Common use of Berth Permit and Vessel Agent Obligations Clause in Contracts

Berth Permit and Vessel Agent Obligations. At such time as a Vessel needs the use of the Berth Corridor, the Vessel Agent shall contact the Operator, by providing the information required in the Berth Permit, in the form of Attachment D to this Tariff. By filing a Berth Permit with the Operator, the Berth Agent represents and warranties to the Operator, that: 1) the Vessel Agent is acting as the authorized agent of the Vessel and Xxxxxx Owner named in the Berth Permit; 2) by signing the Xxxxx Xxxxxx, the Vessel Agent is and has the authority to bind the Vessel and Vessel Owner to the terms and conditions of the Berth Permit, this Tariff and the Fee Schedule; and 3) the Vessel Agent knows the Operator is relying on the truthfulness of the Vessel Agent’s representation and warranty in making its decisions in the processing of the Berth Permit. The Operator shall process such request taking in consideration the above representation and warranty, the most efficient use of the Berth Corridor, the needs of other Users and the general operation of the BC Ports and respond back to the Vessel Agent informing them of when and under what conditions the Vessel is permitted to use the Berth Corridor. A Berth Permit shall be issued at the discretion of the Operator and shall always be subject to the Authority’s right to the priority use of the Berth Corridor above all other Users. All Vessel Agents shall comply with the following: a. Perform all of its work as an independent contractor, nothing herein shall constitute or be deemed to constitute any employment agreement, lease, joint venture or partnership with the Operator. b. Have the sole responsibility for its employees, subcontractors, agents, invitees and the manner or methods used in performing its and their work, which must be at all times performed in a safe, proper, and workmanlike manner in compliance with all Federal, Provincial and Municipal laws and regulations. c. Communicate with the Operator any changes or updates to the information provided relating to the Berth Permit. d. Not allow the vessel to the Berth Corridor unless it has an approved to do so. e. The Vessel will only be moored at the Berth Corridor during the period approved. f. Make all arrangements for all Vessel and Cargo handling requirements with a SOA Operator or the Operator, as the case maybe, prior to the Vessel or Cargo arrival at the Berth Corridor. g. Cargo loading or discharging will commence promptly upon mooring or no later than the start of the next labour shift (including Overtime and Statutory Holiday periods) provided in the applicable Collective Agreement for the labour assigned for such duties. The only exception to this requirement is during Non-Working Period designated in such applicable Collective Agreement. h. Promptly arrange to move the Vessel from the Berth Corridor at any time requested to do so by the Authority or upon completion of Cargo operations, unless prevented by the Authority or other applicable government authorities. i. Provide Operator with a detailed description of the Vessel, tally of all Cargo handled at or on the Berth Corridor, sufficient for the calculation of all amounts provided for in the Fee Schedule or Tariff.

Berth Permit and Vessel Agent Obligations. At such time as a Vessel needs the use of the Berth Corridor, the Vessel Agent shall contact the Operator, by providing the information required in the Berth Permit, in the form of Attachment D to this Tariff. By filing a Berth Permit with the Operator, the Berth Agent represents and warranties to the Operator, that: 1) the Vessel Agent is acting as the authorized agent of the Vessel and Xxxxxx Vessel Owner named in the Berth Permit; 2) by signing the Xxxxx XxxxxxBerth Permit, the Vessel Agent is and has the authority to bind the Vessel and Vessel Owner to the terms and conditions of the Berth Permit, this Tariff and the Fee Schedule; and 3) the Vessel Agent knows the Operator is relying on the truthfulness of the Vessel Agent’s representation and warranty in making its decisions in the processing of the Berth Permit. The Operator shall process such request taking in consideration the above representation and warranty, the most efficient use of the Berth Corridor, the needs of other Users and the general operation of the BC Ports and respond back to the Vessel Agent informing them of when and under what conditions the Vessel is permitted to use the Berth Corridor. A Berth Permit shall be issued at the discretion of the Operator and shall always be subject to the Authority’s right to the priority use of the Berth Corridor above all other Users. All Vessel Agents shall comply with the following: a. Perform all of its work as an independent contractor, nothing herein shall constitute or be deemed to constitute any employment agreement, lease, joint venture or partnership with the Operator.Operator.‌ b. Have the sole responsibility for its employees, subcontractors, agents, invitees and the manner or methods used in performing its and their work, which must be at all times performed in a safe, proper, and workmanlike manner in compliance with all Federal, Provincial and Municipal laws and regulations. c. Communicate with the Operator any changes or updates to the information provided relating to the Berth Permit. d. Not allow the vessel to the Berth Corridor unless it has an approved to do so. e. The Vessel will only be moored at the Berth Corridor during the period approved. f. Make all arrangements for all Vessel and Cargo handling requirements with a SOA Operator or the Operator, as the case maybe, prior to the Vessel or Cargo arrival at the Berth Corridor. g. Cargo loading or discharging will commence promptly upon mooring or no later than the start of the next labour shift (including Overtime and Statutory Holiday periods) provided in the applicable Collective Agreement for the labour assigned for such duties. The only exception to this requirement is during Non-Working Period designated in such applicable Collective Agreement. h. Promptly arrange to move the Vessel from the Berth Corridor at any time requested to do so by the Authority or upon completion of Cargo operations, unless prevented by the Authority or other applicable government authorities. i. Provide Operator with a detailed description of the Vessel, tally of all Cargo handled at or on the Berth Corridor, sufficient for the calculation of all amounts provided for in the Fee Schedule or Tariff.

Berth Permit and Vessel Agent Obligations. At such time as a Vessel needs the use of the Berth Corridor, the Vessel Agent shall contact the Operator, by providing the information required in the Berth Permit, in the form of Attachment D to this Tariff. By filing a Berth Permit with the Operator, the Berth Agent represents and warranties to the Operator, that: 1) the Vessel Agent is acting as the authorized agent of the Vessel and Xxxxxx Vessel Owner named in the Berth Permit; 2) by signing the Xxxxx XxxxxxBerth Permit, the Vessel Agent is and has the authority to bind the Vessel and Vessel Owner to the terms and conditions of the Berth Permit, this Tariff and the Fee Schedule; and 3) the Vessel Agent knows the Operator is relying on the truthfulness of the Vessel Agent’s representation and warranty in making its decisions in the processing of the Berth Permit. The Operator shall process such request taking in consideration the above representation and warranty, the most efficient use of the Berth Corridor, the needs of other Users and the general operation of the BC Ports and respond back to the Vessel Agent informing them of when and under what conditions the Vessel is permitted to use the Berth Corridor. A Berth Permit shall be issued at the discretion of the Operator and shall always be subject to the Authority’s right to the priority use of the Berth Corridor above all other Users. All Vessel Agents shall comply with the following: a. Perform all of its work as an independent contractor, nothing herein shall constitute or be deemed to constitute any employment agreement, lease, joint venture or partnership with the Operator. b. Have the sole responsibility for its employees, subcontractors, agents, invitees and the manner or methods used in performing its and their work, which must be at all times performed in a safe, proper, and workmanlike manner in compliance with all Federal, Provincial and Municipal laws and regulations. c. Communicate with the Operator any changes or updates to the information provided relating to the Berth Permit. d. Not allow the vessel to the Berth Corridor unless it has an approved to do so. e. The Vessel will only be moored at the Berth Corridor during the period approved. f. Make all arrangements for all Vessel and Cargo handling requirements with a SOA Operator or the Operator, as the case maybe, prior to the Vessel or Cargo arrival at the Berth Corridor. g. Cargo loading or discharging will commence promptly upon mooring or no later than the start of the next labour shift (including Overtime and Statutory Holiday periods) provided in the applicable Collective Agreement for the labour assigned for such duties. The only exception to this requirement is during Non-Working Period designated in such applicable Collective Agreement. h. Promptly arrange to move the Vessel from the Berth Corridor at any time requested to do so by the Authority or upon completion of Cargo operations, unless prevented by the Authority or other applicable government authorities. i. Provide Operator with a detailed description of the Vessel, tally of all Cargo handled at or on the Berth Corridor, sufficient for the calculation of all amounts provided for in the Fee Schedule or Tariff.

Berth Permit and Vessel Agent Obligations. At such time as a Vessel needs the use of the Berth Corridor, the Vessel Agent shall contact the Operator, by providing the information required in the Berth Permit, in the form of Attachment D to this Tariff. By filing a Berth Permit with the Operator, the Berth Agent represents and warranties to the Operator, that: 1) the Vessel Agent is acting as the authorized agent of the Vessel and Xxxxxx Owner named in the Berth Permit; 2) by signing the Xxxxx Xxxxxx, the Vessel Agent is and has the authority to bind the Vessel and Vessel Owner to the terms and conditions of the Berth Permit, this Tariff and the Fee ScheduleDocument; and 3) the Vessel Agent knows the Operator is relying on the truthfulness of the Vessel Agent’s representation and warranty in making its decisions in the processing of the Berth Permit. The Operator shall process such request taking in consideration the above representation and warranty, the most efficient use of the Berth Corridor, the needs of other Users and the general operation of the BC Ports and respond back to the Vessel Agent informing them of when and under what conditions the Vessel is permitted to use the Berth Corridor. A Berth Permit shall be issued at the discretion of the Operator and shall always be subject to the Authority’s right to the priority use of the Berth Corridor above all other Users. All Vessel Agents shall comply with the following: a. Perform all of its work as an independent contractor, nothing herein shall constitute or be deemed to constitute any employment agreement, lease, joint venture or partnership with the Operator. b. Have the sole responsibility for its employees, subcontractors, agents, invitees and the manner or methods used in performing its and their work, which must be at all times performed in a safe, proper, and workmanlike manner in compliance with all Federal, Provincial and Municipal laws and regulations. c. Communicate with the Operator any changes or updates to the information provided relating to the Berth Permit. d. Not allow the vessel to the Berth Corridor unless it has an approved to do so. e. The Vessel will only be moored at the Berth Corridor during the period approved. f. Make all arrangements for all Vessel and Cargo handling requirements with a SOA Operator or the Operator, as the case maybe, prior to the Vessel or Cargo arrival at the Berth Corridor. g. Cargo loading or discharging will commence promptly upon mooring or no later than the start of the next labour shift (including Overtime and Statutory Holiday periods) provided in the applicable Collective Agreement for the labour assigned for such duties. The only exception to this requirement is during Non-Working Period designated in such applicable Collective Agreement. h. Promptly arrange to move the Vessel from the Berth Corridor at any time requested to do so by the Authority or upon completion of Cargo operations, unless prevented by the Authority or other applicable government authorities. i. Provide Operator with a detailed description of the Vessel, tally of all Cargo handled at or on the Berth Corridor, sufficient for the calculation of all amounts provided for in the Fee Schedule Document or Tariff.