Common use of SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION Clause in Contracts

SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION. (a) The Seller has provided to the Buyer and by taking delivery of the Product under the terms of this Agreement the Buyer acknowledges receipt of the Seller's current Safety Data Sheet(s) concerning the properties of and safe handling procedures for the Product. The Buyer acknowledges that the Product is a hazardous material and represents and warrants that it is familiar with the properties of and safe handling procedures for the storage, handling, transportation and use of the Product. The Buyer will inform its customers of those safe handling procedures of the Product. (b) The Seller has no knowledge how its customers will handle, store, transfer, distribute or use the Product and makes no warranty regarding the Product after delivery to the Buyer. With respect to the Product, the Buyer acknowledges that the Seller has no feasible method for conveying safety or warning information to the Buyer's customers. It is recommended that the Buyer provide its employees and subsequent customers with information regarding the characteristics of the Product, and how those characteristics relate to the employees' or customers' use including the limitations of any chemical odorant including ethyl mercaptan. With proper handling, transportation and storage, adding an odorant such as ethyl mercaptan has proven to be a very effective warning device, but all odorants have certain limitations. The effectiveness of the odorant may be diminished by a person's sense of smell, by competing odors and by oxidation, any of which may cause a potentially dangerous situation. The Buyer acknowledges that no odorant is certain to be effective to warn every user 100 percent of the time. (c) It is understood and acknowledged by the Buyer that odorant can fade over a period of time, or fade if subjected to certain metals or conditions of metals, household surfaces such as masonry, concrete blocks and ▇▇▇▇▇ may, therefore, be undetectable. When it is indicated in the Sales Agreement that the Seller is to deliver stenched or odorized Product, Product shall be odorized in accordance with applicable laws and transport regulations at the Delivery Point. The Seller has no further responsibility to ensure that the Product remains properly odorized after the Delivery Point except where the Seller failed to properly odorize/stench the Product. The Buyer shall be responsible for ensuring the Product contains a quantity of odorant sufficient to meet the applicable laws of the jurisdiction of the ultimate destination of the Product when the Product arrives at such destination. The Seller makes no warranty that the odorization of the Product will: (i) meet applicable laws of the jurisdiction of the ultimate destination (if different than the Delivery Point); and (ii) not have suffered from odorant fade, loss, or degradation since leaving the loading point. Prior to receiving the Product at the Delivery Point, the Buyer shall inspect the Product to confirm that it is odorized to the Buyer’s satisfaction. The Buyer is liable for and will indemnify the Seller Indemnified Parties against all Claims brought against the Seller Indemnified Parties related to odorant fade, total or partial loss of odorization or lack of odorization of product, except where such odorant fade, total or partial loss of odorization or lack of odorization has resulted from a failure of the Seller to comply with this Section 19(c). (d) If unodorized Product is to be delivered under this Agreement, then the Buyer represents and warrants to the Seller that the Buyer will not use such Product for fuel, heating material or industrial process or knowingly resell it for fuel, heating material or industrial process without adding an odorizing agent in conformance with applicable laws and regulations. It is recommended that the Buyer provides its agents, contractors, employees and customers with information regarding the characteristics of unodorized Product and how those characteristics relate to, or affect, the handling, storage, distribution and use of unodorized Product. The Buyer is liable for and will indemnify the Seller Indemnified Parties against all Claims brought against the Seller related to the Buyer requesting and receiving unodorized Product from the Seller. (e) To the extent that the Buyer blends any odorized Product sold under this Agreement with any non-odorized, under-odorized or odorized product after the time that delivery is made by the Seller, the Buyer shall test the resulting blend product to assure continued compliance with all applicable laws and regulations and shall document the impact of the blending on the product, and shall maintain all testing documentation.

SAFE HANDLING OF PRODUCT AND PRODUCT ODORIZATION. (a) The Seller has provided to the Buyer and by taking delivery of the Product under the terms of this Agreement the Buyer acknowledges receipt of the Seller's current Material Safety Data Sheet(s) concerning the properties of and safe handling procedures for the Product. The Buyer acknowledges that the Product is a hazardous material and represents and warrants that it is familiar with the properties of and safe handling procedures for the storage, handling, transportation and use of the Product. The Buyer will inform its customers of those safe handling procedures of the Product. (b) The Seller has no knowledge how its customers will handle, store, transfer, distribute or use the Product odorized propane and makes no warranty regarding the Product propane or ethyl mercaptan after delivery the custody of these materials passes to the Buyer. With respect to the Product, the Buyer acknowledges that the Seller has no feasible method for conveying safety or warning information to the Buyer's customers. It is recommended that the Buyer provide its employees and subsequent customers with information regarding the characteristics of the Product, and how those characteristics relate to the employees' or customers' use including the limitations of any chemical odorant including ethyl mercaptan. With proper handling, transportation and storage, adding an odorant such as ethyl mercaptan has proven to be a very effective warning device, but all odorants have certain limitations. The effectiveness of the odorant may be diminished by a person's sense of smell, by competing odors and by oxidation, any of which may cause a potentially dangerous situation. The Buyer acknowledges that no odorant is certain to be effective to warn every user 100 percent of the time. (c) It is understood and acknowledged by the Buyer that odorant can fade over a period of time, or fade if subjected to certain metals or conditions of metals, household surfaces such as masonry, concrete blocks and ▇▇▇▇▇ may, therefore, be undetectable. When it is indicated in the Sales Agreement Confirmation that the Seller is to deliver stenched or odorized Product, Product shall be odorized in accordance with applicable laws and transport regulations at the Delivery location where the Product is loaded into the transportation equipment (“Loading Point”). The Seller has no further responsibility to ensure that the Product remains properly odorized after the Delivery Loading Point except where the Seller failed to properly odorize/stench the Product. The Buyer shall be responsible for ensuring the Product contains a quantity of odorant sufficient to meet the applicable laws of the jurisdiction of the ultimate destination of the Product when the Product arrives at such destination. The Seller makes no warranty that the odorization of the Product will: (i) meet applicable laws of the jurisdiction of the ultimate destination (if different than the Delivery Loading Point); and (ii) not have suffered from odorant fade, loss, or degradation since leaving the loading point. Prior to receiving the Product at the Delivery Point, the Buyer shall inspect the Product to confirm that it is odorized to the Buyer’s satisfaction. The Buyer is liable for and will indemnify the Seller Indemnified Parties against all Claims brought against the Seller Indemnified Parties related to odorant fade, total or partial loss of odorization or lack of odorization of product, except where such odorant fade, total or partial loss of odorization or lack of odorization has resulted from a failure of the Seller to comply with this Section 19(c)24. (d) If unodorized Product is to be delivered under this Agreement, then the Buyer represents and warrants to the Seller that the Buyer will not use such Product for fuel, heating material or industrial process or knowingly resell it for fuel, heating material or industrial process without adding an odorizing agent in conformance with applicable laws and regulations. It is recommended that the Buyer provides its agents, contractors, employees and customers with information regarding the characteristics of unodorized Product and how those characteristics relate to, or affect, the handling, storage, distribution and use of unodorized Product. The Buyer is liable for and will indemnify the Seller Indemnified Parties against all Claims brought against the Seller related to the Buyer requesting requested and receiving unodorized Product from the Seller. (e) To the extent that the Buyer blends any odorized Product sold under this Agreement with any non-non- odorized, under-odorized or odorized product after the time that delivery is made by the Seller, the Buyer shall test the resulting blend product to assure continued compliance with all applicable laws and regulations and shall document the impact of the blending on the product, and shall maintain necessarily maintaining all testing documentation.