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Schedule of vehicles and terms[1]

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Schedule of vehicles and terms: fuel agreement; charges and adjustments. Vehicle Number In Service Date Year, Make & Model Serial Number GCW/GVW Lbs. Term in Yrs. Agreed Value $ Fixed Weekly Charge $ Mileage/Hourly Charge $ Interim Vehicle Charge (without fuel) I. Fuel: Fuel necessary to operate the vehicle(s) will be provided by _________. When Lessor provides fuel, the cost is included in the Mileage Charge at $_____ per gallon and the refrigeration Hourly Charge at $_____ per gallon, as applicable. Customer will pay the cost of fuel in excess of $_____ per gallon (whether purchased at Lessor's location or from third parties). Customer will provide fuel necessary to operate any extra vehicles. Fuel miles per gallon are guaranteed by Lessor to be not less than _________. If Lessor provides fuel, Lessor will refund or credit cost savings for overachievement and absorb additional costs for underachievement. If Customer provides fuel, Lessor will refund or credit Customer's documented costs for underachievement. All calculations will be made annually in the aggregate for all like vehicles listed on this Schedule "A" and any refund or credit will be made within 90 days of the anniversary date of the first vehicle in service, subject to adjustments for applicable billings received by Lessor after the settlement date. Mileage and fuel for like substitute vehicles (but not interim or extras) will be included in the calculation of the miles per gallon achieved. Unauthorized modification to, or overloading of any vehicle may void the miles per gallon guarantee. When Lessor provides a miles per gallon guarantee and Customer provides fuel tax reporting, Customer agrees to provide Lessor with copies of all fuel tickets, and any other records Lessor may request for computation of miles per gallon achievement. II. Insurance: _________ provides liability insurance. _________ provides physical damage insurance. If insurance coverage is provided by Lessor, the amount(s) included in the Fixed Weekly Charge or Mileage/Hourly Charge is $_____ per week, per vehicle, for liability and $_____ per week, per vehicle, for physical damage insurance. The Fixed Weekly Charge or Mileage/Hourly Charge will be adjusted annually to cover any change in the cost of insurance. III. Fuel Tax Reporting: _________ provides fuel tax permitting and reporting. If Lessor provides, an allowance of $_____ per state, per vehicle, per year, is included in the Fixed Weekly Charge or Mileage/Hourly Charge. Customer will pay an additional allowance of $_____ per state, per vehicle, per year for expansion into states not listed in this Schedule. Customer will pay any excesses over the stated allowances for each state. IV. Other Allowances: The following allowances are included in the Fixed Weekly Charge or Mileage/Hourly Charge for each vehicle: a. Registration fees per year are $_____, including base plate, proration and/or reciprocity permits. b. Federal Highway use tax fee per year is $_____. c. Personal property, excise or ad valorem tax average annual charge is $_____, allocated by year as follows: Year 1 $_____, 2 $_____, 3 $_____, 4 $_____, 5 $_____, 6 $_____. The difference between what is included in the annual charges shown in this paragraph IV and Lessor's actual cost will be billed or credited to Customer. V. Lease Charge Adjustments: The stated portions of the lease charges subject to adjustment for each vehicle will be $_____ of the Fixed Weekly Charge, $_____ of the Mileage Charge and $_____ of the refrigeration Hourly Charge, as applicable. If Customer guarantees annual mileage, the stated portions subject to adjustment will be $_____ of the Mileage Charge, $_____ of the "over mileage" charge and $_____ of the "under mileage" charge. The price index to be used is the Consumer Price Index for All Urban Consumers (using a 1967 base period) with a base index of _________. VI. Guaranteed Annual Mileage: Customer guarantees an annual mileage of _________ per vehicle. Settlement will be made within 30 days of the anniversary of the In Service Date of the first delivered Schedule "A" vehicle. Lessor may invoice Customer for a weekly minimum charge of 1/52nd of the guaranteed annual mileage. "Under mileage" will be charged at $_____ per mile. "Over mileage" will be charged at $_____ per mile. Calculations of the mileage guarantee will be made in the aggregate for all like vehicles described in this Schedule "A". Mileage on substitute vehicles will be included in the guarantee but not mileage on extra or interim vehicles. In the event Customer does not achieve _________ miles in any 12 month period, Lessor will have the option to convert the guaranteed mileage charges to a Fixed Weekly Charge and Mileage/Hourly Charge equivalent to the applicable "Interim Vehicle Charge" (plus fuel as applicable) as adjusted according to Paragraph V. VII. Excess Annual Mileage: Customer estimates, or guarantees if so provided in paragraph VI, an annual mileage of _________ per vehicle. If the annual mileage is exceeded by 10% per vehicle (not including miles run on interim, substitute or extra vehicles), the Mileage/Hourly Charge may be adjusted upward by $_____ per mile for all miles in excess of the 10% allowance. VIII. Washing: External vehicle washing will be provided by _________. Customer will be responsible for cleaning the interior of the vehicle. IX. States of Operations: The vehicles will be operated in the following states and Canadian provinces: _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________, _________. X. Premature Cancellation Charge: If Customer terminates any Schedule "A" vehicle consistent with the Termination provision of the Agreement, or if the Agreement is terminated due to Customer's default, the unamortized expenses portion of the Premature Cancellation Charge will be computed by multiplying the Schedule "A" Agreed Value by the appropriate Premature Cancellation Percentage based on lease years completed at termination as shown below. Prorations will be made between years for additionally completed months in service, as applicable. The Premature Cancellation Percentage for vehicles not yet placed in service will be six percent. Premature Cancellation Percentage for termination upon completion of lease year: 1 _____%, 2 _____%, 3 _____%, 4 _____%, 5 _____%, 6 _____%. This Schedule "A" shall supercede Schedule "A" No. _________ dated _________. Effective _________ this Schedule "A" is made a part of the Truck Lease and Service Agreement dated _________ between the undersigned parties. Customer: _________ Lessor: _________ By: _________ By: _________ Name & Title: _________ Name & Title: _________
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