AGREEMENT AUTHORITY Sample Clauses

AGREEMENT AUTHORITY. ‌ 5.1 PDL NPDL shall sell and PFLG shall purchase, on a used/not used basis, thirty percent (30%) of the space available on the vessel (or a maximum of 30% of the capacity of the vessel by weight) (including thirty percent (30%) of the available reefer plug capacity) on each sailing of PDL’s NPDL's vessel in the Trade. Additional slots may be sold/purchased on an ad 1 The inclusion of non-U.S. trades within the scope of this Agreement does not bring such trades within the scope of the U.S. Shipping Act or the jurisdiction of the Federal Maritime Commission ("FMC"). hoc basis, and such additional space shall not be unreasonably withheld. To determine the space allocation used by any breakbulk cargo loaded on the Vessel pursuant to this Agreement, the amount of any such breakbulk cargo shall be converted at a rate of 17 revenue tonnes per TEU. 5.2 The sale of slots under Article 5.1 shall be on such terms and such conditions as the Parties may agree from time to time. 5.3 PFLG shall not sub-charter slots made available to it hereunder to any third party, including PFLG affiliates, without the prior written consent of PDL NPDL. 5.4 Each party is responsible for the port charges attributed to its own cargo, but are authorized to discuss and agree on their respective responsibilities for port charges assessed to PDL NPDL as the vessel operator at island ports in the trade. 5.5 The Parties are authorized to discuss and agree upon routine operational and administrative matters including, but not limited to, procedures for allocating space, forecasting, stevedoring and terminal operations, recordkeeping, responsibility for loss, damage or injury (including provisions of bills of lading relating to same), the interchange of information and data regarding all matters within the scope of this Agreement, terms and conditions for force majeure relief, insurance, guarantees, indemnification, and compliance with customs, safety, security, documentation, and other regulatory requirements. 5.6 Each Party shall retain its separate identity and shall have separate sales, pricing and marketing functions. Each Party shall issue its own bills of lading and handle its own claims. 5.7 The Parties shall collectively implement this Agreement by meetings, writings, or other communications between them or within committees established by them, and make such other arrangements as may be necessary or appropriate to effectuate the purposes and provisions of this Agreement.

AGREEMENT AUTHORITY. 5.1 The Parties are authorized to charter space for the carriage of vehicles and other Ro/Ro cargo to/from one another in the Trade on an “as needed/as available” basis, up to the full reach of a vessel, on vessels owned or chartered by them on such terms and conditions as the Parties may agree from time to time. To facilitate efficient operations under this Agreement, the Parties may discuss and agree upon space requirements and the availability of space on their vessels; the timing of the provision of space; procedures for booking space, for documentation, for special cargo handling instructions or requirements, and for other administrative matters relating to chartering and transportation provided under this Agreement; and the terms and conditions for the use or interchange of equipment useful in the carriage of cargo in the Trade. Space chartered hereunder may not be sub-chartered to another carrier, except between XXXxxx NMCC. The discussion and agreement permitted by this Section 5.1 includes discussion and agreement about the volumes, cargo characteristics, shipping requirements, and other transportation features of service for a specific shipper, when such shipper has given written authorization for such discussion and agreement. 5.2 Compensation for any space chartered pursuant to this Agreement shall be upon such terms and at such hire as the Parties may from time to time agree. If the Parties do not agree on the space charter rate for a particular shipment before the cargo is loaded by the Party carrying the cargo, the applicable rate shall be USD500/cbm. Billing and payment terms and conditions shall also be as agreed between the Parties from time to time. 5.3 The Parties may discuss and agree upon the terminal(s) to be called by the vessels operated hereunder as well as the stevedore(s) that will service such vessels, and/or the volume of cargo to be handled by such terminals or stevedores. In furtherance of the foregoing, the Parties are authorized to discuss, exchange information, and/or coordinate negotiations with marine terminal operators or stevedores relating to operational matters such as port schedules and berthing windows; availability of port facilities, equipment and services; contract duration; adequacy of throughput; and the procedures of the interchange of operational data in a legally compliant matter. Nothing herein, however, shall authorize the parties jointly to operate a marine terminal in the United States nor to jointly n...

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AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. 000-000000-000 Edition) intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods Code. In...

AGREEMENT AUTHORITY. (a) The carrier members shall have authority to discuss and exchange information relating to a broad range of factors and sector specific topics, which includes matters that are within the Purpose of the Council (as specified in Article 2), environmental controls, governmental regulations, technological developments, fuel and energy requirements, monetary and fiscal policies, government-controlled fleets, and governmental programs which affect maritime activities. This Agreement, as well as any subjects or actions that may require separate or supplemental agreement(s), shall be non-binding, voluntary agreements (except with respect to administrative matters). All discussions, information exchanges and other activities conducted under this Agreement shall be subject to and in accordance with all applicable laws of any country having jurisdiction over the applicable trade(s). (b) The Council and carrier members may also consult as appropriate with Governments, inter- Governmental bodies and other groups or organizations, including groups or organizations with shipper members, with respect to the subjects covered by this Agreement. (c) In conducting any activity under this Agreement with respect to each trade covered hereby, the Council and each carrier member shall abide by all legal requirements imposed by each country having jurisdiction over the trade.

AGREEMENT AUTHORITY. 5.1. The Parties are authorized to meet together, discuss, reach agreement and take all actions deemed necessary or appropriate by the Parties to implement or effectuate any agreement regarding sharing of vessels, chartering or exchange of space, and related coordination and cooperative activities pertaining to their operations and services, and related equipment, vessels and facilities in the Trade. It is initially contemplated that the Parties will deploy a total of three (3) vessels, each with an approximate capacity of 400 TEUs, on two services referred to as the AUSPAC and SOUTHPAC services (collectively, the “Services”). The AUSPAC service begins and ends in Australia with calls in New Caledonia, Vanuatu, Fiji, American Samoa, Samoa, and Tonga. The SOUTHPAC service begins and ends in New Zealand with calls in American Samoa, Samoa, and Tonga. NPL and PFL will operate one (1) vessel each on the AUSPAC service, and PDL NPDL will operate one (1) vessel on the SOUTHAPC service. The Parties may modify their deployment on the Services to between two (2) and six (6) total vessels and the TEU capacities of these vessels by up to fifty percent without amendment to this Agreement. discuss and agree upon cash flow procedures, share net losses and/or divide the net income from the pool among themselves pursuant to formulas and with such frequency as they may agree from time to time.

AGREEMENT AUTHORITY. The authority of the Parties shall be as follows: 5.1 The Parties shall establish, operate, and maintain a fully integrated liner shipping service operating as an ocean common carrier under such trade name or names as they may determine (the “Joint Service”). The Joint Service will operate in the Trade, as provided hereunder, and other trades worldwide. The Joint Service shall operate as a single carrier which shall incorporate the prior separate vessel operating common carrier containerized liner services in the Trade that were operated separately by each of the Parties. As provided by Article 8 hereof, the Parties agree not to operate competing containerized ocean common carrier services in the Trade following the commencement of the Joint Service hereunder. (a) The Parties are authorized to establish one or more legal entities under such name as the Parties may agree to own or operate the Joint Service (each a “Joint Service Entity” and collectively, the “Joint Service Entities”). The parties are authorized to discuss and agree upon all matters relating to the formation, corporate governance, and operation of the Joint Service Entities as permitted by the laws of the jurisdiction of formation including percentage of ownership of each of them, required representations or warranties by the Parties, initial investments and other capital contribution requirements, management, control, restrictions on disposition of capital stock, shareholder voting rights, board composition, employee compensation, indemnity terms as between the Parties and/or a Joint Service Entity, wind-up and termination provisions, and to memorialize agreements on such matters of corporate governance in a shareholders’ agreement or other similar corporate governance document. (b) Initially, the Parties shall establish the following Joint Service Entities: (i) The Integrated Holding Company (“HoldCo”). The Parties shall make such investment in HoldCo as they may agree and will each become a shareholder of HoldCo at the following levels: “K” Line 31% MOL 31% NYK 38% Initially, each Party shall be entitled to designate two (2) members of the HoldCo Board of Directors for a total of six (6) members. (ii) The Integrated Operating Company (“OpCo”). OpCo shall operate as a vessel operating common carrier offering containerized liner services. The Parties shall make such investment in OpCo as they may agree and will each become a holder of preferred stock in OpCo at the following levels: “K” Lin...

AGREEMENT AUTHORITY a) The Parties are authorized to discuss and to agree upon language and terms to be included in the NYSHEX Forward Contract, which shall be used solely by a Party when contracting with a Shipper via NYSHEX. A Party may substitute or add terms to the NYSHEX Forward Contract when contracting with a Shipper via NYSHEX. Terms to which the Parties may discuss and agree include, but are not limited to, service commitments, booking procedures, amendments (scope, types, and process), dispute resolution, termination, use of electronic signatures, and the applicable process for filing of the service contract with the Federal Maritime Commission (“FMC”). Shippers that are participants in NYSHEX may also participate in the discussions and agreements contemplated herein. b) Nothing in this Agreement authorizes any of the Parties to discuss, exchange or agree upon the ocean freight rates, surcharges, or accessorials that will be applicable to ocean transportation provided by a Party pursuant to the NYSHEX Forward Contract. c) Nothing in this Agreement shall prohibit any Party from entering into a service contract outside of NYSHEX.

AGREEMENT AUTHORITY. You have the full legal power, authority and capacity to enter into this Agreement. You certify that you are of legal age to enter contracts in the state where you live. If this Agreement is established by the undersigned Client, or the Client’s authorized representative in a fiduciary capacity, the Client hereby certifies that he/she is legally empowered to enter into or perform this Agreement in such a capacity. The Client represents that he or she is over 18 years of age and no person shall use or attempt to use the Services unless he or she is over 18. This Agreement constitutes a legal, valid and binding obligation on you with respect to your Account. You acknowledge that you are solely responsible for carefully reviewing and understanding all terms and conditions of this Agreement. You acknowledge and agree that you are fully responsible for all acts and omissions relating to the use of our Platform or the designated Custodian’s technological infrastructure, including the deposit and contributions to and withdrawals from your Account, by any person who uses your user ID and password(s), as described in the Terms of Use. You may not share your password(s) with others, and you must notify Graybridge immediately if you know or suspect that the confidentiality of your password(s) has been compromised. You are the only person who may use your user ID and password to access our Platform or your Account with a designated Custodian. You represent and warrant that no term of this Agreement conflicts with or violates any duty you have under any law, regulation, or agreement.

AGREEMENT AUTHORITY. 5.1 As from the effective date, or at a later stage as may be agreed between the Parties, CMA CGM shall charter to ONE and ONE shall purchase from the allocation of CMA CGM on the BRAZEX regular liner service serving the Trade (from /to all ports of call), on a used or not used and FIOS (Free In and Out Stowed) basis, a fixed allocation of 200 TEUs (at 13 tons average per TEU), including 20 reefer plugs per vessel sailing on a voyage leg basis. Without further amendment, the foregoing allocations may be adjusted up or down by up to fifty percent (50%) subject to parties’ mutual agreement. The Parties agree that use of reefer plugs will be subject to a charge to be agreed between them. The Parties further agree that each 40’ HC shall be counted as 2,0 TEUs and each 45’HC shall be counted as 2,5 TEUs and loading of 45’HC shall be subject to the Vessel Operator’s approval. The Parties are authorized to agree on the terms and conditions pursuant to which the foregoing space is chartered, including the amount of slot hire to be paid. Subject to the terms herein, provision of such fixed allocation to ONE shall be guaranteed by CMA CGM. Upon request and subject to space availability, CMA CGM may make additional slots available to ONE on an ad hoc basis in such amounts and on such terms as the Parties may agree from time to time. CMA CGM shall consult with ONE and thereafter provide ONE with a minimum of thirty (30) days’ prior written notice of any permanent, material change in its service in the Trade. In the case of change in the port rotation, the Parties shall meet to agree any necessary adjustments to ONE’s allocation, trading rights and slot hire as the case may be. If the Parties cannot reach an agreement in regard to the foregoing, then ONE may terminate the Agreement upon 60 days prior written notice. 5.2 ONE may not sub-charter space made available to it hereunder to any third-party (to be understood as Vessel Operating Common Carrier), except to its fully owned subsidiaries and affiliates, without the prior written consent of CMA CGM and subject to FMC prior approval. 5.3 CMA CGM and the vessels it provides shall comply with the requirements of the ISM Code. As vessel provider, CMA CGM shall be responsible for all operational aspects of the vessels. The Parties are authorized to discuss and agree on their respective rights and obligations with respect to the omission of port calls and the handling of cargo affected by such omissions. 5.4 The Parties sh...