270 Legal [Sample Agreements]

AMENDED AND RESTATED FUEL NETWORK AFFILIATION AGREEMENT

This Amended and Restated Fuel Network Affiliation Agreement (this “Agreement”) is entered into as of this 30th day of September, 2005 by and between Simons Petroleum, Inc., an Oklahoma corporation, with its principal place of business at 1120 N.W. 63rd, Suite 300, Oklahoma City, Oklahoma 73116 (“Supplier”), and TA Operating Corporation, a Delaware corporation, with its principal place of business at 24601 Center Ridge Road, Suite 200, Westlake, Ohio 44145 (“Retailer”).

WHEREAS, Retailer operates a number of truckstop locations specializing in the sale of fuel and related items; and

WHEREAS, Supplier sells fuel and related services to truckstop customers pursuant to the Fuel Supply Plan (see definition below); and

WHEREAS, Retailer and Supplier are parties to that certain Fuel Network Affiliation Agreement dated December 28, 1994, as amended by the First Addendum to Fuel Network Affiliation Agreement effective January 1, 1998, and the Second Addendum to Fuel Network Affiliation Agreement executed January 16, 2004 (collectively, the “Existing Agreement”) and desire to amend and supplement various terms and provisions of the Existing Agreement;

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2. Affiliation.
(a) Except as expressly provided otherwise herein, Supplier hereby agrees to deliver and sell fuel to Retailer and to purchase fuel from Retailer associated with Supplier’s Pathway Network Customers pursuant to this Agreement and otherwise affiliate with Retailer pursuant to all of the provisions of this Agreement for all Retailer Operated locations and Retailer hereby agrees to accept and purchase fuel from Supplier and to sell fuel to Supplier associated with Supplier’s customers at all of its Retailer Operated locations pursuant to this Agreement and otherwise affiliate with Supplier pursuant to all of the provisions of this Agreement.
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