Terms and Conditions

Applicability
These General Terms and Conditions shall apply to and govern the dealings between Company and
Customer for all warehousing, storage, handling and logistics brokerage services and any Transaction-
Specific Provisions between Company and Customer to which these General Terms and Conditions are
attached or incorporated by reference. The General Terms and Conditions are electronically published
at https://paxind.com/pax-industries-general-terms-and-conditions_v2/, and may be amended by Company
from time to time, without notice. If there is any conflict between the Transaction-Specific Provisions and
these General Terms and Conditions, the Transaction-Specific Provisions shall govern. Further, if there is
any conflict between the General Terms and Conditions as printed and the electronically published
General Terms and Conditions as in effect on the date the Agreement is entered into, the electronically
published version shall control.

Warehouse Receipt
These General Terms and Conditions, together with any applicable signed bill of lading (“BOL”), receiving
report, delivery order, shipping instruction, inventory record, or other document issued or accepted by
Company in connection with the receipt, storage, handling, or release of Goods, shall collectively
constitute the warehouse receipt and storage agreement for purposes of applicable warehouse receipt
laws, including UCC Article 7, and the requirements of Company’s warehouse legal liability insurance. No
separate per-load warehouse receipt shall be issued. These General Terms and Conditions apply on a
blanket basis to all Goods now or hereafter tendered to Company and govern the warehousing
relationship between Company and Customer.

Agreement Formation
The Parties shall be deemed to have entered into a Transaction, and a Transaction shall become
effective and binding, upon the date on which the Parties agree on the economic terms of a Transaction.

Definitions
As used in these General Terms and Conditions:

“Affiliate” means, with respect to any person or entity, any other person or entity that directly, or indirectly
through one or more intermediaries, controls, is controlled by, or is under common control with, such first
person or entity; and for purposes hereof, “control” means the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of a person or entity, whether
through the ownership of voting securities, by contract or otherwise.

“Agreement” means and includes the following documents in connection with each separate Transaction
entered into between the Parties: (A) the Transaction-Specific Provisions (including amendments
thereto); and (B) these General Terms and Conditions. In the absence of written Transaction-Specific
Provisions, the act of tendering Goods for storage or other services by Company shall constitute
acceptance of these General Terms and Conditions, and in such instance these General Terms and
Conditions shall constitute the Agreement for such Transaction.

“Charges” means all amounts of any nature at any time due or claimed to be due to Company with
respect to the Goods, whether liquidated or unliquidated, including loans, disbursements, expenses,
advances, storage, handling and transportation charges (including demurrage, detention and terminal
charges), charges and expenses incurred in the preservation and sale of the Goods pursuant to
applicable law, charges incurred for services as provided in the Agreement, interest charges, and all other charges and expenses of every nature, present and future, incurred by or for the account of Customer or
any predecessor in interest or with respect to any Goods.

“Company” means Pax Industries, Incorporated, a Georgia corporation.

“Company Indemnitees” means, collectively, Company and its officers, directors, employees,
representatives and agents.

“Company Facilities” means Company’s warehouse and rail yard facilities located in Duluth, Georgia,
Chattanooga, Tennessee, Blacksburg, SC, Tryon, North Carolina and Chester, SC.

“Customer” means the Person identified in the Transaction-Specific Provisions as the party for whom the
Company will provide warehousing, handling, storage and/or logistics brokerage services.

“Goods” means the property tendered to Company by Customer for which Company has agreed to
provide services pursuant to the Agreement. Any Goods accepted by a Company Facility shall constitute
Goods under the Agreement.

“Losses” means, collectively, claims, demands, suits, losses, expenses, costs (including costs of defense
and/or settlement, attorneys’ fees, penalties and interest), damages, causes of action and liability of every
type and character, without regard to amount.

“Parties” means both Company and Customer, and “Party” means either Company or Customer, as the
context requires. “Transaction” means an agreement for Company to provide warehousing, handling,
storage and/or logistics brokerage services for or on behalf of Customer.

“Transaction-Specific Provisions” means the specific terms for a particular Transaction agreed to between
the Parties that incorporate these General Terms and Conditions to form the Agreement for the
Transaction, including as set forth in, as applicable, any price lists, rate sheets, explanation of fees, order
process and scheduling guidelines, and confirmatory emails.

Description of Goods
The Goods to be stored at Company Facilities consist primarily of plastic pellets, resins, and other
polymeric materials, as further identified on the applicable BOL(s) for each shipment. The description of
Goods set forth on each BOL shall serve as the specific identification of property received for storage
under this Agreement. Customer represents and warrants that all Goods tendered for storage are dry,
non-hazardous plastic pellets, resins, or polymeric materials suitable for ambient warehouse storage.

Conditions of Storage
Goods will be stored under ambient warehouse conditions at the applicable Company Facility.
Company’s facilities are designed and operated for the storage and handling of dry plastic pellets, resins,
and polymeric materials. Company does not represent or warrant that its facilities are suitable for Goods
requiring specialized storage conditions unless such conditions have been expressly agreed upon in
writing.

Ownership/Possession of Goods
Customer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered under
the Agreement for storage or handling. Customer warrants that it has sole legal rights to store Goods
tendered, to release Goods, and to instruct Company regarding delivery or disposition of the Goods.
Customer agrees to notify all parties acquiring any interest in the Goods of the terms and conditions of
the Agreement and to obtain, as a condition of granting such an interest, the agreement of such parties to
be bound by the terms and conditions of the Agreement. Customer further agrees to indemnify and hold
the Company Indemnitees harmless from and against any and all Losses incurred by the Company
Indemnitees as a result of any claim, dispute or litigation, whether instituted by Company or others, respecting Customer’s right, title or interest in and to the Goods. Such amounts shall be Charges in
relation to the Goods and subject to Company’s lien.

Tender of Goods
(a) Customer agrees that all Goods shipped to a Company Facility shall identify Customer on the bill
of lading or other contract of carriage as the named consignee, in care of Company, and shall not identify
Company as the consignee. If, in violation of the immediately preceding sentence, Goods are shipped to
Company as named consignee on the bill of lading or other contract of carriage, Customer agrees to
immediately notify the carrier in writing, with copy of such notice to Company, that Company is the “in
care of party” only and has no beneficial title or interest in or to the Goods. Furthermore, Company shall
have the right to refuse such Goods and shall not be liable for any loss, erroneous consignment, or
damage of any nature to, or related to, such Goods. Whether Company accepts or refuses Goods
shipped in violation of this paragraph (a), Customer agrees to indemnify and hold the Company
Indemnitees harmless from and against all claims for transportation, storage, handling and other charges
relating to such Goods, including undercharges, rail demurrage, truck/intermodal detention and other
charges of any nature whatsoever.

(b) Customer warrants and agrees that when (i) the Transaction Specific Provisions indicate Goods
will be delivered at the applicable Company Facility already packaged, or (ii) Goods arrive at a Company
in some form of packaging, regardless of what is provided in the Transaction Specific Provisions, then in
either such case the Goods shall be properly marked, classified and packaged for storage and handling in
accordance with industry standards and all applicable guidelines or instructions provided by Company
with respect thereto. If Company determines that such Goods when delivered are not properly marked,
classified and packaged for unloading, movement or storage within the applicable Company Facility, then
Company, at its discretion, may refuse delivery of such Goods, in which case Customer shall be liable
and shall indemnify and hold the Company Indemnitees harmless from and against any and all Losses
arising or resulting from such refusal of delivery.

(c) Company does not accept for storage or handling any Goods that are considered hazardous
materials and/or dangerous goods, and Customer warrants and agrees it shall not tender any such
Goods to the Company for storage or handling. If Customer breaches the foregoing warranty related to
the tender of hazardous materials or dangerous goods, or otherwise delivers any such unfit Goods,
Company shall be entitled to exercise all available remedies, including the right to refuse delivery of such
Goods or, if already delivered, to immediate destroy or remove the Goods from the warehouse without
notice to Customer. In the event of the foregoing breach of Customer’s warranty, Customer shall be liable
for all Losses incurred by Company in connection with the refusal of delivery, removal, destruction and/or
handling of the Goods and shall indemnify and hold the Company Indemnitees harmless from and against
any and all Losses arising from or attributable to a breach of the foregoing warranty.

(d) For all Goods tendered for storage or handling, Customer shall supply such information and
documents as are necessary to comply with all applicable statutes, laws, rules, regulations, ordinances,
orders, decrees or other governmental restrictions. For all Goods, Customer shall provide to Company all
documents or information necessary or useful for the safe and proper warehousing, handling, storage and
transportation (if any) of the Goods. If all such information and documents are not fully, accurately and
timely provided to Company, Customer shall indemnify and hold the Company Indemnitees harmless
from and against any and all Losses arising or resulting from the failure to provide such information and
documentation.

(e) Customer warrants its compliance with all applicable statutes, laws, rules, regulations,
ordinances, orders, decrees or other governmental restrictions, including customs laws, import and export
laws, as well as with the U.S. Foreign Corrupt Practices Act and similar laws related to anti-corruption and
anti-bribery.

Termination of Storage

Company may, upon written notice to Customer, require the removal of the Goods, or any portion thereof,
from the applicable Company Facility at the termination of the period of storage, if any, fixed by the
Transaction-Specific Provisions or after the expiration of thirty (30) days from such notice, whichever is
earlier. If, in the opinion of Company, Goods are about to deteriorate or decline in value to less than the
amount of Company’s lien, or there is a threat of damage to the Goods, to other property, to the Company
Facility or to persons, Company may specify in the notice a shorter period for removal. All Charges
relating to Goods to be removed shall be paid prior to removal. If such Goods are not so removed,
Company may sell the Goods as provided by applicable law and shall be entitled to exercise any other
rights it has under applicable law with respect to such Goods.

Storage Period and Charges
(a) All charges for storage are per agreed unit (as specified in the Transaction-Specific Provisions)
per month, and unless otherwise agreed in writing Goods are stored on a month-to-month basis. The
storage month begins on the date that Company accepts care, custody and control of the Goods,
regardless of the unloading date.

(b) A full month’s storage charge will apply to all Goods in storage on the first day of the month
following the date on which Company accepts care, custody and control of the Goods, and to all Goods in
storage on the first day of each succeeding calendar month thereafter, without proration and regardless of
the number of days the Goods are in storage during the applicable month.

Rate Adjustment
(a) Company reserves the right to adjust its rates and charges upon written notice to Customer. Such
adjustments may reflect, without limitation, changes in labor costs, fuel costs, facility operating costs,
insurance premiums, or general market conditions.

(b) Customer’s continued tendering of Goods for storage or continued use of Company’s services
following the effective date of any rate adjustment shall constitute Customer’s acceptance of the adjusted
rates.

Handling
(a) Regular handling charges cover only the ordinary labor and duties incidental to receiving Goods
at and delivering Goods from the applicable Company Facility, and placing Goods into storage at the
Company Facility, in each case during normal warehouse hours.

(b) A charge in addition to the regular handling charges will be made for any work performed by
Company other than as specified in the immediately preceding paragraph (a).

Transfer of Title; Delivery
(a) Instructions by Customer to transfer Goods to the account of another person are not effective
until the written instructions are delivered to and accepted by Company and the proposed transferee and
all Charges relating to such Goods have been paid. A charge will be made for each such transfer and for
any rehandling of Goods deemed by Company to be required thereby. Company reserves the right not to
deliver or transfer Goods to or for the account of any person except upon receipt of written instructions
properly signed by Customer.

(b) When Goods are ordered out, a reasonable time shall be given Company to carry out
instructions, and if it is unable because of acts of God, war, public enemies, seizure under legal process,
strikes, lockouts, riots or civil commotions, or any reason beyond Company’s reasonable control, or
because of loss of or damage to Goods for which Company is not liable, or because of any other excuse
provided by applicable law, Company shall not be liable for failure to carry out such instructions and
Goods remaining in storage will continue to be subject to regular storage charges.

(c) All instructions and requests for delivery of Goods or transfer of title are received subject to
satisfaction of all Charges and all liens and security interests of Company and its Affiliates.

Other Services and Charges
(a) Other services rendered at Company Facilities in the interest of Customer or the Goods are
chargeable to Customer. Such services may include furnishing of packaging materials; sampling,
weighing, restacking or inspecting the Goods; and packaging, re-packaging, and de-packaging the
Goods.

(b) Customer may, subject to insurance requirements and reasonable limitations imposed by
Company, inspect the Goods stored in Company Facilities pursuant to the Agreement when accompanied
by an employee of Company whose time is chargeable to Customer.

(c) Company shall supply dunnage bracing and fastenings where it deems it appropriate on
outbound shipments, and the cost thereof is chargeable to Customer.

(d) All storage, handling and other services may be subject to minimum charges.

(e) All Charges under the Agreement shall constitute commercial accounts.

Invoices; Terms of Payment
All Charges, including storage and handling charges described above and amounts due and owing to
Company with respect to Third Party Services as set forth under the heading “Logistics Brokerage
Services” below, are due and payable upon receipt of the invoice therefor. Unless otherwise agreed in
writing between Company and Customer, all Charges not paid within fifteen (15) days from the date the
applicable invoice is issued are subject to an interest charge from such date until paid at the lesser of one
and one half percent (1½%) per month or the highest rate permitted by law. If it becomes necessary for
Company to utilize a collection agency and/or an attorney to collect any unpaid amount owed or to assist
in effecting the lien provisions in the Agreement, Customer shall be obligated to pay the collection agency
fees and/or attorney fees, and expenses including court costs incurred, regardless of whether litigation is
actually filed.

Third-Party Billing
At Customer’s written request, Company may, in its sole discretion, direct invoices for Charges to a third
party or Affiliate designated by Customer (a “Designated Billing Party”). Any such accommodation shall
not constitute a novation, shall not release Customer from any obligation under the Agreement, and shall
not diminish or impair Company’s rights or remedies. Customer shall remain primarily, jointly and
severally liable for all Charges, whether invoiced to Customer or to a Designated Billing Party, and
regardless of whether such party fails or refuses to pay.

Company may revoke any third-party billing arrangement at any time, for any reason or no reason, upon
written notice to Customer. Upon such revocation, all outstanding and future Charges shall be
immediately due and payable by Customer.

Customer shall indemnify and hold the Company Indemnitees harmless from and against any and all
Losses arising from or in connection with any third-party billing arrangement, including any claim or
dispute by a Designated Billing Party. All such amounts shall constitute Charges and shall be secured by
the lien and security interest granted to Company under the Agreement.

Logistics Brokerage Services
Notwithstanding anything to the contrary, Customer acknowledges and agrees that to the extent the
Agreement contemplates the storage, transloading, repackaging or other handling of Goods at any location or facilities other than a Company Facility (each, a “Third Party Facility”) or the transportation of
Goods to, from or between Company Facilities and/or Third Party Facilities (all such services are referred
to in these General Terms and Conditions as “Third Party Services”):

(a) The Third Party Facilities and the assets used to provide such transportation services, as
applicable, are owned and operated by parties other than Company (each, a “Third Party Service
Provider”), and not by Company;

(b) The Third Party Services shall be provided by the applicable Third Party Service Providers, and
not by Company; and any actions taken by Company to arrange for Third Party Services shall be taken
by Company solely in its capacity as a broker acting for and on behalf of Customer, subject to a charge;

(c) When Customer requests Company to arrange for transportation of Goods but does not specify a
particular carrier, Company may select, for and on behalf of Customer, any carrier in Company’s sole
discretion;

(d) All bills of lading or other contracts of carriage issued in connection with Third Party Services
shall identify Customer, and not Company, as the named consignee; and if, in violation of the foregoing,
Goods are tendered or shipped to Third Party Service Providers with Company named as consignee on
the bill of lading or other contract of carriage, Customer agrees to immediately notify all applicable Third
Party Service Providers in writing, with copies of such notices to Company, that Company is the “in care
of party” only and has no beneficial title or interest in or to the Goods;

(e) Company, at its election, may either (i) arrange for Customer to pay directly to the applicable
Third Party Service Providers all charges, fees and expenses due and owing to such parties with respect
to the Third Party Services, or (ii) pay such charges, fees and expenses to the applicable Third Party
Service Providers for, on behalf of, or for the benefit of Customer, in which case the amount of such
charges, fees and expenses, together with any applicable brokerage charges described in the preceding
paragraph (b), will be deemed Charges due and owing to Company, and invoiced by Company to
Customer, pursuant to the terms of the Agreement.

(f) Notwithstanding anything to the contrary, all rights and remedies of Customer with respect to the
Third Party Services, including all rights and remedies with respect to any loss, damage or deterioration
of Goods while in the possession and control of the Third Party Providers or their contractors or agents,
shall be limited to those rights and remedies as are available against the applicable Third Party Service
Providers pursuant to whatever contract, agreement or other arrangement, if any, is reached with the
applicable Third Party Service Providers by Customer or by Company on behalf or for the benefit of
Customer; and Company shall have no responsibility, obligation or liability with respect thereto, except as
and to the extent caused by the gross negligence or intentional misconduct of Company or its employees
in arranging and managing such contract, agreement or arrangement for, on behalf of, or for the benefit of
Customer; and

(g) Customer agrees to indemnify and hold the Company Indemnitees harmless from and against
any and all Losses, including claims made by or on behalf of Third Party Providers, arising from or in
connection with Third Party Services, except to the extent such Losses arise directly and exclusively from
the gross negligence or intentional misconduct of Company or its employees.

Liability and Limitation of Damages
(a) Company and its Affiliates shall not, under any circumstances, be liable for any loss or
destruction of or damage to Goods, however caused, unless such loss, damage or destruction arises
directly and exclusively from Company’s failure to exercise such care in regard to the Goods as a
reasonably careful person would exercise under like circumstances. Company and its Affiliates shall not
be liable for any loss or destruction of or damage to Goods that could not have been avoided by the
exercise of such care. Company and its Affiliates shall not be liable for any loss, destruction of, or
damage to Goods arising from causes outside the reasonable control of Company or its Affiliates,
including but not limited to: acts of God; natural disasters; fire, flood, or weather events; acts of public enemies or governmental authority; labor disputes or strikes; inherent vice, latent defect, or the natural
properties or characteristics of the Goods; or improper or inadequate packaging or labeling by Customer.

(b) Customer agrees that the duty of care referenced in the immediately preceding paragraph (a)
does not require Company to provide or maintain a sprinkler system at any warehouse, though it may
choose to do so at its own discretion.

(c) Company shall not be required to store Goods in a temperature or humidity-controlled
environment.

(d) Company shall not be responsible for detention, demurrage or delays in loading or unloading
trailers or cars or delays in obtaining cars for outbound shipment unless such detention, demurrage or
delay was caused directly and exclusively by Company’s failure to exercise reasonable care.

(e) In the event of loss or destruction of or damage to Goods for which Company and/or any of its
Affiliates are legally liable, Customer declares Company’s and its Affiliates’ total, individual and collective
liability for damages shall be limited to the lesser of the following: (i) the actual cost to Customer of
replacing or reproducing the lost, damaged and/or destroyed Goods, together with transportation costs to
the applicable Company Facility, (ii) the fair market value of the lost, damaged and/or destroyed Goods
on the date Customer is notified of the loss, damage and/or destruction, or (iii) $0.50 (fifty cents) per
pound for said lost, damaged and/or destroyed Goods. In no event shall Company’s total liability arising
from any single occurrence exceed $100,000.00 (One Hundred Thousand Dollars) per occurrence.

(f) The liability referenced in the immediately preceding paragraph (e) shall be Customer’s exclusive
remedy against Company and its Affiliates for any claim or cause of action whatsoever relating to loss or
destruction of or damage to Goods and shall apply to all claims including inventory shortage and
mysterious disappearance claims unless Customer proves by affirmative evidence that Company
converted the Goods to its own use. Customer waives any rights to rely upon any presumption of
conversion imposed by law. If Company makes payment on any claim for lost Goods and such Goods are
subsequently located and made available for the account of Customer, then Customer shall promptly
return to Company all amounts paid by Company with respect to such claim that are attributable to the
located Goods. In no event shall Customer be entitled to incidental, indirect, special, punitive, exemplary
or consequential damages of any type or description.

(g) Customer shall indemnify and hold the Company Indemnitees harmless from and against all
claims, regardless of how or by whom such a claim is raised, asserting liability for loss, damage or
destruction of Goods in an amount above the limitation of damages set forth above. All Losses incurred
by the Company Indemnitees relating in any way to any such claim shall be charged to Customer, shall
become part of Charges, and shall be secured by the lien created by the Agreement.

(h) Stock Loss Tolerance. In the event of any loss, shortage, or inventory variance with respect to
Goods for which Company is found liable under paragraph (a) above, a stock loss tolerance of 0.5% of
total throughput pounds received at the applicable Company Facility during the calendar quarter shall first
be applied and forgiven. For shortage claims, any recorded overages of Customer’s Goods at the same
facility during the same quarter shall be credited before the tolerance is applied. Company’s liability shall
arise only on the net shortage exceeding the tolerance threshold, and only where such excess results
from Company’s failure to exercise reasonable care. All such liability remains subject to the limitation of damages set forth in paragraph (e), including the $0.50 (fifty cents) per pound cap and the $100,000.00 per occurrence cap.
No Stock Loss claim shall be cognizable unless the amount claimed exceeds $200.00 for the applicable
quarter. Stock loss tolerance shall be calculated on a per-facility, per-calendar-quarter basis and shall not
be carried forward or accumulated across periods or facilities.

Notice of Claim and Filing of Suit
(a) Neither Company nor its Affiliates shall be liable for any claim of any type with respect to Goods
unless such claim is presented in writing within a reasonable time, which shall in no event exceed sixty
(60) days from the earlier of: (i) the date Company released or delivered the Goods; or (ii) the date when Customer learned, or in the exercise of reasonable care should have learned, of the loss, damage,
destruction or other event or condition giving rise to the claim.

(b) As a condition to making any claim, and as a condition precedent to filing any suit, Customer shall
provide Company with a reasonable opportunity to inspect the Goods which are the basis of Customer’s
claim.

(c) No lawsuit or other action may be maintained by Customer or others against Company or its
Affiliates with respect to the Goods unless a written claim has been made within the time period set forth
in the preceding paragraph (a) and unless Customer has provided Company with a reasonable
opportunity to inspect Goods as provided in the immediately preceding paragraph (b) and unless such
action is commenced within nine (9) months after the earlier of: (i) the date Company delivered the
Goods; and (ii) the date when Customer learned, or in the exercise of reasonable care should have
learned, of the loss, damage, destruction of other event or condition giving rise to the claim.

(d) Customer shall indemnify and hold the Company Indemnitees harmless from and against any
claim whatsoever filed outside of the limitation period. All Losses incurred by the Company Indemnitees
relating in any way to any such claim shall be charged to Customer, shall become part of Charges, and
shall be secured by the lien created by the Agreement.

Insurance
Though it may elect to do so at its own discretion, Company shall not be required to insure Goods stored,
handled or transported pursuant to the Agreement, unless Company has agreed in the Transaction-
Specific Provisions to obtain such insurance for the benefit of Customer and has increased its Charges to
include the provision of such insurance (including administrative costs relative thereto).

Customer shall, at its own cost and expense, obtain and maintain throughout the term of the Agreement
all-risk property insurance covering the full replacement value of Customer’s Goods while stored at or in
transit to or from any Company Facility. Customer shall provide Company with a current certificate of
insurance evidencing such coverage upon request. Company shall not be responsible for any uninsured
loss or damage to Goods that would have been covered by Customer’s required insurance had Customer
complied with this provision.

Lien and Security Interest
(a) Customer grants to Company a first priority general warehouse lien upon and security interest in
the Goods and on the proceeds thereof for all Charges, including all charges for storage, handling,
transportation (including demurrage and terminal charges), insurance, labor and other charges present or
future with respect to the Goods, for advances or loans by Company in relation to the Goods and for
expenses necessary for preservation of the Goods or reasonably incurred in their sale pursuant to
applicable law. Customer further grants Company a lien on the Goods for all such charges, advances and
expenses in respect to any other property stored by Customer in any warehouse owned or operated by
Company or its Affiliates wherever located and whenever deposited, and without regard to whether or not
such other property is still in storage.

(b) Upon the nonpayment of any Charges when due, Company may obtain satisfaction of its lien by
sale of the Goods on which the lien and security interest is held, by judicial proceeding, or as otherwise
provided by applicable law. In the event of a sale of the Goods, Company will notify Customer of the
amount due, as well as the time, place, and nature of the proposed sale. In all instances the lien may in
Company’s discretion be deemed to have been acquired in the city or county in which the Goods are
stored at the time the lien is enforced, and any sale may be held in such city or county. All proceeds from
a sale of Goods shall be used to cover the Charges due to Company, as well as any costs incurred by
Company as a result of the sale. Any proceeds above those required to cover such amounts shall be
credited to the account of Customer. Should the sale fail to generate sufficient proceeds to cover such
costs, Company retains the right to pursue other remedies to recover the full amount due.

Miscellaneous
(a) A Party’s failure to insist upon strict compliance with any provision of the Agreement shall not
constitute a waiver or estoppel to later demand strict compliance therewith and shall not constitute a
waiver or estoppel to insist upon strict compliance with all other provisions of the Agreement.

(b) In the event any portion or provision of the Agreement shall be declared invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining parts and provisions of the
Agreement shall not, in any way, be affected or impaired thereby.

(c) All notices provided under the Agreement may be transmitted by any commercially reasonable
means of communication providing delivery receipt to the sender and directed, with respect to Company,
to Michael Nappi at 3475 Corporate Way, Suite C, Duluth, Georgia 30096, and with respect to Customer,
to its last known address. Customer is presumed to have knowledge of the contents of all notices
transmitted in accordance with this paragraph (c) upon receipt or three (3) days after transmittal,
whichever first occurs. Unless a longer period is required by applicable law, ten (10) days’ notice of any
sale or disposition shall be deemed reasonable; provided that shorter notice may be given where the
circumstances or nature of the Goods so require.

(d) The terms and conditions of the Agreement shall be binding upon the Parties and their respective
heirs, devisees, personal representatives, successors and assigns, and may be amended only by a
written instrument executed by the Party to be bound thereby.

(e) Nothing in the Agreement is intended to create any rights with respect to any party other than
Company, Customer and, as third party beneficiaries, the Company Indemnitees.

(f) The headings or titles used in the Agreement are not part of the contract, but are inserted for
convenience only and shall have no effect upon the construction or interpretation of any part of the
Agreement. When used in the Agreement, the terms “include,” “including” and similar terms are not
limiting and have the inclusive meaning represented by the phrase “including without limitation”; and
words in the singular include the plural and vice versa. No rule of construction interpreting the Agreement
against the drafter will apply.

(g) The interpretation, construction and validity of the Agreement shall be governed by, and
construed in accordance with, the laws of the state in which the applicable Company Facility is located, or
if there is no such Company Facility or more than one such Company Facility, then the laws of the State
of Georgia, in each case without reference to such state’s conflict of laws principles.

(h) The Agreement supersedes and cancels any and all previous negotiations, arrangements,
representations and undertakings between Company and Customer. It is agreed between the parties that
there are no oral agreements or representations between the Parties affecting the Agreement.