Common use of AGREEMENT AUTHORITY Clause in Contracts

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 negotiate for or jointly procure terminal services at U.S. ports, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalization. 5.4 The Parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force majeure. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx NMCC may engage in joint marketing and sales.

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 and/or such static cargo as is acceptable for carriage on the Trade on an “as needed/as available” basis, up to the full reach Parties' respective 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 MOL ,and NMCC, and WLS. 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 negotiate for or jointly procure terminal services at U.S. ports, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalization.. The Parties are authorized to discuss and agree upon 5.4 The Parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force majeure. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx XXXxxx, NMCC and WLS may engage in joint marketing and sales.

AGREEMENT AUTHORITY. 5.1 The Parties are authorized (a) APL shall charter to charter SWIRE, and SWIRE shall purchase from APL, space for the carriage a minimum of vehicles and other Ro/Ro cargo to/from one another in the Trade 15 TEUS weekly, on an “as needed/as available” a used or not used basis, which may range up to the full reach a maximum of a vessel80 TEUs, at an average gross weight of 17 tons per TEU, on vessels owned or chartered by them each weekly sailing of APL’s Guam Saipan Express Service from Pusan, South Korea and/or Yokohama, Japan to Guam and/or Saipan, based on the pro forma schedule agreed at the start of the Agreement. Such space shall be made available at such slot charter hire and on such other terms and conditions as the Parties may agree from time to time. To facilitate efficient operations under this AgreementSWIRE shall have access to 6 reefer plugs on each weekly sailing from Pusan, the S. Korea and/or Yokohama, Japan to Guam and/or Saipan. The Parties may are authorized to 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 applicable to the use or interchange sale and purchase of equipment useful in space, including but not limited to the carriage amount of cargo in the Tradeslot charter hire. Space chartered hereunder Additional slots may not be sub-chartered to another carrierSWIRE on an ad hoc basis, except between XXXxxx NMCC. subject to space availability. (b) For purposes of this Agreement, a 20-foot container shall be considered as 1 TEU, 40-foot container, 40HC as 2 TEUs and 45HC shall be considered as 2.25 TEUs. (c) The discussion Parties are authorized to discuss and agreement permitted by this Section 5.1 includes discussion agree on matters relating to terminal operators and agreement about the volumes, cargo characteristics, shipping requirementsstevedores, and to reach agreement on other transportation features issues relating to the loading and/or discharge of service for a specific shipper, when such shipper has given written authorization for such discussion and agreementcargo. 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 (d) The Parties may discuss and agree upon the terminal(s) chartering, hiring, establishment, use, scheduling and coordination of transshipment, barge and feeder services in the Trade, in conjunction with linehaul vessel operations hereunder. 5.2 SWIRE shall be entitled to be called by use its slot allocation without any geographical restrictions regarding the vessels operated hereunder as well origin or destination of the cargo, subject to such operational restrictions as the stevedore(s) Parties may agree on from time to time. The Parties may agree on the treatment of full, empty, wayport/interport, or breakbulk cargo. 5.3 SWIRE shall not assign, charter, or sub-charter any slots that will service such vessels, and/or APL has chartered to it under this Agreement to any ocean common carrier without the volume prior consent 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 windowsAPL; 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 hereinprovided, however, that SWIRE may sub-charter space to its vessel-operating fully owned subsidiaries and affiliates. SWIRE shall authorize the parties jointly remain fully responsible and liable to operate a marine terminal in the United States nor APL for due performance by any entity to jointly negotiate for or jointly procure terminal services at U.S. ports, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalizationwhich SWIRE sub-charters slots. 5.4 This Agreement does not authorize SWIRE to charter space for carriage of U.S.- Flag, government-impelled Cargo, and/or for any commodities or goods tendered for carriage that are reserved by law to be transported in vessels documented under the laws of the United States. 5.5 This Agreement does not authorize SWIRE to purchase space on APL’s Guam Saipan Express Service for transportation of cargo between Guam and Saipan. 5.6 The Parties are authorized to exchange information discuss and agree on any matter within such general administrative matters and other terms and conditions regarding the scope implementation of this Agreement and as may be necessary or convenient from time to reach agreement on any and all administrative and operational functions related hereto includingtime, including but not limited toto performance procedures and penalties, forecasting, terminal operationsweight restrictions, stowage planning, record-keeping, responsibility for loss of/damage to cargo and/or containers, insurance, liability, cargo claims, indemnitiesforce majeure, the terms handling and resolution of their respective claims and other liabilities, indemnification, documentation and bills of lading, failure to perform and force majeuregeneral average and salvage. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx NMCC may engage in joint marketing and sales.

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 MOL, NMCC, and WLS. 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 are authorized to discuss and agree upon arrangements for the terminal(s) to be called by use of terminals in connection with the vessels operated hereunder as well as the stevedore(s) that will service such vesselschartering of space hereunder, and/or the volume of cargo to be handled by such terminals including entering into exclusive, preferential, or stevedores. In furtherance of the foregoing, the Parties are authorized to discuss, exchange information, and/or coordinate negotiations cooperative working arrangements with marine terminal operators or stevedores and other persons relating to operational matters such as port schedules and berthing windows; availability of port facilitiesmarine terminal, equipment and stevedoring or other shoreside services; contract duration; adequacy of throughput; and the procedures of the interchange of operational data . However, nothing in a legally compliant matter. Nothing herein, however, this Agreement shall authorize the parties Parties jointly to operate a marine terminal in the United States nor to jointly negotiate for or jointly procure terminal services at U.S. portsStates, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalization. 5.4 The Parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, thereto including forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force majeure. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx MOL, NMCC and WLS may engage in joint marketing and sales.

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 NMCCHöegh Autoliners. 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 are authorized to discuss and agree upon arrangements for the terminal(s) to be called by use of terminals in connection with the vessels operated hereunder as well as the stevedore(s) that will service such vesselschartering of space hereunder, and/or the volume of cargo to be handled by such terminals including entering into exclusive, preferential, or stevedores. In furtherance of the foregoing, the Parties are authorized to discuss, exchange information, and/or coordinate negotiations cooperative working arrangements with marine terminal operators or stevedores and other persons relating to operational matters such as port schedules and berthing windows; availability of port facilitiesmarine terminal, equipment and stevedoring or other shoreside services; contract duration; adequacy of throughput; and the procedures of the interchange of operational data . However, nothing in a legally compliant matter. Nothing herein, however, this Agreement shall authorize the parties Parties jointly to operate a marine terminal in the United States nor to jointly negotiate for or jointly procure terminal services at U.S. portsStates, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalization. 5.4 The Parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, including forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force majeure. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx NMCC may engage in joint marketing and sales.

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 MOL, NMCC, and WLS. 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 are authorized to discuss and agree upon arrangements for the terminal(s) to be called by use of terminals in connection with the vessels operated hereunder as well as the stevedore(s) that will service such vesselschartering of space hereunder, and/or the volume of cargo to be handled by such terminals including entering into exclusive, preferential, or stevedores. In furtherance of the foregoing, the Parties are authorized to discuss, exchange information, and/or coordinate negotiations cooperative working arrangements with marine terminal operators or stevedores and other persons relating to operational matters such as port schedules and berthing windows; availability of port facilitiesmarine terminal, equipment and stevedoring or other shoreside services; contract duration; adequacy of throughput; and the procedures of the interchange of operational data . However, nothing in a legally compliant matter. Nothing herein, however, this Agreement shall authorize the parties Parties jointly to operate a marine terminal in the United States nor to jointly negotiate for or jointly procure terminal services at U.S. portsStates, nor to discuss or agree upon the rates charged to their respective shipper customers, or to engage in capacity rationalization. 5.4 The Parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, including forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force majeure. 5.5 The Parties are authorized to enter into further agreements authorized by this Agreement, subject to the filing and effectiveness provisions of the Shipping Act of 1984, as amended, and implementing regulations of the Federal Maritime Commission. 5.6 Each Party shall conduct its own separate marketing and sales activities, shall issue its own bills of lading, and, unless otherwise agreed, handle its own claims, except that XXXxxx MOL, NMCC and WLS may engage in joint marketing and sales.