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PROPERTY DISPOSITION SERVICES AGREEMENT <br />TERMS AND CONDITIONS <br />c. The rights of the parties to terminate the Agreement are not exclusive of any other rights and remedies <br />available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy <br />will not preclude the exercise of any other rights and remedies. <br />d. Notwithstanding any termination by either party of the Agreement, PRC will continue to remit the Proceeds <br />arising under the Agreement (net of amounts owed by Owner to PRC and to third parties pursuant to the <br />Agreement) in connection with any sales made before the effective date of the termination. At the time of <br />termination, any unsold inventory shall continue to be auctioned by PRC or disposed on behalf of Owner or <br />returned to Owner, at Owner's election and cost. <br />5: - Allocation of Sales Proceeds. <br />a. Portable Property Items <br />(1) Sales Price, The total amount of Proceeds paid by Buyer shall be called the "Sales Price." The Sales <br />Price shall include the winning bid amount (the "Winning Bid's and all costs, shipping and handling <br />charges, taxes, and insurance costs associated with the transaction and paid by Buyer. <br />(2) Transaction Costs. PRC shall utilize all costs, shipping and handling charges, taxes, and insurance <br />costs collected from the Buyer (other than the Winning Bid) to pay or remit such costs, shipping and <br />handling charges, taxes, and insurance costs on behalf of Owner and Buyer, as applicable. <br />(3) PRC Commission. For each item of Property, Owner will pay to PRC (by deduction pursuant to the <br />section titled "Payment Terms" below) a fee (the "PRC Commission's equal to fifty percent (50%) of <br />the first $.1,000 of the Winning Bid and twenty five percent (25%) of the Winning Bid portion, if any, <br />that exceeds $1,000. The amount of the Winning Bid remaining after deduction and payment of the <br />PRC Commission will be called "Owner's Gross Proceeds". <br />(4) Processing Costs. Credit card processing costs ("Credit Cazd Cost's and affiliate processing fees (the <br />"Affiliate Fees," which include commissions and processing costs paid to third parties IF such a third <br />party sent the winning bidder to the website), will be borne by Owner and PRC in proportion to the <br />ratio of Owner's Gross Proceeds to PRC Commission. Owner's portion of Credit Card Cost and <br />Affiliate Fees (collectively, the "Processing Costs' will be paid by PRC to applicable third parties on <br />Owner's behalf. <br />(5) Net Proceeds. The amount of the Winning Bid paid to Owner after deduction and payment of the PRC <br />Commission and Processing Costs will be called "Owner's Net Proceeds", <br />Portable Item Ezample. The following example illustrates allocation of proceeds from a Portable Property <br />Item sale. Assume an item of Property sells at auction fora $100 Winning Bid; the Buyer pays shipping <br />and handling of $10, insurance of $2, and sales tax of $6. The Buyer pays the Sales Price of $118.00 ($100 <br />+ $10 + $2 + $6) by credit card, and the Credit Card Cost is 3% of the Sales Price or $3.54 (0.03 x $118) <br />and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). PRC will retain $10 of the Sales Price for shipping <br />and handling, $2 for insurance and $6 for remittance to relevant tax authorities. PRC will pay itself from <br />the Winning Bid the amount of $50 as the PRC Commission. As the ratio of the PRC Commission to <br />Owner's Gross Proceeds is 1:1, the Credit Card Costs and Affiliate Fees are shared equally, $1.77 each <br />($3.54 = 2) for Credit Cazd Cost and $2.40 each ($4.80 = 2) for Affiliate Fces. The portion of the <br />Processing Fees allocated to Owner (that is, $4.17) will be paid to the relevant third parties out of Owner's <br />Gross Proceeds, with the remainder being the responsibility of PRC. Owner's Net Procedds equal $45.83 <br />($100.00 Winning Bid less $50 PRC Commission less $4.17 Owner's share of Processing Costs). <br />(6) Fuel Surcharge. PRC does NOT charge pick-up fees. Instead, a fuel surcharge ("Fuel Surchazge'~ <br />will be paid to PRC out of Owner's Net Proceeds for each Portable Item manifest when diesel prices <br />rise above a specific level as shown in the Fuel Surcharge Schedule below. PRC tracks benchmazk <br />average diesel retail prices as published online by the Energy Information Administration of the US <br />Department of Energy and resets its fuel surcharge quarterly based on average weekly pricing from the <br />prior quarter. Fuel Surcharges, if any, are deducted from monthly Owner's Net Proceeds. <br />3 of 8 <br />