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.
Appears in 8 contracts
Samples: Cooperative Working Agreement, Cooperative Working Agreement, Cooperative Working Agreement
