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HomeMy WebLinkAbout147-01-B RESOLUTIONRESOLUTION NO. 147-01- A RESOLUTION TO APPROVE A CONTRACT WITH AVFUEL CORPORATION TO PURCHASE FUEL AND SERVICES TO BE USED AT THE FAYETTEVILLE CITY AIRPORT (DRAKE FIELD) AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $68,841.00 TO PURCHASE AVIATION FUEL WHICH WOULD BE OFFSET BY SALES OF THIS FUEL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to a contract with AVFUEL Corporation to purchase fuel and services to be used at the Fayetteville City Airport (Drake Field) and authorizes Mayor Dan Coody to execute said contract. Section 2. That the City Council of the City of Fayetteville, Arkansas agrees to a budget adjustment of $68,841.00 to pay for the purchase of aviation fuel and services from AVFUEL Corporation, which fuel shall be resold by the City acting as the Fixed Base Operator of Drake Field. PASSED and APPROVED this the 16th day of October, 2001. r .• 1� By: 1H//r,//v/ eather Woodruff, City erk APPROVED: By: RESOLUTION NO. 147-01 A RESOLUTION TO APPROVE A CONTRACT WITH AVFUEL CORPORATION TO PURCHASE FUEL AND SERVICES TO BE USED AT THE FAYETTEVILLE CITY AIRPORT (DRAKE FIELD) AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $68,841.00 TO PURCHASE AVIATION FUEL WHICH WOULD BE OFFSET BY SALES OF THIS FUEL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to a contract with AVFUEL Corporation to purchase fuel and services to be used at the Fayetteville City Airport (Drake Field) and authorizes Mayor Dan Coody to execute said contract. Section 2. That the City Council of the City of Fayetteville, Arkansas agrees to a budget adjustment of $68,841.00 to pay for the purchase of aviation fuel and services from AVFUEL Corporation, which fuel shall be resold by the City acting as the Fixed Base Operator of Drake Field. PASSED and APPROVED this the 16th day of October, 2001. APPROVED: B ATTEST. By: Heather Woodruff, City Clerk NAME OF FILE: CROSS REFERENCE: Resolution No. 147-01 B • 10/16/01 Resolution No. 147-01 B 10/31/01 Copy of the Budget Adjustment Form Customer Credit Agreement Aviation Fuel Supply Agreement Standard Provisions of Contracts Branded Program Agreement Credit & Charge Card Acceptance Agreement Excess Third Party Liability Insurance Program Application Storage Tank Compliance Certification 09/27/01 Letter to James Nicholson from Suzy Jago, Avfuel Corporation 09/27/01 Letter to James Nicholson from Ronald L. Cagle, Credit Manager, Avfuel Corporation Letter to be used if Govemment Body is to be billed directly 09/19/01 Memo to Mayor Coody & Fay. City Council from Gary Dumas, Utility Services Director/Interim Airport Manager, thru Staff Review Committee, regarding AVFUEL Corp., Inc. - Aviation Fuel Contract Aviation Refueler Lease Agreement Specifications Aviation Gasoline; Jet Fuel AVCARD Agreement AVFUEL Corporation Avtrip Agreement 08/24/01 Estimated fuel (quoted prices) cost per gallon from AVFueI Corporation; BP Air, and Phillips 66 10/16/01 Staff Review Form 10/29/01 Memo to Gary Dumas, Utilities Service Director, from Heather Woodruff, City Clerk NOTES: co • • Res. 147-01 Ad Fo City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2001 Department: Environmental Services Division: Airport Program: Air FBO Date Requested 10/31/2001 Adjustment # Project or Item Requested: $68, 841 is being requested in aviation fuel expense accounts to recognize expenses from 11/01/01 through 12/31/0, in conjunction with new AVFueI Corp. supplier contract Project or Item Deleted: To recognize $68,841 in additional revenue from aviation fuel sales COPY • Justification of this Increase: The additional budgeted amount is required for aviation fuel expenses through the end of the year. Justification of this Decrease: Fuel sales will provide additional revenue to support these costs. Account Name Increase Expen e (Decrease Revenue) Amount Account Number Jet Fuel 43,370 5550 3955 5213 02 Avgas 25,471 5550 3955 5213 03 Account Name Jet Fuel Revenue Decrease Expense (Increase Revenue) Amount Account Number 43,370 5550 0955 4456 02 Avgas Revenue 25 471 5550 0955 4456 01 Project Number Project Number Approval Signatures Requested By Date udget Manager Date ��- Icy' 1(0 —o 1 entirectorDate )1214A—' i o/2441 Date Admin. Jo ices Director / J 1 1 44 . Mayor /07 i/o/ Date Budget Office Use Only Type: A B C D E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester • • City of Fayetteville, Arkansas Budget Adjustment Form Res. 147-01 Budget Year Department: Environmental Services 2001 Division: Airport Program: Air FBO Date Requested 10/31/2001 Adjustment # Project or Item Requested: $68, 841 is being requested in aviation fuel expense accounts to recognize expenses from 11/01/01 through 12/31/0, in conjunction with new AVFueI Corp. supplier contract Project or Item Deleted: To recognize $68,841 in additional revenue from aviation fuel sales Justification of this Increase: The additional budgeted amount is required for aviation fuel expenses through the end of the year Justification of this Decrease: Fuel sales will provide additional revenue to support these costs Increase Expen e (Decrease Revenue) Account Name Amount Account Number Project Number Jet Fuel 43,370 5550 3955 5213 02 Avgas 25,471 5550 3955 5213 03 Decrease Expense (Increase Revenue) Account Name Amount Account Number Jet Fuel Revenue 43 370 5550 0955 4456 02 Avgas Revenue 25 471 5550 0955 4456 01 Project Number Approval Signatures Requested By Date Budget Manager Date Department Director Date Admin. Services Director Date Mayor Date Budget Office Use Only Type: A B C D E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester 01:35pm From-AVFUEL • T3466316E1 • 7-054 P.03/04 F-310 ADDENDUM A to the CUSTOMER CREDIT AGREEMENT between AVFUEL CORPORATION and THE CITY OF FAYETTEVILE, AR The following is incorporated and made part of the above named agreement with a reference date of September 28, 2001. 1. Section 6, Interest on Past Due Charges: At the end of the first sentence, after the word "law", the following is inserted, "in The State of Arkansas". 2. Section 16, Governing Law: At the end of the sentence the words, "either place" are deleted and replaced with the words, "The State of Arkansas". AVFUEL CORPORATION THE CITY of FAYETTEVIL.LE, AR 13y: By: Signature Signature Its: it': Print name / Title Print name / Title Date: Date: c c A Oct -30-01 14:12 AVE",CORPORATIOn W rau-ul luc VI•IM ru r ICVILLC nlnrvnl I11 -0a -0I 01 Asps Frpu-AVFLEL 81641,2 9559 UV! YV REs . /q7 vi -8 P.03 rnn IRI. r. VO 134t631881 T-864 P.08/04 F-310 ADDENDUM A to the CUSTOMER CREDIT AGREEMENT between AV FUEL CORPORATION and THE CITY OF FAYETTEVILE, AR The following is incorporated and made part of the above named agreement with a reference data of September 28, 2001. 1. Section 6, Interest on Pan Due Charges: At the end of the first sentence, after the word "law", the following ie inserted, "in The State of Arkansas". Z. Schen 16, Governing Law: At the end of the sentence the words, "either place" are deleted and replaced with the words. "The State of Arkansas". AVFTJEL CORPORATION 11(1 CITY of FAYETTEVILLE, AR By: _ Dy 5ignamn tls: WILLIAM B. LIGHT la: pd—MriplreftlItThAltrlaltNISTRATION DAM: pout • • AVFUEL CORPORATION CUSTOMER CREDIT AGREEMENT SUMMARY OF TERMS • Customer: City of Fayetteville Address: 4500 South School Avenue, Suite F, Fayetteville, AR 72701 Aviation Fuel Supply Agreement ("AFSA") dated September 27, 2001 Credit Limit Twenty thousand Dollars ($20,000) Payment Due Date One Percent (1%) ten (10), Net Thirty (30) days after delivery. CUSTOMER: Cry OFFAYEITEVILLE AVFUEL CORPORATION By: By: customer signature Its: W Its: title GUARANTOR(S): (Principal Owners Signature) (Spouse's Signature) (Print Name & Social Security #) (Print Name & Social Security #) The reference date of this Agreement is September 27, 2001; The effective date is such date or TERMS AND CONDITIONS 1. BUSINESS PURPOSE. The Customer, in the course of its business of buying and selling aviation fuels and related products and services, will purchase fuels and other products from AVFUEL under the AFSA which is referenced in the Summary. Under the AFSA, unless otherwise agreed, the Customer must pay for aviation fuel and other products at or in advance of the date of delivery. Based upon the warranties and commitments made by the Customer in this Agreement, AVFUEL agrees to extend credit to the Customer for purchases under the AFSA upon the terms and subject to the limitations contained in this Agreement 2. OPEN ACCOUNT CREDIT/RESTRICTIONS. AVFUEL hereby agrees to extend to Customer a line of purchase money credit upon open account, subject to the following restrictions: 2.1 The credit may be used only for the purpose of aviation fuel and other products from AVFUEL under the AFSA. 2.2 The total credit available to Customer shall be limited to the Credit Limit stated in the Summary and Customer shall have no right to charge any amount to said account which, when added to the total indebtedness of Customer to AVFUEL outstanding as of the date thereof, would cause the total indebtedness to AVFUEL outstanding immediately after such charge to exceed the Credit Limit. The Credit Limit may be changed by AVFUEL at any time for any reason upon written notice to the Customer. 2.3 The credit may not be used during any period in which the Customer is in default. For such purposes, the Customer will be in default if any amount charged to the Customer's account is not paid on or before its due date; if and for so long as the Customer is in breach of any of its obligations under the AFSA or under any "Supplementary Ag.eement" referenced in the AFSA; if AVFUEL determines that there is any misrepresentation or breach of warranty by the Customer under or with respect to this Agreement, the AFSA or any such "Supplementary Agreement"; or if AVFUEL reasonably deems itself insecure as to the ability of the Customer to pay its account. 3. TERMINATION/SURVIVAL This Agreement shall continue in effect until terminated by either AVFUEL or Customer. Either party may terminate this Agreement at any time for any reason or for no reason by notice to the other party. From and after the date of termination, Customer shall have no right to charge new purchases to its account and AVFUEL shall have no obligation to accept new charges to Customer's account, but the rcnyafive rights, duties and obligations of the parties with respect to any charges made by Customer and accepted by AVFUEL, including Customer's obligation to pay all sums outstanding on said account, and AVFUEL's remedies for the breach or enforcement of this Agreement and all rights of AVFUEL in any collateral securing payment of the indebtedness, shall survive such termination and continue in full effect until such time as all indebtedness of Customer to AVFUEL shall have been paid in full. The termination of the AFSA, by expiration or otherwise, shall excuse notice of termination under this Agreement and shall automatically terminate this Agreement unless a new or renewal AFSA shall have taken effect between the parties. Termination of this Agreement shall not automatically terminate the AFSA. If AVFUEL, intentionally or unintentionally, permits any purchases on credit after automatic termination as defined above, then the terms of this Agreement pertain to those charges. Pagel of 3 4. CHARGES TO CUSTOMER'S AccoUrir. Subjellithe approval by AVFUEL at its offices in Michigan -purchases by Customer for which payment is not received by AVFUEL at or prior to the time of delivery to Customer shall be charged as principal to Customer's account. AVFUEL may require Customer or Customer's authorized representative, as a condition of delivery or at any time thereafter, to give receipt for all deliveries in writing and to sign sales slips and other documents in AVFUEL's opinion necessary to record or substantiate any or all transactions resulting in a charge to Customers account. 5. PAYMENT TERMS. Payment for each and every purchase money charge to Customer's account shall be payable in full on or before the Payment Due Date specified in the Summary. AVFUEL will invoice Customer separately for each delivery. Unless otherwise determined by AVFUEL in its discretion, all payments received will be applied by AVFUEL (subject to collection of remittance if other than cash) first to interest, if any, accrued on Customer's account, then to the unpaid principal balance owed upon such account in direct calendar order of due date. Customer agrees to pay to AVFUEL upon demand a fee of $35.00, added to principal, for each check, draft or other form of remittance which is not honored by the drawee upon due presentment by AVFUEL or its agents. 6. IntrEREsr ON PAsr DOE CHARGES. Any amount charged to Customer's account which is not paid on or before the Payment Due Date specified in the Summary shall bear interest until paid at the lower of 18% per annum or the highest rate which may lawfully be contracted for, charged and received according to applicable law. Not withstanding anything in this Agreement to the contrary, Customer shall never be obligated to pay and AVFUEL shall never be entitled to receive any interest upon any indebtedness incurred by Customer pursuant hereto in excess of the maximum contract rate of interest authorized by applicable law, and it is expressly understood and agreed that if AVFUEL shall render any charge for the payment of usurious interest, such charge shall be automatically and unconditionally reduced to the maximum nonusurious amount, and the excess if paid shall be applied as a credit to Customer's account. If such application results in a credit balance in Customer's said account, such balance shall be refunded to Customer or applied to the next due amount in such account. 7. SFr OFF FOR PAST DUE CHARGES. If any amount charged to a Customer's account is not paid on or before the Payment Due Date, then AVFUEL, by written notice to the Customer, may apply against that past due charge any amounts payable by AVFUEL to the Customer, to any guarantor of the Customer's obligations under this Agreement or to any affiliate entity that owns, is owned by or is under common ownership with the Customer. The Customer confirms that it is authorized to make this commitment with respect to amounts owed by AVFUEL to such guarantors and affiliate entities. 8. COLLECTION Cosrs. If Customer fails to pay any amount owing on Customer's account when due, and said account is placed in the hands of an attorney or other agent for collection or if collection action is taken through proceedings in any court, Customer agrees to pay as additional principal of said account, upon demand, AVFUEL's reasonable cost of collection, including but not limited to attorney's and agent's reasonable fees. 9. STATEMENTS. AVFUEL may send Customer a statement of Customers account each month for Customer's information showing in summary or in such detail as AVFUEL may deem appropriate current transactions AVFUEL posted to Customers account to date thereof, the amount of interest (if any) which has accrued, and the balance owing thereon; however, the failure of AVFUEL to famish any such statement shall not relieve Customer of the obligation to make payment when due in accordance with the other terms of this Agreement. Customer agrees to review all statements promptly after receipt, and shall have ten (10) days from date of receipt to notify AVFUEL in writing of any discrepancies. If no such notice is given, such statement shall be conclusively presumed correct. 10. SECURITY INTEREST. For the purpose of securing a payment of all indebtedness of Customer to AVFUEL from time to time outstanding (including, without limitation, any amounts due under this Agreement, the AFSA, any "Supplementary Agreement" referenced in the AFSA, or any other agreement or instrument between AVFUEL and the Customer) grants to AVFUEL a security interest and first priority lien, in and to all of Customers inventory of aviation fuels and other products of similar type or description as are purchased from AVFUEL, and all accounts, contract rights and other proceeds from such inventory, whether now owned or hereafter acquired. If for so long as the AFSA is in effect, all of Customers inventory of aviation fuels will be presumed to be merchandise purchased pursuant to the AFSA and subject to the purchase money security interest granted by this Agreement. Customer agrees to execute all financing statements and other instruments which AVFUEL may reasonably require in order to create, perfect and continue in force said security interest and first priority lien. Customer authorizes AVFUEL to file a true copy of this Agreement in lieu of any financial statement. Customer further authorizes to AVFUEL and its agents the right, in case of default by Customer under this Agreement, to gain entry by any peaceful means upon any premises of the Customer where the collateral or any portion thereof may be situated, and to remove and repossess the same for disposition by AVFUEL. The rights and obligations of AVFUEL and the Customer under and with respect to the security interest and first priority lien created by this Section shall be interpreted in accordance with the Uniform Commercial Code in effect in the state of the Billing Address of the Customer as stated in the Summary. 11. WAIVER OF DEFAULT. No waiver by AVFUEL of any default by Customer hereunder shall constitute a waiver of any other default, whether of similar or dissimilar nature, and no waiver of any default shall be deemed consent to the continuation of such default, and the forbearance or failure by AVFUEL to exercise any remedy with respect to any default shall not prevent or in any wise impair the exercise of such right or remedy by AVFUEL with respect to the same or any other or subsequent default. Please Initial Page 2 of 3 • • 12. FINANCIAL INFORMATION. The Customer agrees to provide to AVFUEL, within ten (10) days after AVFUEL's written request for same, such _ financial statements and tax returns of the Customer as AVFUEL may specify. The Customer further agrees to notify AVFUEL immediately in writing of any substantially adverse change in the Customer's financial condition. 13. ASSIGNMENT. The Customer shall not assign its rights or delegate its obligations under this Agreement, in whole or in part, unless with the prior written consent of AVFUEL. If the Customer is a business entity (as distinguished from an individual functioning as a proprietor), any transfer of any controlling interest in such entity shall be deemed an assignment requiring the consent of AVFUEL. 14. NOTICES. All notices permitted or required under this Agreement shall be in writing. Notices by fax shall be deemed "delivered" on the date of confirmed transmission to the fax number designated in the AFSA. Notices by mail shall be deemed delivered on the date deposited with the United States Postal Service, postage prepaid, addressed to the party at the Billing Address specified in the Summary. 15. ExECUrtoN, BINDING EFFECT. THIS AGREEMENT SHALL BECOME BINDING UPON AVFUEL ONLY AFTER IT HAS BEEN EXECUTED BY A DULY AUTHORIZED OFFICER OF AVFUEL IN ANN ARBOR, MICHIGAN. Extensions of credit prior to signing by AVFUEL as herein stipulated shall in no case be construed as a waiver by AVFUEL of this requirement, but any extension of credit shall be deemed to have been made under the terms and provisions hereof. When duly executed, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their permitted successors and assigns. The person executing this Agreement on behalf of Customer warrants that he/she has actual authority to do so. 16. GOVERNBJG LAW. Except as otherwise provided in Section 10, this Agreement and all rights and obligations under it shall be governed by the laws of the State of Michigan. All claims arising hereunder shall be brought either in Michigan or in the State specified for the Billing Address of the Customer, and jurisdiction shall lie in either place. 17. SEVERABILITY. In the event that any court of competent jurisdiction shall determine that any provision of this Agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect 18. GUARANTY OF PAYMENT. To induce AVFUEL to extend credit to Customer and to supply the aviation fuel, other products (if any) and other services described in the AFSA and any "Supplementary Agreement" to the AFSA, the person(s) signing as guarantor(s) on the Summary Page, jointly and severally, guaranty the payment, when due, to AVFUEL of all amounis now or hereafter due pursuant to this Agreement, the AFSA or any Supplementary Agreement. The guarantor(s) waive(s) notice of acceptance of this Guaranty, notice of obligations or indebtedness as they may be incurred, notice of default by Customer, notice of any extensions in time of payment, and all other notices to which the guarantor(s) might otherwise be entitled by law. The guarantor(s) further waive(s) notice of presentment or demand and agree(s) to pay all amounts due and owing by Customer upon AVFUEL's demand without requiring any action or proceeding against Customer. This shall be construed as a continuing guaranty and shall not be revoked by the death of any of the guarantors but shall remain in full force and effect until the guarantor(s) or the personal representatives of the guarantor(s) shall have given notice in writing to extend no further credit on the security of this guaranty. Guarantor(s) hereby authorize(s) AVFUEL to make such credit investigation as necessary to satisfy itself as to the credit worthiness of guarantor(s) and agree(s) to provide periodic statements of financial condition to AVFUEL. Guarantor(s) agree(s) to pay all actual attorney's fees and court costs incurred by AVFUEL in seeking enforcement of its rights under this Guaranty. 19. ENrmEnv of AGREEMENT. This Agreement, together with the AFSA and any Supplementary Agreement referenced in the AFSA, contains the entire agreement between the parties hereto and there are no other arrangements, agreements, promises or warranties, oral or written, express or implied, affecting it or the subject matters hereof. No change in, addition to, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties hereto. This Agreement terminates and supersedes, as of the Effective Date stated in the Summary, any prior contract between the parties dealing with the same or similar subject matter. Nothing herein shall be construed as terminating any right to receive any payments which had accrued prior to the Effective Date stated in the Summary. Please Initial Page 3 of 3 • AVFUEL CORPORATION • CUSTOMER CREDIT AGREEMENT SUMMARY OF TERMS Customer: City of Fayetteville Address: 4500 South School Avenue, Suite F, Fayetteville, AR 72701 Aviation Fuel Supply Agreement ("AFSA") dated September 27, 2001 Credit Limit: Twenty thousand Dollars ($20,000) Payment Due Date One Percent (1%) ten (10), Net Thirty (30) days after delivery. CUSTOMER: CITY OF FAYETTEVILLE AVFUEL CORPORATION By: By: customer signature Its: Its: title GUARANTOR(S): (Principal Owners Signature) (Spouse's Signature) (Print Name & Social Security #) (Print Name & Social Security #) The reference date of this Agreement is September 27, 2001; The effective date is such date or TERMS AND CONDITIONS I. BUSINESS PURPOSE. The Customer, in the course of its business of buying and selling aviation fuels and related products and services, will purchase fuels and other products from AVFUEL under the AFSA which is referenced in the Summary. Under the AFSA, unless otherwise agreed, the Customer must pay for aviation fuel and other products at or in advance of the date of delivery. Based upon the warranties and commitments made by the Customer in this Agreement, AVFUEL agrees to extend credit to the Customer for purchases under the AFSA upon the terms and subject to the limitations contained in this Agreement. 2. OPEN ACCOUNT CREDIT/RESTRICTIONS. AVFUEL hereby agrees to extend to Customer a line of purchase money credit upon open account, subject to the following restrictions: 2.1 The credit may be used only for the purpose of aviation fuel and other products from AVFUEL under the AFSA. 2.2 The total credit available to Customer shall be limited to the Credit Limit stated in the Summary and Customer shall have no right to . charge any amount to said account which, when added to the total indebtedness of Customer to AVFUEL outstanding as of the date thereof, would cause the total indebtedness to AVFUEL outstanding immediately after such charge to exceed the Credit Limit. The Credit Limit may be changed by AVFUEL at any time for any reason upon written notice to the Customer. 2.3 The credit may not be used during any period in which the Customer is in default. For such purposes, the Customer will be in default if any amount charged to the Customer's account is not paid on or before its due date; if and for so long as the Customer is in breach of any of its obligations under the AFSA or under any "Supplementary Agreement" referenced in the AFSA; if AVFUEL determines that there is any misrepresentation or breach of warranty by the Customer under or with respect to this Agreement, the AFSA or any such "Supplementary Agreement' or if AVFUEL reasonably deems itself insecure as to the ability of the Customer to pay its account. 3. TERMINATION/SURVIvAL. This Agreement shall continue in effect until terminated by either AVFUEL or Customer. Either party may terminate this Agreement at any time for any reason or for no reason by notice to the other party. From and after the date of termination, Customer shall have no right to charge new purchases to its account and AVFUEL shall have no obligation to accept' new charges to Customer's account, but the respective rights, duties and obligations of the parties with respect to any charges made by Customer and accepted by AVFUEL, including Customers obligation to pay all sums outstanding on said account, and AVFUEL's remedies for the breach or enforcement of this Agreement and all rights of AVFUEL in any collateral securing payment of the indebtedness, shall survive such termination and continue in full effect until such time as all indebtedness of Customer to AVFUEL shall have been paid in full. The termination of the AFSA, by expiration or otherwise, shall excuse notice of termination under this Agreement and shall automatically terminate this Agreement unless a new or renewal AFSA shall have taken effect between the parties. Termination of this Agreement shall not automatically terminate the AFSA. If AVFUEL, intentionally or unintentionally, permits any purchases on credit after automatic termination as defined above, then the terms of this Agreement pertain to those charges. Page 1 of 3 4. CHARGES TO CUSTOMER'S ACCOUNT. Subjecfto the approval by AVFUEL at its offices in Michigan, l purchases by Customer for which payment is not received by AVFUEL at or prior to the time of delivery to Customer shall be charged as principal to Customers account. AVFUEL may require Customer or Customers authorized representative, as a condition of delivery or at any time thereafter, to give receipt for,all deliveries in writing and to sign sales slips and other documents in AVFUEL's opinion necessary to record or substantiate any or all transactions resulting in a charge to Customer's account. 5. PAYMENT TERMS. Payment for each and every purchase money charge to Customer's account shall be payable in full on or before the Payment Due Date specified in the Summary. AVFUEL will invoice Customer separately for each delivery. Unless otherwise determined by AVFUEL in its discretion, all payments received will be applied by AVFUEL (subject to collection of remittance if other than cash) first to interest, if any accrued on Customer's account, then to the unpaid principal balance owed upon such account in direct calendar order of due date. Customer agrees to pay to AVFUEL upon demand a fee of 535.00, added to principal, for each check, draft or other form of remittance which is not honored by the drawee upon due presentment by AVFUEL or its agents. ( ANVIL ` S_l 4.' J� sw _v/ - .�S�S • 6. INTEREST ON PAST DUE' CH S. Any amount charged` to Customer's account which is not paid on or before the Payment Due Date specified in the Summary shall bear intere ntil paid the highest rate which may lawfully be contracted for, charged and received according to applicable la of withstanding anything in this Agreement to the contrary, Customer shall never be obligated to pay and AVFUEL shall never be entitled to receive any interest upon any indebtedness incurred by Customer pursuant hereto in excess of the maximum contract rate of interest authorized by applicable law, and it is expressly understood and agreed that if AVFUEL shall render any charge for the payment of usurious interest, such charge shall be automatically and unconditionally reduced to the maximum nonusurious amount, and the excess if paid shall be applied as a credit to Customers account. If such application results in a credit balance in Customers said account, such balance shall be refunded to Customer or applied to the next due amount in such account. 7. SEr OFF FOR PAST DUE CHARGES. If any amount charged to a Customer's account is not paid on or before the Payment Due Date, then AVFUEL, by written notice to the Customer, may apply against that past due charge any amounts payable by AVFUEL to the Customer, to any guarantor of the Customer's obligations under this Agreement or to any affiliate entity that owns, is owned by or is under common ownership with the Customer. The Customer confirms that it is authorized to make this commitment with respect to amounts owed by AVFUEL to such guarantors and affiliate entities. S. COLLECTION COSTS. If Customer fails to pay any amount owing on Customer's account when due, and said account is placed in the hands of an attomcy or other agent for collection or if collection action is taken through proceedings in any court, Customer agrees to pay as additional principal of said account, upon demand, AVFUEL's reasonable cost of collection, including but not limited to attorney's and agent's reasonable fees. 9. STATEMENTS. AVFUEL may send Customer a statement of Customer's account each month for Customer's information showing in summary or in such detail as AVFUEL may deem appropriate current transactions AVFUEL posted to Customers account to date thereof, the amount of interest (if any) which has accrued, and the balance owing thereon; however, the failure of AVFUEL to furnish any such statement shall not relieve Customer of the obligation to make payment when due in accordance with the other terms of this Agreement. Customer agrees to review all statements promptly after receipt, and shall have ten (10) days from date of receipt to notify AVFUEL in writing of any discrepancies. Ent t. 10. SECURITY INTEREST. For the purpose of securing a payment of all indebtedness of Customer to AVFUEL from time to time outstanding (including, without limitation, any amounts due under this Agreement, the AFSA, any "Supplementary Agreement" referenced in the AFSA, or any other agreement or instrument between AVFUEL and the Customer) grants to AVFUEL a security interest and first priority lien, in and to all of Customers inventory of aviation fuels and other products of similar type or description as are purchased from AVFUEL, and all accounts, contract rights and other proceeds from such inventory, whether now owned or hereafter acquired. If for so long as the AFSA is in effect, all of Customer's inventory of aviation fuels will be presumed to be merchandise purchased pursuant to the AFSA and subject to the purchase money security interest granted by this Agreement. Customer agrees to execute all financing statements and other instruments which AVFUEL may reasonably require in order to create, perfect and continue in force said security interest and first priority lien. Customer authorizes AVFUEL to file a true copy of this Agreement in lieu of any financial statement. Customer further authorizes to AVFUEL and its agents the right, in case of default by Customer under this Agreement, to gain entry by any peaceful means upon any premises of the Customer where the collateral or any portion thereof may be situated, and to remove and repossess the same for disposition by AVFUEL. The rights and obligations of AVFUEL and the Customer under and with respect to the security interest and first priority lien created by this Section shall be interpreted in accordance with the Uniform Commercial Code in effect in the state of the Billing Address of the Customer as stated in the Summary. I I. WAIVER OF DEFAULT. No waiver by AVFUEL of any default by Customer hereunder shall constitute a waiver of any other default, whether of similar or dissimilar nature, and no waiver of any default shall be deemed consent to the continuation of such default, and the forbearance or failure by AVFUEL to exercise any remedy with respect to any default shall not prevent or in any wise impair the exercise of such right or remedy by AVFUEL with respect to the same or any other or subsequent default. Please Initial Pace 2 of 3 • 1 12. FINANCIAL INFORMATION. The Customer agrees to provide to AVFUEL, within ten (10) days atter AVFUEL's written request for same, such financial statements and tax retums of the Customer as AVFUEL may specify. The Customer further agrees to notify AVFUEL immediately in writing of any substantially adverse change in the Customer's financial condition. 13. ASSIGNMENT. The Customer shall not assign its rights or delegate its obligations under this Agreement, in whole or in part, unless with the prior written consent of AVFUEL. If the Customer is a business entity (as distinguished from an individual functioning as a proprietor), any transfer of any controlling interest in such entity shall be deemed an assignment requiring the consent of AVFUEL. 14. NOTICES All notices permitted or required under this Agreement shall be in writing. Notices by fax shall be deemed "delivered" on the date of confirmed transmission to the fax number designated in the AFSA. Notices by mail shall be deemed delivered on the date deposited with the United Stales Postal Service, postage prepaid, addressed to the party at the Billing Address specified in the Summary. 15. EXECUTION, BINDING EFrecr. THIS AGREEMENT SHALL BECOME BINDING UPON AVFUEL ONLY AFTER IT HAS BEEN EXECUTED BY A DULY AUTHORIZED OFFICER OF AVFUEL IN ANN ARBOR, MICHIGAN. Extensions of credit prior to signing by AVFUEL as herein stipulated shall in no case be construed as a waiver by AVFUEL of this requirement, but any extension of credit shall be deemed to have been made under the terms and provisions hereof. When duly executed, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their permitted successors and assigns. The person executing this Agreement on behalf of Customer warrants that he/she has actual authority to do so. 16. GOVERNING LAW. Except as otherwise provided in Section 10, this Agreement and all rights and obligations under it shall be governed by the laws of the State of Michigan. All claims arising hereunder shall be brought either in Michigan or in the State specified for the Billing Address of the Customer, and jurisdiction shall Vie in sirlwrylaco— kJ". vvh s GS 17. SEVERABILITY. In the event that any court of competent jurisdiction shall determine that any provision of this Agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 18. GUARANTY OF PAYMENT. To induce AVFUEL to extend credit to Customer and to supply the aviation fuel, other products (if any) and other services described in the AFSA and any "Supplementary Agreement" to the AFSA, the person(s) signing as guarantor(s) on the Summary Page, jointly and severally, guaranty the payment, when due, to AVFUEL of all amounts now or hereafter due pursuant to this Agreement, the AFSA or any Supplementary Agreement. The guarantor(s) waive(s) notice of acceptance of this Guaranty, notice of obligations or indebtedness as they may be incurred, notice of default by Customer, notice of any extensions in time of payment, and all other notices to which the guarantor(s) might otherwise be entitled by law. The guarantor(s) further waive(s) notice of presentment or demand and agree(s) to pay all amounts due and owing by Customer upon AVFUEL's demand without requiring any action or proceeding against Customer. This shall be construed as a continuing guaranty and shall not be revoked by the death of any of the guarantors but shall remain in full force and effect until the guarantor(s) or the personal representatives of the guarantor(s) shall have given notice in writing to extend no further credit on the security of this guaranty. Guarantor(s) hereby authorize(s) AVFUEL to make such credit investigation as necessary to satisfy itself as to the credit worthiness of guarantor(s) and agree(s) to provide periodic statements of financial condition to AVFUEL. Guarantor(s) agree(s) to pay all actual attomey's fees and court costs incurred by AVFUEL in seeking enforcement of its rights under this Guaranty. 19. ENTIRETY OF AGREEMENT. This Agreement, together with the AFSA and any Supplementary Agreement referenced in the AFSA, contains the entire agreement between the panics hereto and there are no other arrangements, agreements, promises or warranties, oral or written, express or implied, affecting it or the subject matters hereof. No change in, addition to, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties hereto. This Agreement terminates and supersedes, as of the Effective Date stated in the Summary, any prior contract between the parties dealing with the same or similar subject matter. Nothing herein shall be construed as terminating any right to receive any payments which had accrued prior to the Effective Date stated in the Summary. Please Initial Page 3 of 3 • • AVFUEL CORPORATION • CUSTOMER CREDIT AGREEMENT SUMMARY OF TERMS RIS, lµ7-o�-6 Customer: City of Fayetteville Address: 4500 South School Avenue, Suite F, Fayetteville, AR 72701 Aviation Fuel Supply Agreement ("AFSA") dated September 27 2001 Credit Limit: Twenty thousand Dollars ($20,000) Payment Due Date One Percent (1"/s) ten (10), Net Thirty (30) days after delivery. CUSTOMER: CITY OF FAYETTEVILLE By customer signature Its: '1 title GUARANI -011(S): (Principal Owners Signature) (Print Name & Social Security #) AVFUEL CORPORATION Its: WILLIAM B. LIGHT • 1 , 1 RATION (Spouse's Signature) (Print Name & Social Security #) The reference date of this Agreement is September 27, 2001; The effective date is such date or TERMS AND CONDITIONS L I3uSINESS PURPosE. The Customer, in the course of its business of buying and selling aviation fuels and related products and services, will purchase fuels and other products from AVFUEL under the AFSA which is referenced in the Summary. Under the AFSA, unless otherwise agreed, the Customer must pay for aviation fuel and other products at or in advance of the date of delivery. Based upon the warranties and commitments made by the Customer in this Agreement, AVFUEL agrees to extend credit to the Customer for purchases under the AFSA upon the terms and subject to the limitations contained in this Agreement. 2. OPEN ACCOUNT CREDIT/REsrRtcnoNs. AVFUEL hereby agrees to extend to Customer a line of purchase money credit upon open account, subject to the following restrictions: 2.1 The credit may be used only for the purpose of aviation fuel and other products from AVFUEL under thc AFSA. 2.2 The total credit available to Customer shall be limited to the Credit Limit stated in the Summary and Customer shall have no right to charge any amount to said account which, when added to the total indebtedness of Customer to AVFUEL outstanding as of the date thereof, would cause the total indebtedness to AVFUEL outstanding immediately atter such charge to exceed thc Credit Limit. The Credit Limit may be changed by AVFUEL at any time for any reason upon written notice to the Customer. 2.3 The credit may not be used during any period in which the Customer is in default. For such purposes, the Customer will be in default if any amount charged to the Customer's account is not paid on or before its duc date; if and for so long as thc Customer is in breach of any of its obligations under the AFSA or under any "Supplementary Agreement" referenced in the AFSA; if AVFUEL determines that there is any misrepresentation or breach of warranty by the Customer under or with respect to this Agreement, the AFSA or any such "Supplementary Agreement"; or if AVFUEL reasonably deems itself insecure as to the ability of the Customer to pay its account. 3. TERMINATION/SURVIVAL. This Agreement shall continue in effect until terminated by either AVFUEL or Customer. Either party may temminatc this Agreement at any time for any reason or for no reason by notice to the other party. From and after the date of termination, Customer shall have no right to charge new purchases to its account and AVFUEL shall have no obligation to accept new charges to Customers account, but the respective rights, duties and obligations of the parties with respect to any charges made by Customer and accepted by AVFUEL, including Customer's obligation to pay all sums outstanding on said account, and AVFUEL's remedies for the breach or enforcement of this Agrccmcnt and all rights of AVFUEL in any collateral securing payment of the indebtedness, shall survive such termination and continue in full effect until such time as all indebtedness of Customer to AVFUEL shall have been paid in full. The termination of the AFSA, by expiration or otherwise, shall excuse notice of termination under this Agreement and shall automatically terminate this Agreement unless a new or renewal AFSA shall have taken effect between the parties. Termination of this Agreement shall not automatically terminate the AFSA. If AVFUEL, intentionally or unintentionally, pcmmits any purchases on credit after automatic temrination as defined above, then thc terms of this Agreement pertain to those charges. Pace 1 of 3 g85 . /'1.7-01- 8 4. CIInRGEs To CUSTOMER'S ACCOUNT. Sit to the approval by AVFUEL at its offices in Mich all purchases by Customer for which payment is not received by AVFUEL at or prior to the time of delivery to Customer shall be charged as principal to Customer's account. AVFUEL may require Customer or Customers authorized representative, as a condition of delivery or at any time thereafter, to give receipt for all deliveries in writing and to sign sales slips and other documents in AVFUEL's opinion necessary to record or substantiate any or all transactions resulting in a charge to Customer's account. 5. PAYMIiNr TERMS. Payment for each and every purchase money charge to Customer's account shall be payable in full on or before the Payment Due Date specified in the Summary. AVFUEL will invoice Customer separately for each delivery. Unless otherwise determined by AVFUEL in its discretion, all payments received will be applied by AVFUEL (subject to collection of remittance if other than cash) first to interest, if any, accrued on Customer's account, then to the unpaid principal balance owed upon such account in direct calendar order of due date. Customer agrees to pay to AVFUEL upon demand a fee of 535.00, added to principal, for each check, draft or other form of remittance which is not honored by the drawee upon due presentment by AVFUEL or its agents. 6. Im'ERLST ON PAST DUE CIIARGES. Any amount charged to Customer's account which is not paid on or before the Payment Due Date specified in the Summary shall bear interest until paid at the lower of Ig% per annum or the highest rate which may lawfully be contracted for, charged and received according to applicable law. Not withstanding anything in this Agreement to the contrary, Customer shall never be obligated to pay and AVFUEL shall never be entitled to receive any interest upon any indebtedness incurred by Customer pursuant hereto in excess of the maximum contract rate of interest authorized by applicable law, and it is expressly understood and agreed that if AVFUEL shall render any charge for the payment of usurious interest, such charge shall be automatically and unconditionally reduced to the maximum nonusurious amount, and the excess if paid shall be applied as a credit to Customer's account. If such application results in a credit balance in Customer's said account, such balance shall be refunded to Customer or applied to the next due amount in such account. 7. SET OH Fou PAST Due CHARGES. If any amount charged to a Customer's account is not paid on or before the Payment Due Date, then AVFUEL, by written notice to the Customer, may apply against that past due charge any amounts payable by AVFUEL to the Customer, to any guarantor of the Customer's obligations under this Agreement or to any affiliate entity that owns, is owned by or is under common ownership with the Customer. The Customer confirms that it is authorized to make this commitment with respect to amounts owed by AVFUEL to such guarantors and affiliate entities. S. COLLECTION Costs. If Customer fails to pay any amount owing on Customer's account when due, and said account is placed in the hands of an attorney or other agent for collection or if collection action is taken through proceedings in any court, Customer agrees to pay as additional principal of said account, upon demand, AVFUEL's reasonable cost of collection, including but not limited to attorney's and agent's reasonable fees. 9. Sr,rrenII NTS. A VFUEL may send Customer a statement of Customer's account each month for Customer's information showing in summary or in such detail as AVFUEL may deem appropriate current transactions AVFUEL posted to Customer's account to date thereof, the amount of interest (if any) which has accrued, and the balance owing thereon; however, the failure of AVFUEL to furnish any such statement shall not relieve Customer of the obligation to make payment when due in accordance with the other terms of this Agreement. Customer agrees to review all statements promptly after receipt, and shall have ten (10) days from date of receipt to notify AVFUEL in writing of any discrepancies. If no such notice is given, such statement shall be conclusively presumed correct. 10. SECURITY INTEREST. For the purpose of securing a payment of all indebtedness of Customer to AVFUEL from time to time outstanding (including, without limitation, any amounts due under this Agreement, the AFSA, any "Supplementary Agreement" referenced in the AFSA, or any other agreement or instrument between AVFUEL and the Customer) grants to AVFUEL a security interest and first priority lien, in and to all of Customer's inventory of aviation fuels and other products of similar type or description as are purchased from AVFUEL, and all accounts, contract rights and other proceeds from such inventory, wheeler now owned or hereafter acquired. If for so long as the AFSA is in effect, all of Customer's inventory of aviation fuels will be presumed to be merchandise purchased pursuant to the AFSA and subject to the purchase money security interest granted by this Agreement. Customer agrees to execute all financing statements and other instruments which AVFUEL may reasonably require in order to create, perfect and continue in force said security interest and first priority lien. Customer authorizes AVFUEL to file a true copy of this Agreement in lieu of any financial statement. Customer further authorizes to AVFUEL and its agents the right, in case of default by Customer under this Agreement, to gain entry by any peaceful means upon any premises of the Customer where the collateral or any portion thereof may be situated, and to remove and repossess the same for disposition by AVFUEL. The rights and obligations of AVFUEL and the Customer under and with respect to the security interest and first priority lien created by this Section shall be interpreted in accordance with the Uniform Commercial Code in effect in the state of the Billing Address of the Customer as stated in the Summary. 11. \VAIvrR of Dr:FAucr. No waiver by AVFUEL of any default by Customer hereunder shall constitute a waiver of any other default, whether of similar or dissimilar nature, and no waiver of any default shall be deemed consent to the continuation of such default, and the forbearance or failure by AVFUEL to exercise any remedy with respect to any default shall not prevent or in any wise impair the exercise of such right or remedy by AVFUEL with respect to the sane or any othcr or subsequent default. Please Initial Page 2of3 • • R0.147.01-8 12. FINANCIAL. INFORMATION. The Customer agrees to provide to AVFUEL, within ten (10) days after AVFUEL's written request for same, such financial statements and tax returns of the Customer as AVFUEL may specify. The Customer further agrees to notify AVFUEL immediately in writing of any substantially adverse change in the Customers financial condition. 13. ASSIGNMENT. The Customer shall not assign its rights or delegate its obligations under this Agreement, in whole or in part, unless with the prior written consent of AVFUEL. If the Customer is a business entity (as distinguished from an individual functioning as a proprietor), any transfer of any controlling interest in such entity shall be deemed an assignment requiring the consent of AVFUEL. 14. Notices. All notices permitted or required under this Agrcemcnt shall be in writing. Notices by fax shall be deemed "delivered" on the date of confined transmission to the fax number designated in the AFSA. Notices by mail shall be deemed delivered on the date deposited with the United States Postal Service, postage prepaid, addressed to the party at the Billing Address specified in the Summary. 15. EXECUTION, BINDING EFFECT. THIS AGREEMENT SHALL BECOME BINDING UPON AVFUEL ONLY AFTER IT HAS BEEN EXECUTED BY A DULY AUTHORIZED OFFICER OF AVFUEL IN ANN ARBOR, MICHIGAN. Extensions of credit prior to signing by AVFUEL as herein stipulated shall in no case be construed as a waiver by AVFUEL of this requirement, but any extension of credit shall be deemed to have been made under the terms and provisions hereof. When duly executed, this Agreement shall be binding upon and shall inure to the b:nefit of the panics hereto, their permitted successors and assigns. The person executing this Agreement on behalf of Customer warrants that he/she has actual authority to do so. 16. GOVERNING LAW. Except as otherwise provided in Section 10, this Agreement and all rights and obligations under it shall be governed by the laws of the State of Michigan. All claims arising hereunder shall be brought either in Michigan or in the State specified for the Billing Address of the Customer, and jurisdiction shall lie in either place. 17. SEVERAnILITY. In the event that any court of competent jurisdiction shall determine that any provision of this Agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. IS. GUARANTY OF PAYMENT. To induce AVFUEL to extend credit to Customer and to supply the aviation fuel, other piudacts (if any) and other services described in the AFSA and any "Supplementary Agreement" to the AFSA, the person(s) signing as guarantor(s) on the Summary Page, jointly and severally, guaranty the payment, when due, to AVFUEL of all amounts now or hereafter due pursuant to this Agreement, the AFSA or any Supplementary Agreement. The guarantor(s) waive(s) notice of acceptance of this Guaranty, notice of obligations or indebtedness as thcy niay be incurred, notice of default by Customer, notice of any extensions in time of payment, and all other notices to which the guarantor(s) might otherwise be entitled by law. The guarantor(s) further waive(s) notice of presentment or demand and agree(s) to pay all amounts due and owing by Customer upon AVFUEL's demand without requiring any action or proceeding against Customer. This shall be construed as a continuing guaranty and shall not be revoked by the death of any of the guarantors but shall remain in full force and effect until thc guarantor(s) or the personal representatives of thc guarantor(s) shall have given notice in writing to extend no further credit on the security of this guaranty. Guarantor(s) hereby authorize(s) AVFUEL to stake such credit investigation as necessary to satisfy itself as to the credit worthiness of guarantor(s) and agree(s) to provide periodic statements of financial condition to AVFUEL. Guarantor(s) agree(s) to pay all actual attorney's fees and court costs incurred by AVFUEL in seeking enforcement of its rights under this Guaranty. 19. ENrIRLrY or AGREEMENT. This Agreement, together with the AFSA and any Supplementary Agreement referenced in the AFSA, contains the entire agreement between the parties hereto and there are no other arrangements, agreements, promises or warranties, oral or written, express or implied, affecting it or the subject matters hereof. No change in, addition to, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties hereto. This Agreement terminates and supersedes, as of Effective Date stated in the Summary, any prior contract between the parties dealing with the sante or similar subject shatter. Nothing herein shall be construed as terminating any right to receive any payments which had accrued prior to the Effective Date stated in the Summary. Please Initial Page 3 of 3 ADDENDUM to the AVIATION FUEL SUPPLY AGREEMENT between AVFUEL CORPORATION and THE CITY OF FAYETTEVILLE, AR The following is incorporated and made part of the above-named agreement with a reference date of September 28, 2001. Section 2. Term: Replace the paragraph with "The term of this agreement shall be three (3) years, commencing on the Effective Date stated in the Summary." AVFUEL CORPORATION THE CITY OF FAYETTEVILLE, AR By: By: Its: Its: c4itaxoli Date: Date: A0/49 /O / Contracts/Templates/PSI Addendum (Performance -2) 4-00 • • ADDENDUM to the AVIATION FUEL SUPPLY AGREEMENT between AVFUEL CORPORATION and THE CITY OF FAYETTEVILLE, AR The following is incorporated and made part of the above-named agreement with a reference date of September 28, 2001. Section 2. Term: 4tS\.. \ yeaV Replace the paragraph with "The term of this agreement shall be throe (3) yoars, commencing on the Effective Date stated in the Summary." wOck . Hc, new.l OrkA0lel sAAN AVFUEL CORPORATION THE CITY OF FAYETTEVILLE, AR w By: By: Its: Its: Date. Date: Contracts/Templates/PSI Addendum (Performance -2) 4-00 • • Rt5.147-01-8 ADDENDUM to the AVIATION FUEL SUPPLY AGREEMENT between AVFUEL CORPORATION and THE CITY OF FAYETTEVILLE, AR The following is incorporated and made part of the above-named agreement with a reference date of September 28, 2001. Section 2. Term: Replace the paragraph with "The term of this agreement shall be three (3) years, commencing on the Effective Date stated in the Summary." AVFUEL CORPORATION THE CITY OF FAYETTEVILLE, AR By /*ZvPZ.e.,7441- its: Date: WILLIAM B. LIGHT VICE PRESIDEN 1, MDMINICTRATION /-32- By: Its: '422a-,6( WV/)/ Date: ContractslTemplates/FS 1 Addendum (Performance -2) 4-00 • • AVFUEL CORPORATION AWATION FUEL SUPPLY AGREEMENT SUMMARY OF TERMS AND CONDITIONS A. GENERAL INFORMATION: Customer (full legal name): city of Fayetteville, The Customer is a: Corporation (type) _ State _ Partnership _ State _• Sole Owner/Proprietorship Federal Employer Identification Number: Billing Address: 4500 South School Ave., Suite 7, Fayetteville, AR 72701 Shipping Address: 4500 South School Ave., Suite 7, Fayetteville, AR 72701 PRODUCTS: Estimated - Estimated Annual Annual Ouantity Ouantity Avgas 80 Jet A w/additive Avgas.100 JP8 Jet A Other As. fl%Ol4 APPLICABLE SUPPLEMENTARY AGREEMENTS ATTACHED AND/OR INCORPORATED HEREIN: Brand Program: Credit Card Program: Refueler/Equipment Lease: Credit Agreement: Other: D. LIABILITY INSURANCE CARRIER: (certificates naming A VFUEL as an additional insured must be attached): The terms and conditions governing the sale of aviation fuel products ("Products") and other services are set forth above and on the following pages, which are made a part of this Agreement. The reference date of this Agreement is September 28, 2001. The effective date is such date or CUSTOM By: Its: —4291 Signature llgt' 1 Cocr7/ 41141 O v Print Ie / itle Fax Number: Sol - 51,r- (8257 AVFUEL CO OR By: Its: WILI IAM R LIGHT VICE PRESIDENT, ADMINISTRATION Fax Number: The undersigned hereby guarantee(s) payment and performance of this Agreement by Customer as provided in Section 20 hereof: By: Social Security: Customer's Initials Revised 11/96 Form FSI Page I of 5