Asia-U.S. West Coast Sample Clauses

Asia-U.S. West Coast. Horizon shall charter to Maersk Sealand, and Maersk Sealand shall charter space (on a take or pay basis) from Horizon for the term of this Agreement equivalent to *** forty foot equivalent units (“FEUs”) from the marine terminals, at Maersk Sealand’s option, located in Hong Kong or Kaohsiung, Taiwan and the marine terminals at the U.S. West Coast ports shown in Appendix 2, per weekly sailing, used or unused, in the Trade on vessels employed by Horizon in the weekly TP1 service (the “TP1 Service”), at a rate of $*** per FEU for the period from the effective date of this Agreement through December 10, 2004 and at a rate of $*** per FEU effective December 11, 2004 for the balance of the term of this Agreement subject to fuel surcharge methodology and invoicing procedures used between the parties on the date hereof, with no increase during the term of this Agreement related to crew costs or any other labor cost increases incurred by Horizon to apply to such rates. Horizon agrees that its vessels carrying cargo on the TP1 Service arriving or leaving Xxxx Xxxxx, Hong Kong will berth at Modern Terminals at any berth designated by Maersk Sealand. Maersk Sealand shall have the right to use available space on Horizon’s vessels sailing between Kaohsiung and Hong Kong for way-port cargo. To the extent that additional capacity is from time to time available, Maersk Sealand shall have the right, but not the obligation, to charter from Horizon additional space in the Trade on the TP1 Service at the rates set out on Appendix 1-A attached hereto. *** Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act. TP1 Agreement Maersk Sealand / Horizon Lines LLC
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