Intervening Defendant. STIPULATION FOR CONSENT JUDGMENT. Insurance Company HEREBY STIPULATE AS FOLLOWS:

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1 R Gova OCT rf STATE OF WISCONSIN CIRCUIT COURT OCONTO COUNTY BRANCH 2 STATE OF WISCONSIN, Plaintiff, v. Case No. 10-CX-3 NOV CLERK OF COURTS, OCONTO COUNDY WI K_RIST OIL CO., Complex Forfeiture: Defendant. AMCO INSURANCE COMPANY Intervening Defendant. STIPULATION FOR CONSENT JUDGMENT Plaintiff State of Wisconsin, Defendant Krist Oil Co. and Intervening Defendant AMCO Insurance Company HEREBY STIPULATE AS FOLLOWS: 1. Defendant Krist Oil Co. (hereinafter "Krist") is a Michigan corporation with its principal office located at 303 Selden Road, Iron River, Michigan Krist is an oil, gasoline, and diesel fuel distributor owning and/or operating several gas station convenience stores in Wisconsin, including in Oconto County. Among other things, Krist sells or exchanges and offers to sell or exchange liquefied petroleum ("LP") gas cylinders at retail at at least some of its gas station convenience store locations in Wisconsin, including in Oconto County. 2. Plaintiff State of Wisconsin has commenced an action against Kirst alleging that Krist committed violations of Wis. Stat (1)(c) and (1), as well as Wis. Admin. Code ATCP 90.09(1)(a), by representing a false quantity when it offered for sale or exchange LP gas cylinders which were represented to consumers to contain 17 pounds net weight of LP gas that were filled to less than that quantity and which underweight condition exceeded the maximum allowable

2 variation; of Wis. Admin. Code ATCP and 90.08(21)(c) by offering for sale or exchange at retail LP gas in portable refillable containers without providing a declaration of responsibility; of Wis. Stat (l) and Wis. Admin. Code ATCP and 90.08(21)(b), by offering to sell or exchange at retail LP gas cylinders in portable refillable containers which did not clearly and conspicuously disclose on the containers or on a tag attached to the containers the net quantity of liquid petroleum gas contained therein; and of Wis. Stat (2) and Wis. Admin. Code ATCP 90.08(21)(a) for offering for sale or exchange at retail LP gas by weight in portable refillable containers that were not plainly, clearly and conspicuously marked with the container's tare weigh. 3. Intervening Defendant AMCO Insurance Company (hereinafter "AMCO") is an Iowa insurance company licensed to do business in Wisconsin. It has intervened in this action for the purpose of determining whether its policy of insurance issued to Krist provides coverage for the claims alleged in the State of Wisconsin's Complaint in this matter. 4. By entering into this Stipulation, Krist makes a general appearance and consents to the subject matter and personal jurisdiction of this Court. 5. The attached Consent Judgment does not constitute a finding by this Court that Krist has engaged in any act or practice declared in violation of Wis. Stat (1)(c), 98.26(1)(t) or (1), Wis. Admin. Code ATCP 90.09(1)(a), ATCP or 90.08(21)(c), Wis. Stat (1), Wis. Admin. Code ATCP or 90.08(21)(b), Wis. Stat (2) or Wis. Admin. Code ATCP 90.08(21)(a), nor does it constitute an admission of wrongdoing by Krist. 6. The parties hereto agree that this Stipulation and attached Consent Judgment fully resolve Krist's liability to the State of Wisconsin solely as to any alleged violation of Wisconsin statutes or Wisconsin administrative code provisions arising out of the matters alleged in the Complaint filed in this action

3 7. The parties hereto admit to the continuing jurisdiction of this Court over the Defendant Krist and the subject matter of this action. 8. The parties hereto consent to the entry of the Consent Judgment attached hereto without any adjudication of fact or law and without further pleading, notice or appearance. I.B. VAN HOLLEN Attorney General Dated: k \ BY?, cit PHILLIP D. FERRIS Assistant Attorney General State BarNo Attorneys for Plaintiff, State of Wisconsin Consented to by Defendant Krist Oil Co. Dated: ( KRIST ATANASOFF Vice President Nash, Spindler, Grirnstad & McCracken LLP Dated: l b t?ili By ALLAJAika CHRISTOP R R. BANDT State Bar No Attorneys for Defendant, Krist Oil Co.

4 Pofich Tousignant Law Office D NNIS M, TO SIGN State Bar No Attorneys for Defendant, Krist Oil Co. Kasdorf, Lewis & Svvictlik,, S.C. A, By: k MICHAEL J. CE AK State Bar No Attorneys for Intervening Defendant, AMCO Insurance Company

5 STATE OF WISCONSIN CIRCUIT COURT OCONTO COUNTY BRANCH 2 STATE OF WISCONSIN, Plaintiff, v. Case No, 10-CX-3 KRIST OIL CO., Complex Forfeiture: Defendant. AMCO INSURANCE COMPANY Intervening Defendant. CONSENT JUDGMENT N?,011 CLERK (W COURTS OCONTO COUNTY, WI The State of Wisconsin, Plaintiff, Krist Oil Co., Defendant and AMCO Insurance Company, Intervening Defendant, having executed the Stipulation for Consent Judgment attached hereto, and the Court having reviewed the file herein, NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: I. JURISDICTION That said Stipulation for Consent Judgment attached hereto is approved and made part of this Consent Judgment. 2. That this Court has jurisdiction over Defendant Krist Oil Co. (hereinafter "Krist"), over Intervening Defendant AMCO Insurance Company (hereinafter "AMCO") and over the subject matter of this action. Defendant Krist is a Michigan corporation with its principal office located at 303 Selden Road, Iron River, Michigan Krist is an oil, gasoline, and diesel fuel distributor owning and/or operating several gas station convenience stores in Wisconsin, including in Oconto County. Among other things, Krist sells or exchanges and offers to sell or exchange

6 liquefied petroleum ("LP") gas cylinders at retail at at least some of its gas station convenience store locations, including in Oconto County. AMCO is an Iowa insurance company licensed to do business in Wisconsin. It has intervened in this action for the purpose of determining whether its policy of insurance issued to Krist provides coverage for the claims alleged in the State of Wisconsin's Complaint in this matter. INJUNCTION 3. That for the purposes of this Consent Judgment, all of the definitions found in Wis. Stat and in Wis. Admin. Code ATCP are incorporated herein by this reference. Further, for purposes of this Consent Judgment the definition of the term "maximum allowable variation" or "MAV", shall be as set forth in the 2011 Edition of the National Institute of Standards and Technology Handbook 133, Appendix F. 4. That pursuant to Wis. Stat (2), (11)(a) and (d) and (6), Krist and its employees, officers, agents, successors and assigns, with respect to any actions or activities in the State of Wisconsin, are hereby permanently enjoined and restrained from failing to comply with the provisions of Wis. Stat. ch. 98, Wis. Stat (1) and Wis. Admin. Code eh. ATCP 90 as they are currently written or as they are amended in the future, and fiom directly or indirectly engaging in any of the following: a. Representing in any manner a false qu tity in connection with the purchase or sale, any advertising thereof or any representation relating thereto, of any commodity, thing or service, in violation of Wis, Stat (1)(c), Wis. Stat (1) or Wis. Admin. Code ATCP 90.09(1)(a), including, without limitation, offering for sale or exchange a LP gas cylinder which is represented to consumers to contain a specified number of pounds, net weight, of LP gas, which LP gas cylinder contains less than that specified number of net weight in pounds and which underweight condition exceeds the max allowable variation;

7 b. Except as provided in Wis. Admin. Code ATCP 90.08(21)(e), selling a consumer commodity in a package form at a place other than the premises where the commodity was packaged without each package of the commodity being clearly and conspicuously labeled with the name, business address and connection to the commodity (if the responsible party is not the person who manufactured or produced the commodity) of the manufacturer, packer or distributor responsible for introducing the consumer commodity into commerce in packaged form, in violation of Wis. Admin. Code ATCP 90.03; c. Selling or exchanging at retail or offering for sale or exchange at retail, LP gas in a portable refillable container without a declaration of responsibility attached to the container r conspicuously posted at the location where the LP gas is offered or displayed for sale or exchange, or without the contents of that declaration of responsibility being in compliance with the provisions of Wis. Admin. Code ATCP 90.03, in violation of Wis. Admin. Code ATCP 90.08(21)(c); d. Selling or offering to sell at retail any LP gas in any manner other than by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; or vapor measure, specified in cubic feet, or such other units as approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection, in violation of Wis. Stat (1); e. Selling or distributing any consumer commodity in package form without each package of that commodity bearing a clear and conspicuous declaration of net quantity in violation of Wis. Admin. Code ATCP 90.04, including, without limitation, selling or exchanging at retail, or offering for sale or exchange at retail, LP gas in a portable refillable container without the net quantity of LP gas in the container clearly and conspicuously disclosed on the container, or on a tag attached - 3 -

8 to the container, or without the format of that net quantity disclosure being in compliance with Wis. Admin. Code ATCP 90.04, in violation of Wis. Admin. Code ATCP 90.08(21)(b); and f. Selling or exchanging at retail, or offering for sale or exchange at retail LP gas by weight in a portable refillable container, without the tare weight of the container plainly, clearly and conspicuously marked or disclosed on the container, in violation of Wis. Stat (2) and Wis. Admin. Code ATCP 90.08(21)(a). 5. That pursuant to Wis. Stat (2), (11)(a) and (d) and (6), Krist is directed to submit to the Wisconsin Department of Agriculture, Trade and Consumer Protection, within 30 days of the entry of this Consent Judgment, a written statement of the method by which it will ensure that LP gas cylinders offered for sale or exchange in Wisconsin actually deliver the net weight of LP gas which they are represented by Krist to contain, which methodology shall include weighing each cylinder as it is filled. III. CIVIL FORFEITURES AND ATTORNEYS FEES 6. That Krist is obligated for and shall pay to the State of Wisconsin a total net amount of $65, This sum is comprised of forfeitures, statutory surcharges and fees as follows: $29, in civil forfeitures for violations of Wis. Stat, 98.26(1)(c), Wis. Stat (1) and Wis. Admin. Code ATCP 90,09(1)(a) as alleged in Count One of the Complaint, for violations of Wis. Admin. Code ATCP 90,03 and 90,08(21)(c) as alleged in Count Two of the Complaint, for violations of Wis. Stat, (1) and Wis. Admin, Code ATCP and 90.08(21)(b) as alleged in Count Three of the Complaint and for violations of Wis. Stat (2) and Wis. Admin. Code 90.08(21)(a) as alleged in Count Four of the Complaint, pursuant to Wis. Stat (1)(c) and (f) and (4) and (6); $7, for the 26% penalty surcharge under Wis. Stat (1)(a) and (18); $7, for the 25% consumer protection surcharge - 4 -

9 pursuant to Wis. Stat, (1) and (1m); $ for the 1% jail surcharge pursuant to Wis. Stat (1)(a) and (14); $52.00 consisting of $13.00 times 4 Counts for the crime laboratories and drug law enforcement surcharge pursuant to Wis. Stat (1)(a) and (2) and (3); $25.00 for the fees in forfeiture actions pursuant to Wis. Stat (1)(b); $21.50 for the justice information system surcharge pursuant to Wis. Stat. 814,86(1) and (15); $68.00 for the court support services surcharge pursuant to Wis. Stat (1) and (2); and $19, to the Wisconsin Department of Justice, as reasonable and necessary expenses of prosecution, including attorney fees, pursuant to Wis. Stat That payment of the foregoing total net amount of $65, shall be made by Krist within thirty (30) days of the entry of this Consent Judgment. Of this amount, $45, shall be paid by check to the Oconto County Clerk of Court and $19, shall be paid by check to the Wisconsin Department of Justice and delivered to Assistant Attorney General Phillip D. Ferris at the Wisconsin Department of Justice. IV. CUSTO1VIER/CONSUIVIER RIGHTS AND CONTINUING JURISDICTION 8. That nothing contained in this Consent Judgment shall be construed to deprive any customer, consumer or other person or entity of any private right under the law. 9. That nothing contained in this Consent Judgment shall be construed as approval, sanction or authorization of any act, practice or conduct of Krist. 10. That nothing in this Consent Judgment shall be construed to limit the authority of the State of Wisconsin, the Wisconsin Attorney General, the Wisconsin Department of Justice, the Wisconsin Department of Agriculture, Trade and Consumer Protection or any other agency or department of the State of Wisconsin to enforce any and all laws, regulations or rules against Krist, nor be construed to limit any right Krist may have to defend against any such enforcement action. 5

10 11. That jurisdiction is retained by this Court for the purpose of enabling any of the parties to this proceeding to apply to this Court for any other further orders and directions as may be necessary and appropriate for the enforcement of, or compliance with, this Consent Judgment. THIS IS A FINAL ORDEWJUDGMENT FOR PURPOSES OF APPEAL UNDER WIS. STAT (1). Dated this AJ 0 day of, BY THE COURT: 15 OiN MKfq The.Honorable Tim A. Dulcet Marinette County Circuit Court, Branch 2 Presiding by designation