This
SERVICES AGREEMENT, dated as of September 26, 2008 between
Samson Dental Practice Management, LLC (collectively
“Client”) and Ferrellgas, L.P.
(“Provider”). The Client and Provider are referred to
collectively herein as the “Parties” or individually as
the “Party”.
WHEREAS,
Client desires to obtain the benefit of certain support and
administrative services from Provider as specified on
Schedule I (the “Services”).
NOW,
THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the Parties agree as
follows:
Section 1.
Term . The term of this Agreement shall begin on
September 11, 2008 and continue until terminated by a party
pursuant to the terms of this Agreement.
Section 2.
Services . During the Term, Provider shall provide, through
its personnel and/or third party contractors, the Services
described on Schedule I to this Agreement. Provider and Client
agree that the quantity of Services shall not exceed the reasonable
capacity of Provider’s personnel and/or third party
contractors, considering the existing responsibilities of the
personnel and contractors for Provider.
Section 3.
Pricing, Billing and Payment . Fees for the Services shall
be as described on Schedule I to this Agreement. All fees will
be invoiced to Client and due within fifteen (15) days of
invoice.
(a) Either
Party shall have the right to terminate any category of service at
any time. In such event, Client shall pay to Provider all prorated
or incurred amounts payable, and fees for any time of Provider to
transition such Services to Client or any subsequent
provider.
(b) Either
Party shall have the right to terminate this Agreement at any time
upon thirty (30) days’ notice, with our without
cause.
(c) Provider
may terminate and pursue any remedies available to it at law or in
equity if (i) the Client becomes insolvent or is adjudicated a
bankrupt, or (ii) fails to pay for Services in a prompt
fashion and does not cure said default within ten (10) days of
notice thereof.