Empty Container Yard Sample Clauses

Empty Container Yard a. Subject to the limitations set forth in Section 4 (c) below, PHA assumes the responsibility and expense for the expeditious movement of Carrier’s empty containers between their assigned point of rest at Barbours Cut Terminal and the private lessee-operated empty container facility on PHA property within Barbours Cut Terminal (“Empty Container Facility”) as designated by Carrier, to meet vessel movements as reasonably designated by Carrier, subject to the ability of the Empty Container Facility to accommodate such movements. Except for such empty handling charges (and discounts) specifically provided for herein, all rates and services to be provided in connection with the Empty Container Facility shall be negotiated and contracted separately between Carrier and the Empty Container Facility operator, provided that the terms of such rates and services shall be subject to the restrictions contained in PHA’s lease with the Empty Container Facility operator, including without limitation the permitted capacity of the Empty Container Facility. PHA shall not require any increase in such rates in excess of amounts required to adequately provide empty container yard services. PHA’s lease with the Empty Container Facility operator shall provide that any annual increase in rates for Empty Container Facility services shall not exceed five percent (5%) of the rate then in effect. b. Carrier may at its option obtain services for depot services and maintenance and repair work for empty refrigerated containers and tanks outside of the designated Empty Container Facility on PHA property, provided such vendor meets required labor standards as outlined in the International Longshoremen’s Association, AFL-CIO master contracts. Carrier may dispatch empty refrigerated containers and tanks directly from Barbours Cut Terminal and exempt such empty refrigerated containers and tanks from being moved to and from the designated Empty Container Facility on PHA property, as reasonably requested. c. The term of the current lease between PHA and the lessee of the Empty Container Facility shall expire on April 30, 2021. Notwithstanding the provisions of Section 4 (a) and (b) above, PHA shall have no obligation after April 30, 2021 to lease the Empty Container Facility to the current tenant or any other entity or to assume the responsibility or expense for moving Carrier’s empty containers between their assigned point of rest at Barbours Cut Terminal and any lessee-operated empty containe...
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