(REVISION 6112010) 1. GENERAL TERMS: This is a contract for the purchase of home heating oil between the PURCHASER above and the seller, Sippin Bros. Oil Company, Inc. DBA Sippin Energy Products (SBOC). PURCHASER has agreed to purchase home heating oil from SBOC in the amounts and under the terms set forth in this fixed price contract, including the price protection plan above. The program will commence on the START DATE stated above. The program will expire on END DATE stated above, or when all of the CONTRACTED GALLONS are purchased, whichever first occurs. All sales are final and not subject to change or alteration. SBOC may suspend deliveries and/or terminate this contract for breach if PURCHASER’s account has a past due balance or un-paid program fee. All other charges or outstanding balances must be paid in full before PURCHASER can participate in any protected price program. All sales are final, and are not subject to change or alteration. 2. PROGRAM DEFINITION: FIXED OR PRE-BUY PRICE; The per gallon price of oil under a fixed or pre-buy price does not change during the contract. It remains the same from the START DATE to the END DATE, or until all CONTRACT GALLONS are delivered, whichever occurs first. CAPPED PRICE (Also referred to as SMARTCAP). The per gallon price of oil under a cap price program will not exceed the capped price rate per gallon during the contract. If SBOC’s retail price declines below the cap rate during the contract, the SBOC prevailing retail (meter) rate per gallon will be charged. A capped price program commences on the START DATE and ends on the END DATE, or when all CONTRACT GALLONS are delivered, whichever occurs first. 3. AUTOMATIC DELIVERY; DELIVERY AND TANK CONDITION: PURCHASER agrees to purchase all heating oil exclusively from SBOC on Degree Day or Electronic Gauge Automatic Delivery until all of the CONTRACT GALLONS above have been delivered to the PURCHASER, or until the contract expires. If the PURCHASER calls for an early delivery, prior to the forecasted due date, a special delivery charge will apply. If automatic delivery is suspended, or there is evidence that the location is receiving oil deliveries from another supplier, SBOC may terminate this contract for breach and liquidated damages as described below will be charged to PURCHASER. Upon expiration of this price contract, the oil delivery account will remain active on automatic delivery. If an oil price protection contract is not renewed, oil deliveries will be made on automatic delivery at the SBOC prevailing retail rate. Automatic delivery means SBOC schedules automatic deliveries of heating oil based on degree days or by electronic gauge reading. Automatic delivery is provided as a customer convenience only and SBOC is not liable for any damages caused by failure to deliver heating oil for any reason. PURCHASER is responsible for providing safe access to the delivery site by a fully loaded oil truck in all weather conditions. The purchaser also acknowledges that the fuel storage tank is of sound condition, has a properly functioning vent alarm system, and is suitable for safe delivery and storage of heating oil. 4. DELIVERY DELAY OR FAILURE CAUSED BY OUTSIDE FORCES, ACTS OF NATURE, OR FORCE MAJEURE: Should a failure or delay occur in any part of the supply chain due to natural or man-made events beyond the reasonable control of SBOC, SBOC, at its option, may be excused from performing this contract during the period of delay or failure, or may void this contract without liability. 5. PERFORMANCE SECURITY for heating oil purchased under this contract has been provided by the purchase of Nymex backed futures and/or options contracts as well as heating oil stored at the SBOC facility at 234 Main St. Monroe, CT. 6. PAYMENTS; PROGRAM FEES; ATTORNEY FEES: All accounts subject to credit approval. All program fees, (including cap fees) are non-refundable. SBOC shall be entitled to collect attorney fees and interest in any action to collect amounts due hereunder. The Customer agrees payment in full is due upon receipt of invoice. A late charge of 1 ½% per month, not to exceed the maximum allowable by law, will be assessed on all charges not paid within 30 days. 7. BUDGET PAYMENT PLAN: Budget payments are estimated by the system as a convenience, and are subject to approval by SBOC Credit Department, and are subject to review and change after commencement of the budget plan. 8. LIQUIDATED DAMAGES ( CAPPED PRICE CONTRACT ): NONE 9. LIQUIDATED DAMAGES (FIXED PRICE CONTRACT ONLY): a. Provided the account remains on automatic delivery exclusively with SBOC till the oil price contract expiration date, or when all gallons have been delivered, there will be no liquidated damages charged. b. If the home is sold the oil protection contract is still valid but may be transferred to a new homeowner. c. If this contract is terminated for any reason other than SBOC’s failure to deliver, the purchaser will be responsible to pay for liquidated damages if any of the following conditions occur: § If this contract is terminated for any reason (other than SBOC’s failure to deliver) prior to the end date with un-delivered gallons remaining § If the purchaser voluntarily cancels the contract § If the contract is terminated by SBOC because of purchaser’s past due balances § Purchaser’s breach or failure to perform under this contract d. LIQUIDATED DAMAGE CALCULATION: Liquidated damages are calculated by subtracting the total starting contract value (price per gallon X gallons purchased), from the remaining contract value (price per gallon of that program type at the time of termination X remaining undelivered gallons of contract). Example: A contract is signed for the purchase of 1,000 gallons at a fixed price of $4.00 per gallon. At the time of the purchaser's early termination, the price of oil for the same program type is $3.00 per gallon, if the remaining undelivered volume of the contract is 500 gallons, the total liquidated damages charged to the purchaser would be (1.00 dollar per gallon X 500 gallons)= $500.00. 10. LIMITATION OF LIABILITY; WAIVER OF SUBROGATION. No party shall be liable for any special, consequential, incidental damages. Both parties waive any right of subrogation and recovery against each other for events occurring or arising out this Agreement. 11. TELEPHONIC CONTRACTS: If PURCHASER accepts this contract by recorded telephone call: (a) PURCHASER must orally confirm to SBOC’s agent that he or she has read, understands, and agrees to this contract; and (b) SBOC’s agent must orally confirm the contract term, rate and cost of the protect price program hereunder. PURCHASER has the right to rescind his or her acceptance of a telephonic contract within 3-days of receipt of the confirmation by writing to SBOC at the address above. A telephonic contract is valid and binding upon PURCHASER upon his or her oral acceptance, subject only to the right to rescind acceptance. INTERNET CONTRACTS: If PURCHASER accepts this contract by checking the boxes below and clicking I AGREE below, this contract is immediately valid and binding upon PURCHASER. CONFIRMATION: THIS CONTRACT IS NOT VALID ON SBOC UNTIL IT GENERATES A CONTRACT CONFIRMATION NUMBER. IF AN INTERNET CONTRACT, THE CONFIRMATION NUMBER IS CREATED AND A CONFIRMATION E-MAIL IS SENT TO PURCHASER’S EMAIL ADDRESS ABOVE WHEN PURCHASER CHECKS THE BOXES BELOW INDICATING ACCEPTANCE AND CLICK ON "I AGREE". IF THIS CONTRACT IS BEING ACCEPTED OVER THE PHONE, A SBOC AGENT WILL READ AND RECORD THE CONFIRMATION NUMBER WHICH WILL BE INCLUDED IN A COPY THAT WILL BE MAILED OR E-MAILED TO PURCHASER. Sippin Brothers Oil Co. Inc., DBA Sippin Energy Products 234 Main St., Monroe, CT 06468 CT Heating Oil Dealer # 52 • CT Heating & Cooling License # 302743 Ph. 203-261-3668 • Fax 203-268-0769

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