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NEO SO <br />NORTHEAST OHIO SOURCING OFFICE - BULK ROAD SALT PROGRAM (2007-2008) <br />SUMMARY OF KEY TERMS AND SERVICES <br />Bulk Road Salt Vendor Partner - North American Salt Company, 9900 W 109t' St, Suite 600, <br />Overland Pack, Kansas 66210 ("North American"). <br />Contract Term - August 1, 2007 to July 31, 2008. <br />Payment Terms - North American will invoice program participants directly at the time of each <br />shipment / delivery, and will also provide each program participant with monthly summary billing. <br />Payment terms are as follows: <br />• Net 30 days; or <br />• Net 15 days - a 1% discount for payment by electronic funds transfer ("EFT") within 15 <br />days of invoicing; or • Net 7 days - a 1.5% discount for payment by EFT within 7 days of invoicing. <br />Suspension of Deliveries - North American may suspend deliveries to any program participant if <br />that program participant is in breach of its payment obligation. The program participant wi{{ have <br />the right to cure the breach by making payment due in full and thereafter North American must <br />resume deliveries. <br />Product Quality and Warranties - NEOISO, Members, and Participants must notify North <br />American of any claim with respect to a defective product (which defect is visible upon reasonable <br />inspection) within five (5) business days after the Product is delivered or such claim is waived. <br />North American's products will: <br />• Be treated with an anti-caking agent in sufficient quantities to prevent caking; and <br />• Be delivered in a dry loose and free flowing condition to Member's or Participant's <br />delivery locations as specified in the purchase orders; and <br />• Be inspected by Members or Participants upon delivery and if wet, caked, or <br />containing foreign material will be rejected at no cost to the Member or Participant <br />(Each delivery is subject to random testing for compliance. This testing will be at the <br />discretion of the orde(ng Member or Participant.); and <br />• Will be delivered to Member's or ParticipanYs specified locations in 22-25 ton "end <br />dump" trucks with a minimum order of 22 tons; and <br />Senrices / Values - North American's offering of the products to Members and Participants in <br />connection with this offering will include the following services and will be provided in accordance with <br />the following: <br />• Delivery Terms and Liquidated Damages - Orders will be delivered as follows: <br />Orders of 200 tons or less for a Member or Participant will be delivered within three (3) <br />days of the order date or the scheduled delivery date, whichever is later. Liquidated <br />damages will be assessed beginning day four (4) after the order date (or one (1) day <br />after the scheduled delivery date, if later than the order date) and will be calculated as <br />the additional cost incurred by the Member or Participant for replacement of the late <br />product. <br />Northeaat Ohio Sourcing Of&ce 4829 Galaxy Parkway $uire A p ? 216.839.1500 <br />www.neoso.org Cleveland, OH 44128 f ? 216.503.4247 Q,;!?"