STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VO LUNT ARY COMPLIANCE

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1 STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: Amerigas Propane, Limited Partnership AG Case Numbers: LI Respondent ASSURANCE OF VO LUNT ARY COMPLIANCE PURSUANT TO Chapter 501, Part II, "The Florida Deceptive and Unfair Trade Practices Act", Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (hereafter the "Department") has investigated certain acts and practices of Amerigas Propane, Limited Partnership (hereinafter the "Respondent".) Respondent enters into this Assurance of Voluntary Compliance (hereafter the "A VC") with the Department without an admission of wrongdoing and for the purpose of resolving this matter only. Pursuant to Section (6), Florida Statutes (2010), the Department accepts this A VC in termination of its investigation into certain acts and practices of Respondent related to its pricing of propane during a state of emergency in the State of Florida from January 5, 2010 to February 1, STIPULATED FACTS 1.1 Respondent is a Delaware limited partnership, with its principal place of business located at 460 North Gulph Road, King of Prussia, PA Respondent's general partner is Amerigas Propane, Inc., which is a PA corporation. Page 1 of7

2 1.2 Respondent is a national supplier of propane and propane equipment to residential and business customers (the "Services"). Respondent supplies propane and propane equipment to residential and business customers throughout the State of Florida. 1.3 On January 5, 2010, the Governor of the State of Florida (the "Governor") issued Executive Order Number ("Order ")which declared a state of emergency in the State of Florida due to the threat of severe weather. By its terms, the Order expired fourteen (14) days from its issuance unless otherwise extended by the Governor. By Executive Order Number ("Order 10-07) dated January 19, 2010, the Governor extended Order for 7 additional days through January 25, By Executive Order Number ("Order "), the Governor extended Order and Order for 7 additional days through February 1, Pursuant to Order 10-01, Order and Order 10-21, the state of emergency in the State of Florida declared by the Governor extended continuously from January 5, 2010 through February 1, The Department received complaints from Florida consumers regarding the prices charged by Respondent for propane during the period from January 5, 2010 through February 1, Pursuant to Section , Florida Statutes (2010), it is unlawful and a violation of Section , Florida Statutes (2010) for a person or her or his agent or employee to sell or offer to sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. 1.6 Respondent has reviewed Section , Florida Statutes (2010) and is aware of its terms. Page 2 of7

3 1.7 Respondent denies that it has violated Section , Florida Statutes (2010) or other Florida law, rules or regulation and is entering into this A VC solely for purposes of settlement. 2. JURISDICTION AND VENUE 2.1 The parties agree that the State of Florida has jurisdiction over Respondent for the purposes of entering into this AVC and any enforcement actions arising out of this AVC. 2.2 It is further agreed by the parties that venue for any matters relating to or arising out of this AVC shall lie solely in Orange County, Florida. 3. COMPLIANCE TERMS 3.1 Respondents shall not violate the following: (a) The Florida Deceptive and Unfair Trade Practices Act as contained in Chapter 501, Part II, Florida Statutes (2010); and, (b) Section , Florida Statutes (2010) 3.2 Respondent shall immediately implement such procedures and practices as may be reasonably necessary to keep itself informed of the issuance of executive orders of the Governor of the State of Florida that declare a state of emergency. Respondent shall further implement such propane pricing procedures and practices so that Respondent does not sel1 or offer to sell propane at an unconscionable price within any area for which a state of emergency in the State of Florida has been declared. 4. MONETARY TERMS 4.1 Upon execution of this A VC, Respondents shall pay to the Department the total sum of One Hundred Thousand and No/100 Dollars ($100,000.00) for investigative costs, attorneys' fees and future monitoring. Payment shall be made by certified or cashier's check Page 3 of7 g_

4 payable to the Department of Legal Affairs Revolving Trust Fund and shall be sent to Robert G. Clements, Assistant Attorney General, 135 West Central Blvd, Suite 1000, Orlando, FL Respondent acknowledges and agrees that any failure to comply with the terms and conditions of paragraph 3.1 of this A VC is by statute prima facia evidence of a violation of Chapter 501, Part II, Florida Statutes (2010), and may subject Respondent to any and all civil penalties and sanctions provided by law, including awarding of attorneys' fees and costs. 5. EFFECTIVE UPON ACCEPTANCE 5.1 The Department's Director of Economic Crimes may refuse to accept this A VC at his or her discretion, and the A VC shall only become effective upon its acceptance and signing by the Director. 5.2 This AVC may be signed in multiple counterparts, each of which shall be considered an original, and all of which together will constitute one and the same agreement. 6. BUSINESS RECORDS 6. In connection with the Department's future monitoring of Respondent, Respondent agrees to retain documents and other information reasonably sufficient to establish compliance with the provisions herein, and shall provide the Department reasonable access to such documents and information upon request. 7. CONSTRUCTION OF AVC 7.1 This A VC is the result of joint negotiations between the parties and shall be deemed to have been drafted by both the Department and the Respondent In the event of a dispute, this A VC shall not be construed against either party. 7.2 Respondents shall in no way represent that the Department has approved any of the Respondents' business practices or prices, and shall not use the existence of this A VC to in Page4of7 L

5 any way to imply such approval. 8. APPLICABILITY 8. This A VC shall apply to and continuously bind Respondent and its affiliated entities, successors, assigns and each of its officers, directors, agents, servants, employees, and attorneys, whether acting directly or through any corporation, subsidiary, division, or other entity. 9. CHANGES IN LAW OR BUSINESS PRACTICES 9.1 It is further agreed by the parties that if any statutes change due to amendment, repeal, or disposition by the legislature, an agency, or court so that they would permit any action prohibited by any section of this A VC, that section of this A VC shall no longer have any force or effect. 9.2 If any clause, provision, or section of the A VC shall, for any reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other clause, provision, or section of this A VC, and this A VC shall be construed and enforced as if such illegal, invalid, or unenforceable clause, section, or other provision had not been contained herein. Page 5 of7

6 IN WITNESS WHEREOF, Respondent has caused this A VC to be executed by an authorized representative in the County and State listed below, as of the date affixed thereon. Amerigas Propane, Limited Partnership By its General Partner: Amerigas Propane, Inc. By: Its:-----1"lf~/_-_.?t_.('\_f.J STATEOF&~ COUNTY OF ~~...-,,,.... ~, Date: 3'.A<J S- '2011 BEFORE ME, an officer duly authorized to take acknowledgments in the State of Pennsylvania, personally appeared Steven A. Samuel, as Vice President Law of AmeriGas Propane, Inc., he acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this 5th day of January, Sworn to and subscribed before me this 5th day of January, Notllrtal Seal Cynthia Robinson, Notary Public Upper Merton Twp., Montgomery County My Commission Expires Dec, 10, 2014 Personally known or Produced identification (check one) Type of Identification Produced: ~ Page 6 of7 ~

7 ssistant Attorney General ffice of the Attorney General Department of Legal Affairs 135 West Central Blvd., Suite 1000 Orlando, Florida (407) phone, (407) Fax Accepted this /?!iaayof_j.=--_c_... _ ' Director of Economic Crimes Office of the Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida Page 7 of7 if_

Practices Act", Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE

Practices Act, Florida Statutes (2010), the STATE OF FLORIDA, OFFICE OF THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS In the Matter of: Wisdom of the Ages Worldwide, Inc. AG Case Number: 11-3-1036 Respondent ASSURANCE OF VO LUNT ARY COMPLIANCE