Cargo Preference Act Sample Clauses

Cargo Preference Act. The Borrower shall be in compliance (taking into account, if applicable, any determination of non-availability issued by MARAD in favor of the Borrower) with the Cargo Preference Act of 1954, as amended, and all related implementing regulations, with respect to CPA Goods relating to all Eligible Projects approved by DOE or subject to a pending Advance Request, unless the Borrower has entered into an agreement or waiver (or is diligently working and reasonably expects in good faith to agree to an agreement or waiver) with MARAD with respect to such compliance, in which case it shall be in compliance with such agreement or waiver with respect to such CPA Goods upon its effectiveness, and shall have delivered evidence to that effect to DOE.

Cargo Preference Act. (a) The Borrower shall comply (taking into account, if applicable, any determination of non-availability issued by MARAD in favor of the Borrower) with the Cargo Preference Act of 1954, as amended, and all related implementing regulations, with respect to CPA Goods shipped or to be shipped for the purposes of the Eligible Projects, unless the Borrower has entered into an agreement or waiver (or, after the Effective Date, is diligently working and reasonably expects in good faith to agree to an agreement or waiver) with MARAD with respect to such compliance, in which case it shall comply with such agreement or waiver upon its effectiveness. (b) Without limiting the generality of the foregoing, and unless the Borrower has reached an agreement or waiver (or, after the Effective Date, is diligently working and reasonably expects in good faith to agree to an agreement or waiver) with MARAD excusing it from the following obligations or otherwise providing for its compliance with the Cargo Preference Act of 1954, as amended, the Borrower shall: (i) deliver to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590 (x) in the case of shipments originating outside of the United States, within thirty (30) working days (as such term is used in 46 C.F.R. 381.7) or (y) in the case of shipments originating within the United States, within twenty (20) days, in each case, following the date of loading any CPA Goods, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of CPA Goods; and (ii) cause all agreements whereby any Borrower Entity procures, contracts for, or otherwise obtains CPA Goods provide for (x) compliance with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to CPA Goods and the utilization of privately owned United States-flag commercial vessels to ship at least fifty percent (50.0%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels and (y) delivery of the necessary shipment information as set forth in clause 7.09(b)(i) above. (iii) Notwithstanding anything to the contrary herein, the Borrower may substitute CPA Substitute Goods for purposes of compliance with the foregoing.

Cargo Preference Act. Pursuant to 46 CFR Part 381, the Borrower hereby agrees as follows, and shall insert the following clauses in contracts entered into by the Borrower pursuant to which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project: (i) At least fifty percent (50%) of any equipment, materials or commodities procured, contracted for or otherwise obtained with TIFIA Loan proceeds, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.‌ (ii) Within twenty (20) days following the date of loading for shipments originating within the United States or within thirty (30) Business Days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (i) above shall be furnished to both the TIFIA Lender and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

Cargo Preference Act. (a) DOE shall have received a Borrower Certificate, certifying that as of the Advance Notice Date and the Advance Date, the Borrower is in compliance with all of its obligations under the CPA Agreement. (b) DOE shall not have received written notice from United States Maritime Administration that the Borrower is not in compliance with all of its obligations under the CPA Agreement.

Cargo Preference Act. The Borrower is in compliance (taking into account, if applicable, any determination of non-availability issued by MARAD in favor of the Borrower) with the Cargo Preference Act of 1954, as amended, and all related implementing regulations, with respect to CPA Goods shipped or to be shipped for the Project, unless the Borrower has entered into an agreement with MARAD with respect to such compliance, in which case it is in compliance with such agreement or waiver.

Cargo Preference Act. Each of the Borrower Entities is in compliance with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to all CPA Goods, or has otherwise reached an agreement with the United States Maritime Administration with respect to such compliance.

Cargo Preference Act. The Borrower is in compliance (taking into account, if applicable, any determination of non-availability issued by MARAD in favor of the Borrower) with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to the Eligible Projects, unless the Borrower has entered into an agreement or waiver (or, after the Effective Date, is diligently working and reasonably expects in good faith to agree to an agreement or waiver) with MARAD with respect to such compliance, in which case it is in compliance with such agreement or waiver upon its effectiveness.

Cargo Preference Act. DOE shall have received a fully executed copy of that letter agreement dated January 8, 2014, between the Owners’ Agent and the United States Maritime Administration (the “CPA Agreement”), certified by the Borrower to be true, correct and complete.

Cargo Preference Act. (a) The Borrower Parties shall comply with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to CPA Goods, unless it has reached an agreement with MARAD with respect to such compliance, in which case it shall comply with such agreement. (b) Without limiting the generality of the foregoing, and unless a Borrower Entity entered into a CPA Compliance Agreement excusing it from the following obligations or otherwise providing for its compliance with the Cargo Preference of 1954, as amended, the applicable Borrower Entity shall: (i) deliver to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 (x) in the case of shipments originating outside of the United States, within thirty (30) working days (as such term is used in 46 C.F.R. 381.7) or (y) in the case of shipments originating within the United States, within twenty (20) days, in each case, following the date of loading any CPA Goods, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of CPA Goods; and (ii) ensure all agreements whereby any Borrower Party procures, contracts for, or otherwise obtains CPA Goods provide for (x) compliance with the Cargo Preference Act of 1954, as amended, and all related implementing regulations with respect to CPA Goods/the utilization of privately owned United States-flag commercial vessels to ship at least fifty percent (50.0%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels and (y) delivery of the necessary shipment information as set forth in clause (b)(i) above.