Notification of New Policy

A. General Provisions: You agree to pay the Company’s price per gallon, fees, rates, and charges in effect on the date that propane is delivered for Automatic delivery or ordered for Will Call delivery, when services are rendered, or as may be set forth on the applicable delivery ticket or invoice.

B. Price of Propane; No Notice of Change in Price. Unless you have executed a separate written agreement with the Company which determines your price (such as a Propane Pre-Buy contract), you will receive and be obligated to pay the Company’s daily market price per gallon that is set at the Company’s discretion, which includes, among other things and without limitation, our costs to procure the propane, freight and transportation, timing of delivery (e.g. whether a regularly scheduled delivery or emergency delivery, or at night or on weekends/holidays) and may vary depending upon factors such as the volume of propane purchased by the customer, customer requested partial fills, customer classification, whether you own your own propane tank or other equipment (as opposed to using Company Equipment,) and competitive conditions. For the avoidance of doubt, not every customer of the Company is paying the same price for propane as a result of the above factors. You may contact the Company to receive (by telephone, facsimile, or other electronic or written means) current pricing information as pricing changes frequently and without prior notice to you.

C. Fees and Charges Other Than the Price of Propane; Notice of Change. In addition to the price per gallon, the Company will apply other fees and charges to your account as identified below in this Section (C). The Company reserves the right to amend or change any fees or charges to you at any time by giving you sixty (60) days’ prior written notice of the change(s) (other than price per gallon of propane, which may be changed without prior notice consistent with (B) above). The notice may be in the form of a bill insert, email, or other written notification. Other than changes in the price of propane (where no termination right is available), if you do not find changes to fees and charges to be accept-able, you may terminate this Agreement by delivering written notice of termina-tion to the Company during such 60 day period indicating that the Agreement is being terminated due to the changes to the fees and charges. If you do not deliver such notice of termination during such 60 day period, you will be deemed to have agreed to the change(s). THE FEES LISTED BELOW ARE NOT GOVERNMENT IMPOSED, NOR ARE ANY PORTION OF THEM PAID TO ANY GOVERNMENT AGENCY.

EQUIPMENT FEES: Customers have the right to use Company Equipment or their own Equipment. Fees relating to equipment are the Leak Check Charge, Pump Out Fee, Reconnection Charge, removal fees, and rental fees described below in this Fee Schedule.

LEAK CHECK CHARGE: This test, performed by the Company, is required by law under certain circumstances, which may include: run out caused by customer, installation of new propane piping system if there has been an interruption of gas service, or in the event a leak in the system is suspected. The local office can provide specifics on when a leak check is required and the current charge. First time is free; a $50.00 charge applies each additional time. If a new appliance is added or an appliance is removed, a leak check will be required, performed by the Company at no charge.

PUMP OUT FEE: This charge is assessed when the Company is required to pump out a tank that contains propane in excess of five percent (5%) water capacity in order to remove a Company-owned tank from the customer’s property. You can avoid this charge by continuing service with the Company until the supply of the propane in the tank is less than five percent (5%). Depending on the size of the tank/cylinder, this charge may be up to $95.00 per hour.

RECONNECTION CHARGE: In the event that your tank is locked off by the Company due to nonpayment, this will be assessed to remove the lock, perform a leak check, and put your propane system back into service. The fee as of this Notice is $145.00. After normal business hours the fee is increased to $200.00.

RETURNED CHECK FEE: This fee is intended to cover the deposit return fee assessed by financial institutions and related administrative expenses associated with the return of a customer check for insufficient funds. The Returned Check Fee is $25.00.

DELIVERY CHARGE: The customary delivery charge with respect to each delivery will be $4.00.

OUT OF ROUTE CHARGE: An additional out of route charge may be incurred by customers who request Will Call deliveries within twenty-four (24) hours or after business hours or on weekends. This charge can also vary due to the distance involved and/or the time required to service the request and can be obtained from your local District office. Out of route charge is $50.00 and the after-hours out of route fee is $200.00.

WHERE EXCAVATION OR TRENCHING IS REQUIRED FOR INSTALLATION OR REMOVAL: You will mark or otherwise accurately identify the location of all underground systems or objects that are not marked by your State’s “Call Before You Dig” program, including, but not limited to, sprinkler lines, septic systems, leach pits, underground ponds, and similar underground features. You are responsible for all costs of excavation and removal of the Company Equipment and the Company is not responsible for furnishing fill, resurfacing, landscaping, or restoring your property to its previous condition upon removal. You will be billed on an hourly basis for this work with local labor rates prevailing, unless other arrangements are provided. The charge to remove an underground tank can vary greatly and is affected by numerous factors, including size of the tank, access to the tank, the soil conditions, and other impediments. The Company may at its option charge you for the value of the underground tank in lieu of physically removing the tank from your property.

ABOVEGROUND TANK REMOVAL FEES: 100# and up to 4-420 = $50.00 removal fee. 250AG up to 1000AG tank = $95.00. Pump out fees may apply in addition to removal fee.

SECURITY DEPOSITS: Security Deposits are required for all tenant locations and customers with insufficient credit. The security deposit ranges from $150.00-$2,500.00.

MINIMUM USE FEE: A Minimum Use Fee is charged if deliveries during the Initial Term or a given Renewal Term are less than one full tank of propane in gallons per calendar year as listed here: 100# tank: 23 gallons. 200# tank: 47 gallons. Minimum use fee on 100# or 200# tanks is $75.00. 420# tank: 100 gallons or minimum use fee of $100.00 is assessed.

With respect to larger tank sizes, the annual minimum use is as follows: Multiple 420# tanks: 100 gallons minimum use per tank. 250 gallon tank: 212 gallons minimum use. 325 gallon tank: 275 gallons minimum use. 500 gallon tank: 425 gallons minimum use. 1000 gallon tank: 850 gallons minimum use.

If less than minimum use gallons is delivered in any one calendar year Allen’s may charge $1.00 per gallon for the difference between minimum use and actual gallons delivered.

The per gallon minimum use rate may be adjusted by the Company subject to the notice provisions discussed above in subpart (C) of this Fee Schedule.

RUN OUT FEE: $50.00 in route delivery. $100.00 not in area ($50.00 + $50.00 out of route charge.) $200.00 after hours.

REGULAR SERVICE CALL FOR SERVICE OR INSTALLATION LABOR CHARGES: For One Technician: $145.00 for up to the first hour then $95.00 per additional hour, prorated every 15 minutes. For Two Technicians: $185.00 in the aggregate for up to the first hour, then $135.00 in the aggregate per hour, prorated every 15 minutes. In each case, New Jersey sales tax is added where applicable. In addition, the cost of parts is added if necessary.

CAGE RENT: Forklift cylinder cages may be available for rent. The cost is $50.00 per month.

CONSTRUCTION HEATERS: Construction heaters may be available for rent. The cost is $25.00 per week per heater.

EARLY TERMINATION FEE: In the event of termination by the Customer prior to the end of the Initial Term, Customer shall pay a flat fee equal to $150.00 and shall also pay the cost of removal of the applicable Company Equipment.