If leasing an LP tank, the customer is required to purchase a minimum amount of propane within a year of this agreement date. Further, customer must purchase the minimum amount of propane gas each year thereafter. (As outlined in the current Davenport Energy Payment terms and Options) If customer does not purchase the required propane during the allotted time, he/she will be billed a tank rental fee as outlined in our Delivery Policy and Payment terms. If customer discontinues service for any reason within a 12 month period of the date of this agreement, a tank pick-up fee and forfeiture of tank contents applies. If service is discontinued after 12-months a pick-up fee only will apply.

Fire code requires that all LP tanks that experience an out-of-gas situation must have a leak test performed prior to admitting gas back into the system. If account is current, automatic delivery customers are not charged for this test. Will call customers will be charged a fee for each leak test performed. Customers owning own tanks must inform Davenport Energy if customer has accepted LP delivery from another company between Davenport Energy deliveries.

In the event the customer and property owner where service will be rendered are not one and the same; customer warrants that it has obtained from the property owner all necessary approvals for installation of propane service, the tank(s), and all necessary appurtenances. Customer shall indemnify and hold Davenport Energy harmless for any unauthorized installation of propane service due to customer’s failure to secure the authorization of the property owner.

Customer further agrees not to allow tanks and/or appurtenances necessary for propane service, owned by Davenport Energy, to be filled or serviced by any party other than Davenport Energy.

Terms and Conditions

The schedule of rates, minimum usage requirements applicable hereunder and in other documents shall be the one prevailing at the time of the execution of the agreement. A copy of the current price schedule is provided at the execution of the agreement and is available upon request. The company shall have the right to at any time to revise such schedule without prior notice and to bill the customer accordingly, provided however, that if any such revision is more burdensome than the applicable schedule in effect on the date hereof, the Customer may terminate this Agreement by written notice within 15 days after receiving the first bill reflecting such revision. If the customer shall not so terminate with such time, the Customer shall be deemed to have assent to the company’s action.

At the request of the customer(s) named herein, hereafter-called “Customer.” Davenport Energy, hereinafter called “Company” agrees to lend to the customer one set of liquefied petroleum gas utilization equipment described herein, hereinafter called “Equipment” subject to the following conditions:

1. In the case of an above ground propane tank, the following clause takes precedence for this lease. Either party may terminate this agreement (all conditions contained herein apply) at any time by giving the other party thirty (30) days written notice.
2. In the case of an underground propane tank, the following clause takes precedence for this lease. Company agrees to lease the underground propane tank to customer. Company maintains ownership of the underground tank unless customer wishes to purchase propane tank from company. Further, if customer discontinues service with Company for any reason, customer shall pay for the underground tank and installation at current rates or customer may pay a tank removal and reconditioning fee. In the event customer requests that Company remove the tank, Customer shall be responsible for filling the excavation, grading, seeding or any other work necessitated by the removal of the tank. Customer shall hold Company harmless from any and all damages and liabilities, which may result from said removal.
3. The equipment shall be used solely for the storage and handling of liquefied petroleum gas sold by the Company
4. The equipment shall not be removed from the location noted herein. If the equipment fails to function or otherwise needs repairs or adjustment, Customer agrees to notify Company promptly. Company will make repairs or adjustments, which, in its opinion, are necessary: provided however, if the need for such repairs or adjustments is occasioned by the negligence, misuse or servicing by the customer or anyone not authorized by Company, such repairs and adjustments shall be at Customer’s expense. All appliances to be used with and served by the equipment shall be installed by a competent mechanic experienced in making liquefied petroleum gas installations and connections. Customer assumes full responsibility for all connections made to Company’s lines for the installation of any appliance unless customer affords Company an opportunity to inspect and supervise such installation and pays Company its regular service charge. The customer shall be responsible for any loss or damage to equipment, unless caused by an act of God. Customer shall comply with all regulations and instructions supplied with or attached to the equipment.
5. Company may terminate this agreement immediately and without notice in any of the following events:
   • If any product other than liquefied petroleum gas sold by company is used with equipment;
   • If customer fails to pay any moneys due company;
   • If Equipment is moved from the location noted herein without the Company’s written consent;
   • If the equipment becomes damaged in any manner; or
   • If the premises upon which the equipment is located becomes subject to foreclosure proceedings upon any mortgage or lien, or upon the sale, transfer of conveyance of the premises or leave it unoccupied for an extended period.
   Upon any termination, Customer shall, in accordance with Company’s instruction, return the equipment in good order and condition as when loaned, ordinary wear and tear excepted or, Company, or its authorized representative, may without notice or demand, and without legal process, enter any premises where the equipment is located and take possession of Equipment. Company shall not be liable for any damage to the premises necessarily incurred by the removal of the equipment there from. The removal of the equipment or the termination of this agreement shall not be deemed a waiver by Company of any other remedies provided by law.
6. The Equipment rent for the term of this agreement is $__________ per year, plus such additional sums as represent time, labor and materials in making installations which Customer agrees to pay to company or its authorized representative upon demand. The equipment is and shall remain the property of the company. The rent and installation charges (if applicable) shall not be considered a deposit and will not be refunded upon the termination of this agreement. Customer undertakes and agrees not to take any action which would have the effect of concealing the fact that Company title to such equipment and covenant to confirm the fact of company’s unconditional title to such equipment to all third parties.
7. Customer shall indemnify and save harmless Company, its successors and assigns of and from any and all liability for claims of loss, damage or injury to persons or property (including but not by way of limitation, Customer, his agents, servants and employees and members of his household or other occupants of the premises upon which the Equipment is located) caused or occasion by any leakage, fire or explosion of any of the products stored in said Equipment or contained or drawn through said Equipment or any attachment or appliance used, connected, installed or furnished therewith which shall occur before notice to Company of any defect in the Equipment or between the time of notice and a reasonable time thereafter within which Company could have repaired or which shall occur by reason of failure of Customer to shut off gas in accordance with such regulations and instructions or which shall be otherwise to observe such regulations or instructions or which shall be the result of negligent damage to or misuse of the equipment by customer. In the event of the nonfiction or malfunction of the Equipment, customer agrees to notify Company immediately and request service in such connection.
8. This agreement is not assignable or transferable by Customer without the written consent of the Company.
9. Customer must provide easy access to tank and equipment. Customer agrees to indemnify and hold harmless from and against any and all claims of damage to property connected with the delivery of the fuel. Customer acknowledges that customer owned driveways and parking areas are capable of withstanding the weight of an LP/fuel delivery truck. Any damage to same is totally customer’s responsibility.
10. Neither party hereto shall be liable to the other for any failure to perform any provision or obligation of this contract (except customer’s obligation to pay for fuel delivered) if such failure is caused by or results directly or indirectly from any act of God, Federal state or Municipal order, legislation or regulation, fires, floods, storms, strikes, war, accidents, interruption to or discontinuance of production, railroad embargoes, breakdown or failure of transportation facilities, preemption by any governmental agency of the products covered hereby or the facilities of either party hereto, or any other cause beyond the control of the party failing to perform. COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR OTHERS FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY DUE TO COMPANY’S INABILITY TO DELIVER FUEL. Company may distribute its available supply of liquefied petroleum gas to a given location or in a stated area among its customers in such reasonable manner as it may determine.
11. Customer hereby authorizes Company to fill tank when Customer is not at home and to provide regular delivery service until such time as Company is notified in writing.
12. This agreement contains the entire contract between the parties as to equipment, service and delivery and supersedes all agreements, warranties or representations, oral or otherwise. This agreement cannot be changed or any of its provisions varied except in writing, signed by the Customer and accepted by the Company. Any waiver of any of the terms or conditions of this agreement shall not be deemed to be a continuing waiver of such terms or conditions or a waiver of any other terms or condition hereof.

Customer acknowledges receipt of a copy of this agreement, (front and back) and of the regulations and instructions referred to herein. In consideration of the installation of the equipment by company as herein provided, and/or the initiation of propane delivery services, the owner and mortgagee respectively agree to the terms and conditions hereof.

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Document name: New Service/Tank Lease Agreement

Unique Document ID: 6f901c6058273304d71c5a33666770ef6fa6c1e1

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Timestamp	Audit
April 12, 2018 8:09 am EDT	New Service/Tank Lease Agreement Uploaded by Tim Davis - custacctteam@davenportenergy.com IP 174.108.188.38
July 6, 2018 4:15 pm EDT	Tim Davis - tdavis@davenportenergy.com added by Tim Davis Davis - tdavis@davenportenergy.com as a CC'd Recipient Ip: 70.182.216.48

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