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(d) Mobile Fue/er Particulars and Additional Obligations. Attachment 2 hereto describes the Mobile Fueler in <br />more detail and sets forth additional obligations for each party with respect to the Mobile Fueler and its <br />installation and use. <br />(e) Tit/e Passage and RisK of Loss. Unless otherwise specified in an Attachment hereto, title and risk of loss of <br />Hydrogen shall pass to Buyer upon delivery of the Mobile Fueler at the Designated Location. <br />(f) Tit/e to Mobi/e Fue/e? Title, possession, and control of the Mobile Fueler delivered by Air Products to the <br />Designated Location shall at all times remain in Air Products and upon expiration or termination of this <br />Agreement Air Products may remove the same. As between Air Products and Buyer, the Mobile Fueler shall . <br />be and remain the personal property of Air Products and shall not be or become fixtures, notwithstanding the <br />manner in which the Mobile Fueler is or may be affixed to the Designated Location. Nothing in this Agreement <br />shall be construed as giving Buyer possession of the Mobile Fueler or a lease, rental or bailment thereof. <br />Buyer will not suffer or permit the Mobile Fueler to become subject to any lien or encumbrance for any debt or <br />liability of any kind that may be owed by, asserted against or demanded of Buyer and shall, if requested by Air <br />Products, obtain and deliver to Air Products an appropriate agreement from the owner of the Designated <br />Location waiving any claim against the Mobile Fueler. <br />4. Buyer's Obligations with respect to Delivery <br />(a) Mobi/e Fue/er Area. Buyer shall furnish Air Products with an area(s) meeting applicable federal, state and <br />local legal requirements that is satisfactory to Air Products for the installation of the Mobile Fueler (the "Fueler <br />Area") together with unrestricted access (twenty-four hours a day, seven days a week) thereto for Air Products <br />and its authorized representatives for all proper purposes under this Agreement, including the delivery of <br />Hydrogen hereunder. However Air Products shall provide 24-hour advance notice by calling the Fleet Manager <br />or the Fueling System Supervisor to coordinate entry. The Fueler Area shall be free from toxic and hazardous <br />materials that could prevent or increase the cost of installation or operation of the Mobile Fueler or that could <br />cause injury or death of Air Products' representatives or any other person near the Fueler Area or that could <br />cause damage to adjoining property. Notwithstanding anything herein to the contrary, Buyer hereby <br />indemnifies and holds Air Products harmless from and against any and all claims, liabilities, costs (including <br />reasonable legal fees), expenses, damages, penalties and fines that arise out of or result from any toxic or <br />hazardous materials now or hereafter in, on or under the Fueler Area and that do not occur or result directly <br />from Air Products' performance pursuant to this Agreement. <br />(b) Maintenance Assistance and Protection. Buyer shall use all reasonable precautions to prevent its <br />employees or third parties from altering, repairing, re-programming, adjusting or tampering with, and to prevent <br />untrained and unauthorized persons from using, the Mobile Fueler. Buyer further agrees that it shall take <br />reasonable precautions to prevent its own employees or others from opening, disassembling, or making <br />investigations, drawings, or diagrams of the Mobile Fueler or its operation. <br />(c) Hazardous Materia/s, Etc. Buyer shall prohibit the use of oil, grease or lubricants on the Mobile Fueler or the <br />storage, or use of oil, grease, lubricants or any flammable or combustible materials in or near the Fueler Area. <br />Buyer shall comply with all relevant reporting obligations under the Emergency Planning and Community Right- <br />To-Know Act of 1986, 42 U.S.C. 1 1 001-1 1 050 (EPCRA, commonly known as Title III of the Superfund <br />Amendments and Reauthorization Act of 1986 (SARA Title III)) resulting from the presence of Hydrogen <br />supplied under this Agreement. Further, Buyer shall warn and protect its employees and others exposed to the <br />hazards posed by Buyer's storage and use of the Hydrogen and to comply with all federal,. state and local legal <br />notification, reporting and permit requirements that may be associated with the storage or use thereof. <br />(d) Obligations on Attachment 2. Buyer shall comply with the additional obligations regarding the Mobile Fueler <br />set forth in Attachment 2 and identified as obligations of Buyer. <br />-2-