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PROPERTY DISPOSITION SERVICES AGREEMENT TERMS AND CONDITIONS c. The rights of the parties to terminate the Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. d. Notwithstanding any termination by either party of the Agreement, PRC will continue to remit the Proceeds arising under the Agreement (net of amounts owed by Owner to PRC and to third parties pursuant to the Agreement) in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by PRC or disposed on behalf of Owner or returned to Owner, at Owner's election and cost. 5. Allocation of Sales Proceeds. a. Portable Property Items (1) Sales Price. The total amount of Proceeds paid by Buyer shall be called the "Sales Price." The Sales Price shall include the winning bid amount (the "Winning Bid") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2) Transaction Costs. PRC shall utilize all costs, shipping and handling charges, taxes, and insurance costs collected from the Buyer (other than the Winning Bid) to pay or remit such costs, shipping and handling charges, taxes, and insurance costs on behalf of Owner and Buyer, as applicable. (3) PRC Commission. For each item of Property, Owner will pay to PRC (by deduction pursuant to the section titled "Payment Terms" below) a fee (the "PRC Commission") equal to fifty percent (50%) of the first $1,000 of the Winning Bid and twenty five percent (25%) of the Winning Bid portion, if any, that exceeds $1,000. The amount of the Winning Bid remaining after deduction and payment of the PRC Commission will be called "Owner's Gross Proceeds". (4) Processing Costs. Credit card processing costs ("Credit Card Cost") and affiliate processing fees (the "Affiliate Fees," which include commissions and processing costs paid to third parties IF such a third party sent the winning bidder to the website), will be borne by Owner and PRC in proportion to the ratio of Owner's Gross Proceeds to PRC Commission. Owner's portion of Credit Card Cost and Affiliate Fees (collectively, the "Processing Costs") will be paid by PRC to applicable third parties on Owner's behalf. (5) Net Proceeds. The amount of the Winning Bid paid to Owner after deduction and payment of the PRC Commission and Processing Costs will be called "Owner's Net Proceeds". Portable Item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction fora $100 Winning Bid; the Buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The Buyer pays the Sales Price of $118.00 ($100 + $10 + $2 + $6) by credit card, and the Credit Card Cost is 3% of the Sales Price or $3.54 (0.03 x $118) and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). PRC will retain $10 of the Sales Price for shipping and handling, $2 for insurance and $6 for remittance to relevant tax authorities. PRC will pay itself from the Winning Bid the amount of $50 as the PRC Commission. As the ratio of the PRC Commission to Owner's Gross Proceeds is 1:1, the Credit Card Costs and Affiliate Fees are shared equally, $1.77 each ($3.54 _ 2) for Credit Card Cost and $2.40 each ($4.80 - 2) for Affiliate Fees. The portion of the Processing Fees allocated to Owner (that is, $4.17) will be paid to the relevant third parties out of Owner's Gross Proceeds, with the remainder being the responsibility of PRC. Owner's Net Proceeds equal $45.83 ($100.00 Winning Bid less $50 PRC Commission less $4.17 Owner's share of Processing Costs). (6) Fuel Surcharge. PRC does NOT charge pick-up fees. Instead, a fuel surcharge ("Fuel Surcharge") will be paid to PRC out of Owner's Net Proceeds for each Portable Item manifest when diesel prices rise above a specific level as shown in the Fuel Surcharge Schedule below. PRC tracks benchmark average diesel retail prices as published online by the Energy Information Administration of the US Department of Energy and resets its fuel surcharge quarterly based on average weekly pricing from the prior quarter. Fuel Surcharges, if any, are deducted from monthly Owner's Net Proceeds. 3of8