Confirmationlater. 4.2 Any dates quoted for 6.3 Delivery of Goods in instalments shall be permitted only with the 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 performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, 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 ready for stored are properly insured against all the usual risks and notify the Buyer of such insurance cover. 6.5 If delivery or to provide any Delivery Information to enable on time deliveryis made before the delivery date specified in the Purchase Order, the Buyer may return the Goods will to the Seller at the Seller's risk and expense. 6.6 Each delivery must be deemed to have been delivered accompanied by details of the due date exact quantity and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any description of the Goods at and/or the best price reasonably obtainable in Services performed. Shipping documents and a separate invoice stating the circumstances and charge Buyer relevant Purchase Order number for any shortfall below each shipment must be sent by first class mail to the Price Buyer's plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the Accounts Office. When Goods under are invoiced by the ContractSeller 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 premises, the original bill of lading must be furnished with the invoice(s). The Buyer's count shall be accepted as final on all shipments. 4.6 If Seller's delivery note 6.7 Delivery is completed only if the agreed Goods or package labelling states that the Packages in which the Goods Services are delivered are returnable to Seller, such Packages shall be returned in their entirety in accordance with the present Agreement at the location designated by Buyer. 6.8 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the present Agreement on an annual basis or sooner in the event such instructions. document has been modified. 6.9 If such Packages are the Seller is in the position of being able to supply some but not so returned they will all of its customers, the Buyer shall be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by given priority over all other of the Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets's customers.

Delivery. 4.1 Unless Novozymes shall deliver Delivered Duty Unpaid (Incoterms 2000) the HyaCare purchased by Alchemia hereunder to a place nominated by Alchemia from time to time, provided that Alchemia shall reimburse Novozymes’ reasonable carriage and insurance expenses incurred and notified to Alchemia prior to shipment. Each shipment shall be clearly marked with the identity and quantity of the product, and the (electronic) order confirmation or invoice number. Risk of loss with respect to the HyaCare shall pass to Alchemia in accordance with the agreed Incoterms (2000). Title to the HyaCare shall pass to Alchemia only upon full payment of the applicable invoice. Upon receipt of each shipment, Alchemia shall promptly visually inspect such shipment to determine whether HyaCare is missing, damaged, labels missing, or otherwise does not comply with the applicable purchase order and the Specifications. In the event of any such failure, Alchemia may reject the non-conforming portion of the shipment by written notice to Novozymes delivered within three (3) days of Alchemia’s receipt of such shipment. Such notice shall specify the manner in which the shipment fails to conform. In the absence of any such notice, Alchemia shall be deemed to have accepted the shipment (except with respect to non-conformance to the warranty which may not be detectable by visual inspection). Any other notices of latent defects in the HyaCare shall be given promptly in writing by Alchemia to Novozymes. Upon giving Novozymes a notice of non-conformance, Alchemia shall provide Novozymes a reasonable opportunity to inspect the HyaCare and send a sample of the non-conforming HyaCare, if possible. If there is a disagreement between the parties as to whether the HyaCare meet the applicable Specifications or the warranty, samples from the batch which is in dispute will be submitted to an independent testing laboratory acceptable to both parties for testing. The cost of said testing by the independent laboratory shall be borne equally by both parties. The determination of such independent laboratory will be binding on both parties and treated as Confidential Information. If the HyaCare is found to be defective or not in conformance with the warranty below or the applicable Specifications, Novozymes will promptly replace such HyaCare at no additional cost to Alchemia. This shall be Alchemia’s sole remedy for any HyaCare it rejects under this clause. Any returns of HyaCare from Alchemia agreed or determined not to comply with Specifications shall be agreed in advance in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at and Novozymes shall hold the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery direct incurred cost of the Goods or performance return if the HyaCare return is ascribable to Novozymes. All returns must be clearly marked as returns on the shipment as well as the IT-systems, if applicable. If not ascribable to Novozymes, Alchemia shall handle the return and disposal of Services are approximate onlythe returned HyaCare itself and at its own cost, and time of delivery is not of the essenceAlchemia shall under no circumstances use or resell HyaCare for return. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless a. Except as otherwise agreed otherwise in writing at the time of contract delivery of goods and/or services shall be the location set out in the purchase order or at Genius sole discretion such location as near the site of delivery as a safe hard road permits and for unloading at ground level. b. If there is no representative of the customer on site to receive delivery and sign the delivery note (and pay for the goods on a cash on delivery transaction) Genius may refuse to deliver and any abortive delivery and /or storage charges incurred by Genius will be paid by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmationcustomer. 4.2 Any dates quoted c. If the customer fails to take or accept delivery of the goods within three business days of Genius notifying the customer that the goods are ready, then, except where such failure or delay is caused by a Force Majeure event delivery of the goods shall be deemed to have been completed at 9.00am on the third business day after he day on which Genius notified the customer that the goods were ready and Genius shall store the goods until delivery takes place and charge the customer for all related costs and expenses [including insurance, if it is taken out]. d. If Genius store goods for the customer, then Genius are entitled to payment for the goods as materials stored off-site. e. If ten business days after the day on which Genius notified the customer that the goods were ready for delivery, but the customer has not taken or accepted delivery of them, Genius may resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to the customer for any excess over the price of the goods or charge the customer for any shortfall below the price of the goods. f. Where the contract provides for delivery of the Goods goods by installments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or performance delay of Services delivery of any one instalment shall not affect the balance of the contract or entitle the customer to cancel the same. g. Delivery dates are given in good faith, are approximate only, only and time of for delivery is shall not be of the essence. 4.3 In . Every effort will be made to ensure due performance, but Genius shall not be liable for damages or consequential loss arising from delays caused by strikes, lockouts, breakdowns, fires or any other circumstances beyond Genius reasonable control, for example Force Majeure Events. If the event customer's instructions or lack of instructions causes delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Genius shall be entitled to cancel an extension of the Ordertime originally agreed and to payment in respect of any additional costs incurred. h. Delivery of the quantity of materials ordered discharges Genius responsibility. Seller’s sole The customer shall not be entitled to reject the goods if Genius delivers up to and including 5% more or less than the quantity of goods ordered but a pro rata adjustment shall be made to the invoice on receipt of notice from the customer that the wrong quantity of goods was delivered. i. Delivery of the goods and/or services is completed upon completion of: i. the collection of the goods by the customer from Genius; or ii. Genius loading the goods onto a third-party carrier engaged by the customer for transportation to the customer to such place as specified in the order; or iii. Genius delivering the goods to the customer at such place as specified in the order via a third-party carrier engaged by Genius; or iv. Genius personally delivering the goods to the customer to such place as specified in the order and where goods are pursuant to an order relating to services, delivery of such services shall be deemed to have taken place upon installation of the same by Genius. j. If Genius fails to deliver the goods, its liability and Buyer’s exclusive remedy for such non-delivery will shall be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer the customer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price price of the relevant Goods. 4.4 Seller goods. Genius shall not be liable have no liability for any delay in delivery of failure to deliver the Goods or Services where Buyer failed goods to provide written notice in accordance with Condition 4.3 or for any delay the extent that such failure is caused by: (i) by a Force Majeure Event or (ii) Buyer’s the customer's failure to provide Seller the supplier with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the Goods or Services supply of the goods k. The risk in the goods shall pass to be supplied the customer on time (“Delivery Information”)completion of delivery. 4.5 If Buyer refuses or fails l. The customer agrees with Genius that it shall provide as much information as Genius requires, (including without prejudice to take delivery the generality of the Goods when they are ready foregoing, the ability to access the site and undertake surveys and or liaise with relevant personnel) in order for Genius to fulfill its obligations under the contract. Any costs incurred for providing the information shall be borne by the customer. m. If Genius requires the customer to return any packaging materials the customer shall make any such packaging materials available for collection at such times as Genius shall reasonably request. n. The customer shall not be entitled to reject the goods if Genius delivers less or more than the quantity of goods ordered, but a pro-rata adjustment shall be made to the order to reflect the correct quantity of goods delivered. o. Genius may deliver the goods by installments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an installment shall not entitle the customer to provide cancel any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractother installment. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 (a) Time is of the essence on all deliveries. Unless agreed otherwise in writing by indicated, the parties, all Goods delivery date(s) for this Order are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in dates required on the Order Confirmation. 4.2 Any dates quoted face hereof for the delivery of the Goods ("Delivery Date") in the quantities and manner specified in this Order. HSY may cancel or performance modify this Order and will not be held responsible for any losses resulting if the fulfillment of Services are approximate onlyany of the terms or provisions of this contract is delayed or prevented by fire, acts of God, or other casualty, accident, strikes, government acts, or, without limiting the foregoing, by any other cause not within the control of HSY, and time which, by the exercise of delivery reasonable diligence HSY is not unable to prevent, whether of the essenceclass of causes hereinbefore enumerated or not. If Seller breaches, defaults, delays or otherwise fails to comply with any provision in this Order, HSY may cancel this Order, in whole or in part, without cost to HSY. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for Seller may not rely on a course of performance, prior course of dealings or trade usage to imply an agreement to extend the specified Delivery Date. (c) If Delivery Date(s) cannot be met, Seller must immediately inform ▇▇▇ in writing, prior to the Delivery Date, of Seller’s best possible reasonable Delivery Date(s) subject to HSY’s acceptance. In addition to any other rights and proper costs and expenses incurred remedies HSY may have under this Order or provided by Buyer in obtaining replacement goods of similar description and quality applicable law, if deliveries are not made at the lowest available market pricetime agreed upon, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed HSY may opt to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event request that Seller ship the Goods by different and/or expedited delivery (cost of alternative means of or expedited shipment to be borne exclusively by Seller), or (ii) Buyer’s failure to provide Seller with adequate instructionscancel this Order and terminate the contract, informationin whole or in part, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following providing written notice to ▇▇▇▇▇Seller, and HSY shall have the right to purchase comparable Goods elsewhere and Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances shall be accountable and charge Buyer shall indemnify HSY for any shortfall below loss, additional cost claims, damages and expenses arising from such expedited delivery or cancellation or from Seller's failure to meet the Price of the Goods under the ContractDelivery Date. 4.6 If (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 (e) All Goods to be delivered to HSY under this Order, and any property owned by HSY which is in Seller's delivery note ’s care, custody, or package labelling states that the Packages in which the Goods are delivered are returnable to Sellercontrol, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit insured by Seller against loss or damage resulting from fire, or allied perils. Property insurance will be due provided on Packages an all risk basis, subject only to standard industry exclusions. The Goods to be delivered to HSY and the property of HSY will be insured for which replacement cost, with HSY to be included as loss payee. Upon request Seller will supply HSY with a charge have been made by SellerCertificate 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 (30) days prior written notice to such cancellation or material change. "Packages" shall include bulk tankersSeller will also maintain in force, minibulksreasonable comprehensive general and product liability insurance, flexisautomobile liability, crates, boxes or other containers and palletsworkers’ compensation insurance.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. Buyer will provide at its expense adequate and appropriate equipment and manual labour for off-loading the Goods. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition Clause 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper external costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition Clause 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 (a) Unless expressly agreed otherwise upon in writing to the contrary, the terms of delivery are EXW Duluth. Seller will use commercially reasonable efforts to make the Products available for pick-up and delivery by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order ConfirmationPurchaser within a reasonable time after acceptance of an order from Purchaser. 4.2 Any dates quoted for delivery (b) Purchaser bears the risk of loss or destruction of the Goods Products upon and after the first to occur of (i) pick-up or performance of Services are approximate only, and time of delivery is not acceptance of the essence. 4.3 Products by Purchaser or its common carrier at Seller’s place of business, or (ii) the fifth (5) day after written notification from Seller that the Products are ready for pick-up at Seller’s place of business. In the event of case Purchaser requests a delay in delivery, Buyer shall give written notice to Seller requiring Purchaser assumes all risk of loss, damage and/or destruction of the delivery Products from the date the Products are ready to be made within 14 days. Subject delivered. (c) Purchaser agrees that it will pick up or cause a common carrier to Condition 4.4, if Seller fails to fulfil pick up the delivery within 14 days, Buyer shall be entitled to cancel the Order. Products at Seller’s sole liability place of busi- ness within five (5) days after written notification from Seller that such Products are ready for pick-up. If Purchaser or its common carrier does not pick up or accept the Products within five (5) days after written notification from Seller that the Products are ready for pick-up. Seller may store the Products. If Seller is required to store the Products due to any delay caused by Purchaser, Purchaser shall reimburse Seller for reasonable storage charges. Seller may in its discretion delivery the products to Purchaser in which case Purchaser shall pay shipping and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goodspackaging costs. 4.4 (d) Seller reserves the right to make the Products available for pick-up and delivery in installments provided that such installment shall not be liable for any delay less than one product unit, unless otherwise expressly stipulated to the contrary in a written document signed by Seller. Delay in delivery of the Goods or Services where Buyer failed any installment shall not relieve Purchaser of its obligation to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)accept remaining deliveries. 4.5 (e) If Buyer refuses or fails to take delivery Purchaser should request any modification of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇order after Seller’s acceptance, Seller may also sell any of shall have the Goods at right to extend the best price delivery time period as reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractneeded to complete Purchaser’s change order. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless 8.1 The Goods shall be delivered to, and/or the Services shall be performed at, the Delivery Address on the date or within the period stated in the Order or in any relevant Schedule to the Contract, in either case, unless otherwise agreed otherwise in writing Writing, during Fastwalker Digital’s usual business hours. 8.2 Where the date of delivery of the Goods and/or of performance of the Services is to be specified after the placing of the Order, Fastwalker Digital shall give the Supplier reasonable notice of the specified date. 8.3 The Supplier shall supply Fastwalker Digital on request with any instructions or other information required to enable Fastwalker Digital to accept delivery of the Goods and/or performance of the Services. 8.4 The time of delivery of the Goods and/or performance of the Services is of the essence of the Contract. 8.5 Packaging shall be clearly marked with any appropriate instalment number and shall be in accordance with any requirement specified from time to time by the parties, Fastwalker Digital and all Goods and materials supplied will carry such information as specified by Fastwalker Digital. Packages containing Goods supplied against Fastwalker Digital’s Purchase Order numbers, job numbers and associated specifications must be marked with the appropriate reference or as otherwise directed by Fastwalker Digital. 8.6 If the Goods are to be delivered, and/or the Services are to be performed, by instalments, the Contract will be treated as a single contract and not severable. 8.7 Fastwalker Digital shall be entitled to reject any Goods delivered FCA which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until Fastwalker Digital has had a reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent. 8.8 Fastwalker Digital shall not be obliged to return to the Supplier any packaging or packing materials for the Goods, whether or not any Goods are accepted by Fastwalker Digital. 8.9 If the Goods are not delivered and/or the Services are not performed on the due date then, without prejudice to any other remedy, Fastwalker Digital shall be entitled to deduct from the Price or (“Free carrier” if Fastwalker Digital has paid the price) to claim from the Supplier for delay, a percentage of the price, as defined in INCOTERMS 2020®) at the place specified in the Order Confirmationor in any relevant Schedule to the Contract, for every week’s delay, up to a maximum of 100 per cent. 4.2 Any dates quoted 8.10 The Supplier shall be responsible for any expenses incurred to deliver any incorrectly delivered Goods to the correct delivery point or return any items delivered in excess of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable quantity specified in the circumstances and charge Buyer for Order or in any shortfall below the Price of the Goods under the Contractrelevant Schedule. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer ▇▇▇▇▇ refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the partiesdate of the Order, all relevant Buyer and Company reference numbers, the type and quantity of the Goods are (including code number of the Goods, where applicable), the total weight of the Goods being delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in and, if the Order Confirmationis being delivered by instalments, the outstanding balance of Goods remaining to be delivered (the “Delivery Note”). 4.2 The method of delivery will be stated on the Order Acknowledgment and this should be interpreted in accordance with INCOTERMS 20. 4.3 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and the time of delivery is not of the essence. 4.3 In 4.4 If the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller Company fails to fulfil deliver the delivery within 14 daysGoods, Buyer its liability shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price price of the relevant Goods. 4.4 Seller . The Company shall not be liable have no liability for any delay in delivery of failure to deliver the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay the extent that such failure is caused by: (i) by a Force Majeure Event or (ii) the Buyer’s failure to provide Seller the Company with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the Goods or Services to be supplied on time (“Delivery Information”)supply of the Goods. 4.5 If The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer refuses or fails to take delivery cancel any other instalment. 4.6 When the Company delivers the Goods the Buyer will be required to sign the Delivery Note to confirm delivery. Signing of the Delivery Note by, or on behalf of, the Buyer is proof that the Goods when they delivered are ready for delivery or to provide any of the correct quantity and quality. In the event that the Delivery Information to enable on time delivery, Note is not signed by the Buyer then the Goods will be deemed delivered in accordance with the INCOTERMS 2010. If the Buyer discovers there is a discrepancy between the Delivery Note and those Goods which it has accepted the Buyer must inform the Company in writing by email within the following time scales: (a) if the total weight of the Goods, as stated on the Delivery Note, is 500kg or less then within one (1) Working Day; or (b) if the total weight of the Goods, as stated on the Delivery Note, is more than 500kg but less than 3000kg then within two (2) Working Days; or (c) if the total weight of the Goods, as stated on the Delivery Note, is 3000kg or more then within one (1) week. 4.7 To the extent permitted by law, the Buyer agrees that in the event of a valid claim for non-delivery of the Goods, the Company may at its sole discretion either reprocess or replace the Goods at its own expense but shall then be under no further liability in connection with such non-delivery. 4.8 All requests for proof of delivery must be made within a period of 21 days following the date of the invoice. 4.9 If for any reason the Buyer is unable to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any accept delivery of the Goods at the best price reasonably obtainable in time when the circumstances and charge Buyer Goods have been notified as ready for any shortfall below delivery, the Price Company may, at the cost of the Buyer, at its sole discretion store the Goods under at the Contract. 4.6 If Seller's delivery note or package labelling states risk of the Buyer and take all reasonable steps to safeguard and insure them, provided that the Packages in which the Goods are delivered are returnable to Seller, such Packages Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimmediately informed thereof.

Delivery. 4.1 Unless agreed otherwise in writing by 3.1 (Subject to clause 3.3) the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at Supplier will deliver the place Works to MEDIA & COMMUNICATIONS LTD and the date for the delivery of the Works will be specified in the Order Confirmation. 4.2 Any dates quoted for or (if no such date is specified) delivery of the Goods or performance Works will take place within 28 days of Services are approximate only, the date of issue of the Order and time will be of the essence of the Contract. Unless otherwise agreed in writing MEDIA & COMMUNICATIONS LTD is not obliged to accept the delivery of any Works otherwise than on the due delivery date. The Supplier will promptly notify MEDIA & COMMUNICATIONS LTD of any anticipated delay in the delivery of the Works. 3.2 (Subject to clause 3.3) the Supplier will deliver the Works to the address specified in the Order or to such other place of delivery as is notified by MEDIA & COMMUNICATIONS LTD to the Supplier in writing. The Supplier will arrange for the carriage of the Works to the place of delivery and delivery to any carrier will not be deemed to be delivery to MEDIA & COMMUNICATIONS LTD (for the avoidance of doubt, unless otherwise agreed, any such carrier will be deemed to be an agent of the Supplier and not of MEDIA & COMMUNICATIONS LTD ). Delivery will be completed when the essenceWorks have been unloaded at the place of delivery and signed for by a duly authorised officer of MEDIA & COMMUNICATIONS LTD . 4.3 In 3.3 (Where agreed between the event parties in writing) MEDIA & COMMUNICATIONS LTD will collect the Works from the address specified in the Order or from such other place of delay collection as may be otherwise agreed. The Supplier will ensure that the Works are available for collection from the date specified in deliverythe Order or (if no such date is specified) within 28 days of the date of issue of the Order and time will be of the essence of the Contract. The Supplier will notify MEDIA & COMMUNICATIONS LTD when the Works are ready for collection and MEDIA & COMMUNICATIONS LTD will use its reasonable endeavours to collect the Works within the times agreed or if no time is agreed collection will take place within a reasonable time and the time for the collection of the Works by MEDIA & COMMUNICATIONS LTD will not be of the essence of the Contract. Collection will be completed when the Works have been loaded onto MEDIA & COMMUNICATIONS LTD ’s nominated transport at the place of collection and signed for by a duly authorised officer or nominated representative of MEDIA & COMMUNICATIONS LTD . 3.4 Unless otherwise agreed in writing deliveries (under clause 3.2) will only be made during MEDIA & COMMUNICATIONS LTD ’s normal business hours and collections (under clause 3.3) will only be made during the Supplier’s normal business hours. 3.5 The Supplier will ensure that each delivery note or collection note (as appropriate) shows the Order number, Buyer shall give written notice to Seller requiring date and number of the Order and any relevant delivery schedule, consignment quantity, contents and (in the case of part delivery or collection (as appropriate)) the outstanding balance remaining to be made within 14 daysdelivered or collected (as appropriate). 3.6 The packaging of the Works must be in accordance with normal industry standards and (save where otherwise agreed) must bear the description and quantity of the contents and MEDIA & COMMUNICATIONS LTD ’s Order number. Subject All palletised Works must have protective wrap round the pallet covered with shrink wrap. 3.7 If the Supplier does not comply with the provisions of the clauses 3.5 or 3.6 MEDIA & COMMUNICATIONS LTD may reject the Works. 3.8 If the Goods have a life expectancy of a fixed duration or if there are any circumstances known to Condition 4.4, if Seller fails the Supplier which would adversely affect the life span of the Goods the Supplier will promptly advise MEDIA & COMMUNICATIONS LTD in writing of all such necessary and appropriate information relating to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price this will form part of the relevant description of the Goods. 4.4 Seller shall 3.9 The Supplier will ensure (at its own cost) that all Works are properly packed in a manner suitable for transit and storage. The Supplier will also ensure that individual packages are packed to comply with reasonable safety standards and to enable handling by mechanical means. 3.10 The Supplier will not be liable make and MEDIA & COMMUNICATIONS LTD will not accept any charge whatsoever for any delay in packing, packaging or containers of any description supplied with the Works. 3.11 If (for any reason) MEDIA & COMMUNICATIONS LTD is unable to take delivery or make collection (as appropriate) of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that and/or is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails unable to take delivery of the Goods when they are ready for performance of the Services on the due delivery or to provide any Delivery Information to enable on time delivery, collection (as appropriate) date the Goods Supplier will be deemed to have been delivered by store or arrange for the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods for a reasonable time (at MEDIA & COMMUNICATIONS LTD ’s reasonable expense), will arrange for the re-performance of the Services and will safeguard the Works and take all reasonable steps to prevent their deterioration until actual delivery or collection (as appropriate). 3.12 Unless otherwise agreed in writing MEDIA & COMMUNICATIONS LTD will not be responsible for any Works provided in excess of the Order and any excess will be and will remain at the best price reasonably obtainable in the circumstances and charge Buyer Supplier’s risk. 3.13 MEDIA & COMMUNICATIONS LTD will not be responsible for any shortfall below the Price failure to give notice to any carrier of the Goods under the Contractany loss, damage, delay, detention or non-delivery. 4.6 If Seller's delivery note or package labelling states that 3.14 The Supplier agrees to supply to MEDIA & COMMUNICATIONS LTD (on request) any and all necessary declarations and documents relating to the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsWorks.

Delivery. 4.1 Unless agreed otherwise 3.1.1 Seller is legally bound by all delivery times set forth in writing by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability Unless otherwise agreed in writing, part-, over-, early- or short-deliveries are not allowed. 3.1.2 Seller is obliged to immediately inform ▇▇▇▇▇ as soon as it is reasonably foreseeable for Seller that the delivery time cannot be adhered to. If Seller delivers the goods or completes the services later than scheduled, ▇▇▇▇▇ is entitled to all claims under the applicable laws including the right to withdraw from the contract and Buyer’s exclusive remedy the claim for such non-delivery will be limited to (a) refunding any sums which damages in lieu of performance if the Buyer has paid without result set a reasonable period for the undelivered Goods and Seller for performance or cure. 3.1.3 If Seller delivers the goods or completes the services later than scheduled, Buyer may assess liquidated damages of 3% (bat least EUR 500) reimbursing Buyer of the total amount of the Order per each commencing week for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at delay period. Notwithstanding the lowest available market priceforegoing, less the Price amount of the relevant Goods. 4.4 Seller liquidated damages shall not be liable for any delay in delivery exceed 15% (at least EUR 2.500) of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery total amount of the Goods when they are ready for delivery or Order. Buyer is entitled to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice claim liquidated damages in addition to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer `s claim for any shortfall below the Price of the Goods performance under the ContractOrder. Buyer’s resort to liquidated damages for the delay period does not preclude ▇▇▇▇▇’s right to other remedies and claims. 4.6 If Seller's 3.1.4 All delivery note or package labelling states that designations are INCOTERMS 2010. The respective delivery designation is also the Packages in which the Goods place where Seller`s delivery obligations are delivered are returnable to Sellerfulfilled (place of fulfillment). Unless otherwise stated, such Packages all goods provided under this Order shall be returned delivered FCA Seller’s facility. However, goods that are to be shipped directly to Buyer’s customer or a location designated by Buyer’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“U.S.”), shall be delivered EXW Seller’s facility. The term EXW used herein is modified from the INCOTERMS 2010 definition to mean “EXW with Seller responsible for loading the goods at Seller’s risk and expense”. Buyer may specify contract of carriage in accordance all cases. Failure of Seller to comply with any such instructions. If such Packages are not so returned they will Buyer specification shall cause all resulting transportation charges to be chargeable at replacement value for the account of Seller and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or give rise to any other containers and palletslegal remedies available.

Delivery. 4.1 Unless agreed otherwise (a) Seller shall utilize forecast information submitted by MLNA to ensure adequate supply of components within typical market fluctuations. Seller shall maintain awareness of market conditions and advise MLNA in writing advance if there are any potential interruptions in supply per MLNA Release Orders. (b) Seller shall assure that such quantities will be sufficient to meet MLNA's orders as projected hereunder by MLNA. The Seller shall maintain a safety stock of finished goods that matches the partiesfabrication authorization per release orders, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at and also maintain a safety stock of raw material that matches the place specified raw authorization per release orders. MLNA shall agree to purchase finished goods and raw materials per authorization documented in the Order Confirmation. 4.2 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and time of delivery is not of the essence. 4.3 release orders. In the event of delay in delivery, Buyer shall give written notice to that Seller requiring the delivery receives raw material at its facility to be made within 14 days. Subject to Condition 4.4further processed for MLNA, if then Seller shall keep a regular inventory of said material. (c) If, for any reason, the Seller fails to fulfil make delivery of Products without acceptable quality and quantity in the time specified, MLNA may, at its option, approve a revised delivery within 14 daysschedule, Buyer request shipment via air or expedited routing, at the Seller’s expense, or terminate the order without any liability. (d) In the event that parts are delivered after the required due date, MLNA may, at its sole discretion, hold the Seller responsible for reasonable costs associated with the late delivery. These costs may include, but are not limited to, expediting costs of component and finished goods, line downtime, overtime, or administrative costs. In the event that a late delivery affects delivery of finished goods to an OEM customer, the Seller shall be entitled responsible for any OEM costs charged to cancel MLNA because of said delivery. (e) If Seller moves its shipping location and the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer move results in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price an increase of the relevant Goods. 4.4 aggregate freight costs for MLNA, Seller shall not be liable for any delay adjust Product prices in delivery of order to offset the Goods or Services where Buyer failed to provide written notice additional freight costs upon the increase in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance)freight costs. Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best Any price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages change shall be returned included in accordance with such instructions. If such Packages are not so returned they will an amendment to Schedule A, which shall be chargeable at replacement value dated and no credit will be due on Packages for which a charge have been made initialed by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsboth Parties.

Delivery. 4.1 Unless a. Except as otherwise agreed otherwise in writing at the time of contract delivery of goods and/or services shall be the location set out in the purchase order or at Generix sole discretion such location as near the site of delivery as a safe hard road permits and for unloading at ground level. b. If there is no representative of the customer on site to receive delivery and sign the delivery note (and pay for the goods on a cash on delivery transaction) Generix may refuse to deliver and any abortive delivery and /or storage charges incurred by Generix will be paid by the parties, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in the Order Confirmationcustomer. 4.2 Any dates quoted c. If the customer fails to take or accept delivery of the goods within three business days of Generix notifying the customer that the goods are ready, then, except where such failure or delay is caused by a Force Majeur e event delivery of the goods shall be deemed to have been completed at 9.00am on the third business day after he day on which Generix notified the customer that th e goods were ready and Generix shall store the goods until delivery takes place and charge the customer for all related costs and expenses [including insurance, if it is taken out]. d. If Generix store goods for the customer, then Generix are entitled to payment for the goods as materials stored off -site. e. If ten business days after the day on which Generix notified the customer that the goods were ready for delivery but the customer has not taken or accepted delivery of them, Generix may resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to the customer for any excess over the price of the goods or charge the customer for any shortfall below the price of the goods. f. Where the contract provides for delivery of the Goods goods by installments, each instalment shall be deemed to be the subject of a separate contract and non•delivery or performance delay of Services delivery of any one instalment shall not affect the balance of the contract or entitle the customer to cancel the same. g. Delivery dates are given in good faith, are approximate only, only and time of for delivery is shall not be of the essence. 4.3 In . Every effort will be made to ensure due performance but Generix shall not be liable for damages or consequential loss arising from delays caused by strikes, lockouts, breakdowns, fires or any other circumstances beyond Generix reasonable control, for example Force Majeure Events. If the event customer's instructions or lack of instructions causes delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer Generix shall be entitled to cancel an extension of the Ordertime originally agreed and to payment in respect of any additional costs incurred. h. Delivery of the quantity of materials ordered discharges Generix responsibility. Seller’s sole The customer shall not be entitled to reject the goods if Generix delivers up to and including 5% more or less than the quantity of goods ordered but a pro rata adjustment shall be made to the invoice on receipt of notice from the customer that the wrong quantity of goods was delivered. i. Delivery of the goods and/or services is completed upon completion of: i. the collection of the goods by the customer from Generix; or ii. Generix loading the goods onto a third-party carrier engaged by the customer for transportation to the customer to such place as specified in the order; or iii. Generix delivering the goods to the customer at such place as specified in the order via a third-party carrier engaged by Generix; or iv. Generix personally delivering the goods to the customer to such place as specified in the order and where goods are pursuant to an order relating to services, delivery of such services shall be deemed to have taken place upon installation of the same by Generix. j. If Generix fails to deliver the goods, its liability and Buyer’s exclusive remedy for such non-delivery will shall be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer the customer in obtaining replacement goods of similar description and quality at in the lowest available cheapest market priceavailable, less the Price price of the relevant Goods. 4.4 Seller goods. Generix shall not be liable have no liability for any delay in delivery of failure to deliver the Goods or Services where Buyer failed goods to provide written notice in accordance with Condition 4.3 or for any delay the extent that such failure is caused by: (i) by a Force Majeure Event or (ii) Buyer’s the customer's failure to provide Seller the supplier with adequate instructions, information, licences delivery instructions or authorisations any other instructions that are relevant to enable the Goods or Services supply of the goods k. The risk in the goods shall pass to be supplied the customer on time (“Delivery Information”)completion of delivery. 4.5 If Buyer refuses or fails l. The customer agrees with Generix that it shall provide as much information as Generix requires, (including without prejudice to take delivery the generality of the Goods when they are ready foregoing, the ability to access the site and undertake surveys and or liaise with relevant personnel) in order for Generix to fulfill its obligations under the contract. Any costs incurred for providing the information shall be borne by the customer. m. If Generix requires the customer to return any packaging materials the customer shall make any such packaging materials available for collection at such times as Generix shall reasonably request. n. The customer shall not be entitled to reject the goods if Generix delivers less or more than the quantity of goods ordered, but a pro-rata adjustment shall be made to the order to reflect the correct quantity of goods delivered. o. Generix may deliver the goods by installments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an installment shall not entitle the customer to provide cancel any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contractother installment. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise 8.1. Should the Company transport the Goods to the nominated delivery address of the Client, delivery and passing of risk in writing the Goods shall occur when the Goods are offloaded at the nominated delivery address of the Client. 8.2. SHOULD DELIVERY OF THE GOODS OCCUR BY CARRIER, SUCH CARRIER SHALL BE DEEMED TO BE THE CLIENT’S AGENT AND DELIVERY TO SUCH CARRIER (AT THE COST OF THE CLIENT) BY THE COMPANY SHALL BE DELIVERY TO THE CLIENT. IN SUCH EVENT SIGNATURE BY THE CARRIER, OR ANY EMPLOYEE OF THE CARRIER, NOTWITHSTANDING THAT IT MIGHT BE INCORRECT, ON THE DELIVERY NOTE OR INVOICE SHALL BE PRIMA FACIE PROOF OF PROPER DELIVERY OF THE GOODS TO THE CLIENT. 8.3. SIGNATURE BY THE CLIENT, OR ANY EMPLOYEE OF THE CLIENT, OR PERSON AT ANY ADDRESS NOMINATED BY THE CLIENT, NOTWITHSTANDING THAT IT MIGHT BE INCORRECT, ON THE DELIVERY NOTE OR INVOICE SHALL BE PRIMA FACIE PROOF OF PROPER DELIVERY OF THE GOODS TO THE CLIENT. 8.4. Should the Client in checking the Goods note a discrepancy between the delivered quantity and that of the delivery note he/she must note such difference on the delivery note and draw such note to the attention of the person delivering the Goods. In the event of the Client failing for any reason whatsoever to sign the delivery note or to make note of any discrepancies as aforesaid, the Company shall not be liable in respect of claims arising out of any discrepancies between the quantity invoiced and the quantity delivered. 8.5. Should the Client instruct the Company to engage a carrier to transport the Goods, such carrier shall be deemed to be the Client’s agent. The Company shall engage such carrier on any terms and conditions as it deems fit. THE CLIENT SHALL AT ALL TIMES WHETHER DURING OR AFTER TERMINATION OR EXPIRY OF THIS AGREEMENT INDEMNIFY AND KEEP THE COMPANY INDEMNIFIED AGAINST ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING ALL REASONABLE LEGAL FEES) INCURRED IN CONNECTION WITH ANY LITIGATION CONCERNING OR COMPROMISE ARISING OUT OF OR IN RELATION TO ANY CLAIMS MADE AGAINST THE COMPANY BY SUCH CARRIER SO ENGAGED. 8.6. Any delivery times quoted for delivery by the parties, all Goods Company are delivered FCA estimates only and shall not entitle the Client to cancel any Order (“Free carrier” as defined in INCOTERMS 2020®or this Agreement) at and / or to claim any damages for failure by the place specified in Company to deliver within such delivery times unless such non−compliance by the Order Confirmation. 4.2 Any dates Company falls outside the tolerance. It is hereby recorded that any delivery times quoted for by the Company to the Client shall be subject to a tolerance period of 1 (one) business day before or after the quoted delivery date. The aforementioned may be explained by means of an example: if the Company has quoted delivery of the Goods to occur on Friday, 17 August 2012 the Company will be within the tolerance if the Company delivers the Goods to the Client on Thursday, 16 August 2012 or performance of Services are approximate onlyMonday 20 August 2012 before 16h00. 8.7. IN ADDITION TO CLAUSE 7.7, and time of IN THE INSTANCE THAT THE COMPANY IS UNABLE TO DELIVER WITHIN THE TOLERANCE AS A RESULT OF AN ACT OF GOD, STRIKES, FIRE, RIOT, WAR (WHETHER DECLARED OR NOT), EMBARGOES, EXPORT CONTROL, FUEL SHORTAGES, ANY POWER FAILURE AND / OR SHORTAGES, INCLUDING BUT NOT LIMITED TO LOAD SHEDDING OR ANY OTHER REASON WHATSOEVER NOT WITHIN THE REASONABLE CONTROL OF THE COMPANY, THE OBLIGATIONS OF THE COMPANY SHALL BE DEEMED TO BE SUSPENDED. THE COMPANY SHALL GIVE THE CLIENT NOTICE OF SUCH FACT AS SOON AS REASONABLY POSSIBLE AND THE PARTIES SHALL NEGOTIATE IN GOOD FAITH AS TO WHEN DELIVERY IS TO OCCUR. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF EVENTS CONTEMPLATED IN THIS CLAUSE 8.7. IN THE INSTANCE THAT THE PARTIES SHOULD FAIL TO AGREE AS TO WHEN DELIVERY IS TO OCCUR THE COMPANY SHALL BE ENTITLED TO DELIVER WITHIN A REASONABLE PERIOD OF TIME. 8.8. The Parties hereby agree that the Company may, make delivery is not of the essenceGoods to the Client in instalments or in such other manner as may be agreed to by the Parties. The Client shall be obliged to accept delivery of each such instalment. 4.3 In the event 8.9. No payment shall be postponed or withheld by virtue of delay in deliveryor non−delivery of any instalment, Buyer nor shall give written notice such non−delivery or delay of any instalment affect the balance of the Order or entitle the Client to Seller requiring cancel the delivery to be made within 14 daysOrder. 8.10. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer The Company shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-withhold delivery will be limited to (a) refunding of any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller shall not be liable instalments until all payments for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge instalment have been made by Sellerin full. 8.11. "Packages" shall include bulk tankersSHOULD THE CLIENT FAIL TO TAKE DELIVERY OF THE GOODS PROMPTLY, minibulksOR IN ANY WAY DELAY DELIVERY OF THE GOODS, flexisTHE RISK IN SUCH GOODS SHALL IMMEDIATELY PASS TO THE CLIENT AND THE CLIENT SHALL BECOME LIABLE TO PAY THE COMPANY THE REASONABLE COSTS OF STORING, cratesINSURING AND HANDLING THE GOODS, boxes or other containers and palletsIN ADDITION TO THE PURCHASE PRICE, UNTIL DELIVERY TAKES PLACE.

Delivery. 4.1 Unless agreed otherwise in writing The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the partiesdate of the Order, all relevant Buyer and Company reference numbers, the type and quantity of the Goods are (including code number of the Goods, where applicable), the total weight of the Goods being delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the place specified in and, if the Order Confirmationis being delivered by instalments, the outstanding balance of Goods remaining to be delivered (the “Delivery Note”). 4.2 The method of delivery will be stated on the Order Acknowledgment and this should be interpreted in accordance with INCOTERMS 2010. 4.3 Any dates quoted for delivery of the Goods or performance of Services are approximate only, and the time of delivery is not of the essence. 4.3 In the event of delay in delivery, Buyer shall give written notice to Seller requiring the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality at the lowest available market price, less the Price of the relevant Goods. 4.4 Seller The Company shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) by a Force Majeure Event or (ii) the Buyer’s failure to provide Seller the Company with adequate instructionsdelivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If the Company fails to deliver the Goods, informationits liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, licences or authorisations less the price of the Goods. The Company shall have no liability for any failure to enable deliver the Goods to the extent that such failure is caused by a Force Majeure Event or Services the Buyer’s failure to be supplied on time (“Delivery Information”)provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Buyer refuses or fails to take delivery cancel any other instalment. 4.6 When the Company delivers the Goods the Buyer will be required to sign the Delivery Note to confirm delivery. Signing of the Delivery Note by, or on behalf of, the Buyer is proof that the Goods when they delivered are ready for delivery or to provide any of the correct quantity and quality. In the event that the Delivery Information to enable on time delivery, Note is not signed by the Buyer then the Goods will be deemed delivered in accordance with the INCOTERMS 2010. If the Buyer discovers there is a discrepancy between the Delivery Note and those Goods which it has accepted the Buyer must inform the Company in writing by email within the following time scales: (a) if the total weight of the Goods, as stated on the Delivery Note, is 500kg or less then within one (1) Working Day; or (b) if the total weight of the Goods, as stated on the Delivery Note, is more than 500kg but less than 3000kg then within two (2) Working Days; or (c) if the total weight of the Goods, as stated on the Delivery Note, is 3000kg or more then within one (1) week. 4.7 The Buyer agrees that in the event of a valid claim for non-delivery, loss or damage to have been delivered by the due Goods, the Company may at its sole discretion either reprocess or replace the Goods at its own expense but shall then be under no further liability in connection with such non-delivery, loss, damage or non-compliance. 4.8 All requests for proof of delivery must be made within a period of 21 days following the date and Seller may charge of the invoice. 4.9 If for any reason the Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice is unable to ▇▇▇▇▇, Seller may also sell any accept delivery of the Goods at the best price reasonably obtainable in time when the circumstances and charge Buyer Goods have been notified as ready for any shortfall below delivery, the Price Company may, at the cost of the Buyer, at its sole discretion store the Goods under at the Contract. 4.6 If Seller's delivery note or package labelling states risk of the Buyer and take all reasonable steps to safeguard and insure them, provided that the Packages in which the Goods are delivered are returnable to Seller, such Packages Buyer shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and palletsimmediately informed thereof.

Delivery. 4.1 Unless agreed otherwise 2.1 Delivery terms are as stated in writing the Agreement, or, if none are so stated, Delivered Duty Paid (DDP) the designated R+L facility. Delivery terms are governed by Incoterms 2010. 2.2 Seller shall deliver all Products and Services on the partiesdates specified by R+L, and meet all Goods of R+L’s required service levels. Time is of the essence for purposes of Seller’s delivery of Products and Services to R+L. R+L may reject any Products or Services not delivered on time (whether early or late) and return such Products and Services at Seller’s risk and expense. Seller may not withhold delivery for any reason without the prior written consent of R+L. 2.3 Seller shall deliver all Products and Services in the quantities specified by R+L in a purchase order. Forecast quantities are estimates for reference only and do not constitute binding commitments by R+L to purchase. Quantities delivered FCA in excess of ordered quantities may be returned at Seller’s risk and expense. 2.4 Risk of loss and damage to the Products remains with Seller until the Products have been delivered to R+L in accordance with the delivery terms. Notwithstanding the preceding sentence, if the Products are received by R+L on consignment, (a) risk of loss and damage to the Products, and responsibility for insuring the Products against loss and damage, remains with Seller until the time at which R+L either resells the Products or uses the Products in production (referred to as the “Free carrier” as defined in INCOTERMS 2020®end of the consignment period”), (b) title to the Products remains with Seller, and R+L has an absolute right to return the Products, up to the end of the consignment period, and (c) title to the Products passes to R+L at the place specified in end of the Order Confirmationconsignment period. 4.2 Any dates quoted for 2.5 If Seller has reason to believe that a delivery of Products or the Goods or performance of Services are approximate onlymay not be made within the time required by the Agreement, and time of delivery is not of the essence. 4.3 In the event of or if an actual delay in deliveryhas occurred, Buyer Seller shall give promptly send written notice to R+L, stating the cause and expected duration of the delay. During the period of any delay, Seller requiring shall at its sole cost and expense take all steps as are necessary or desirable to mitigate the delivery effects of the delay on R+L and minimize disruption of supply to be made within 14 days. Subject to Condition 4.4R+L, including treating R+L no less favorably than any of its other customers if Seller fails is required to fulfil allocate goods or resources among its customers. If there is an anticipated or actual delay, or a threat by Seller to suspend delivery for any reason, R+L may, in addition to all other remedies available to it, take one or a combination of the delivery within 14 daysfollowing actions: (a) direct Seller to ship, Buyer shall be entitled to cancel the Order. at Seller’s sole liability cost and Buyer’s exclusive remedy for expense, Products using an expedited method of transportation such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and as express air freight, (b) reimbursing Buyer acquire substitute Products or Services from other sources, in which case Seller shall reimburse R+L for the reasonable and proper any additional costs and expenses incurred by Buyer in obtaining replacement goods expenses, including incidental costs of similar description cover, and quality at (c) cancel or reduce the lowest available market price, less quantities under the Price of the relevant Goods. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed Agreement. R+L will have no liability to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences respect to the cancelled or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”)reduced quantities. 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless The Seller will endeavour to dispatch Goods on an agreed otherwise in writing by the partiesdelivery date. However, all Goods delivery times quoted are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at estimates only. Time of delivery shall not be of the place specified in essence of the Order Confirmationcontract. 4.2 Any dates quoted for If the Seller fails to deliver within a reasonable time, the Buyer may (by informing the Seller in writing) cancel the contract, however: 4.2.1 The Buyer may not cancel if notice is received by the Seller after the Goods have been dispatched. 4.2.2 If the Buyer cancels the contract, the Buyer can have no further claim against the Seller under that contract. 4.3 If the Buyer accepts delivery of the Goods after the estimated delivery time, it will be on the basis that the Buyer has no claim against the Seller for delay (including indirect or performance of Services are approximate onlyconsequential loss, and time of delivery is not or increase in the price of the essenceGoods). 4.3 In 4.4 Unless otherwise agreed in writing the event Seller may deliver the Goods in instalments over a maximum 12- month period. Each instalment is treated as a separate contract. 4.5 The Seller may deliver the Goods in quantities of delay in delivery, Buyer shall give written notice to Seller requiring 10% more or less than the delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil quantity ordered and charge the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery will be limited to (a) refunding any sums which Buyer has paid for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by quantity actually delivered. 4.6 If short delivery occurs the Buyer in obtaining replacement goods of similar description and quality at may not reject the lowest available market price, less Goods but shall accept the Price Goods as part performance of the relevant Goodscontract, and a pro-rata adjustment to the price shall be made. 4.4 Seller shall not be liable for any delay in delivery of 4.7 If the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when they the Goods are ready for delivery or to provide any Delivery Information to enable on time deliverydispatch, the Seller shall be entitled to store and insure the Goods will and to charge the Buyer the reasonable costs of doing so. 4.8 If the Seller fails to deliver for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be deemed limited to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses excess (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any if any) of the cost to the Buyer of similar Goods at the best price reasonably obtainable (in the circumstances and charge Buyer for any shortfall below cheapest available market) to replace those not delivered over the Price price of the Goods under the ContractGoods. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.

Delivery. 4.1 Unless agreed otherwise in writing by 5.1 In the partiescase of Fixed Orders, all Goods are delivered FCA (“Free carrier” as defined in INCOTERMS 2020®) at the Supplier shall deliver the Products to the place specified and on the date(s) set forth in the Order. If no place of delivery is indicated, the Supplier shall deliver the Products to SESÉ GROUP at SESÉ GROUP'S premises on the delivery date set forth in the Order. 5.2 In the case of Blanket Orders, the Supplier shall deliver the Products to the place and on the delivery dates set forth in the Order Confirmationand Delivery Schedule. If no place of delivery is indicated, the Supplier shall deliver the Products to SESÉ GROUP at SESÉ GROUP'S premises on the delivery date set forth in the Order. 4.2 Any dates quoted for delivery 5.3 If the Supplier reasonably anticipates problems in the manufacturing or procurement of materials, or if circumstances arise that could make it difficult to deliver the Products in accordance with the agreed deadline, date, quantity and quality, the Supplier shall (i) inform SESÉ GROUP of such problems or circumstances as soon as possible, (ii) carry out the necessary actions to minimize any negative impact, and (iii) bear any additional cost or damage resulting from such problems or circumstances and shall indemnify and hold harmless SESÉ GROUP from any loss, damage or cost related in any way to such problems or circumstances. 5.4 If SESÉ GROUP has reasonable grounds to determine that there is a risk of breach of the Goods or obligation to deliver as established in an Order, SESÉ GROUP may request that the Supplier proceed, at its own cost, in accordance with a performance assurance plan, which may include specific performance reporting requirements to ensure the correct performance of Services are approximate onlyits obligation to deliver. 5.5 No partial deliveries will be permitted unless SESÉ GROUP has previously authorized them in writing. 5.6 The failure to deliver on schedule any Order, including, for the avoidance of doubt, deliveries under a Delivery Schedule, will entitle SESÉ GROUP to recover from the Supplier any damages, losses, costs and time of penalties that the delay in delivery may cause, including, in particular but without limitation, any costs or penalties for delay that may be imposed on SESÉ GROUP by the End Customer. 5.7 In any event, SESÉ GROUP will be entitled to reject any delivery made by the Supplier that is not of the essence. 4.3 In quality or for the event of delay quantity set forth in delivery, Buyer shall give written notice to Seller requiring the Order or the Delivery Schedule. Any Order or delivery to be made within 14 days. Subject to Condition 4.4, if Seller fails to fulfil the delivery within 14 days, Buyer shall be entitled to cancel the Order. Seller’s sole liability and Buyer’s exclusive remedy for such non-delivery that is rejected will be limited to (a) refunding any sums which Buyer has paid treated as an unmade Order or delivery for the undelivered Goods and (b) reimbursing Buyer for the reasonable and proper costs and expenses incurred by Buyer in obtaining replacement goods purposes of similar description and quality at the lowest available market price, less the Price of the relevant GoodsSection 5.6 above. 4.4 Seller shall not be liable for any delay in delivery of the Goods or Services where Buyer failed to provide written notice in accordance with Condition 4.3 or for any delay that is caused by: (i) a Force Majeure Event or (ii) Buyer’s failure to provide Seller with adequate instructions, information, licences or authorisations to enable the Goods or Services to be supplied on time (“Delivery Information”). 4.5 If Buyer refuses or fails to take delivery of the Goods when they are ready for delivery or to provide any Delivery Information to enable on time delivery, the Goods will be deemed to have been delivered by the due date and Seller may charge Buyer for all related costs and expenses (including for demurrage claims, wasted transport, storage and insurance). Following written notice to ▇▇▇▇▇, Seller may also sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the Price of the Goods under the Contract. 4.6 If Seller's delivery note or package labelling states that the Packages in which the Goods are delivered are returnable to Seller, such Packages shall be returned in accordance with such instructions. If such Packages are not so returned they will be chargeable at replacement value and no credit will be due on Packages for which a charge have been made by Seller. "Packages" shall include bulk tankers, minibulks, flexis, crates, boxes or other containers and pallets.