Common use of Empty Container Yard Clause in Contracts

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 container facility on PHA property within Barbours Cut Terminal.

Empty Container Yard. a. Subject to the limitations set forth in Section 4 (c5(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 operatoroperator (“Empty Container Facility Lease”), 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 The Empty Container Facility operator shall provide Lease provides that any the annual increase in rates any Miscellaneous Fee rate (as defined therein) for Empty Container Facility services shall not exceed five percent (5%) of the Miscellaneous Fee rate then in effect or the Cost Adjustment (as defined therein) applied to the Miscellaneous Fee 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 5 (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 container facility on PHA property within Barbours Cut Terminal. Upon expiration of the current lease between PHA and the lessee of the Empty Container Facility, PHA or PHA’s designee will provide empty container handling services to Carrier as defined in the Tariffs at its facilities using the rates provided in Section 3 of this Agreement. As long as Carrier’s empty container handling services are provided by PHA and no other party, Carrier will be provided an empty handling and space allocation inside the restricted area of the Terminals of no greater than 2.5% of the total loaded containers defined in the calculation provided in Section 3.f.(iv) of this Agreement, converted to TEUs for the purpose of determining the allocation (the “Empty Container Space Allocation”). In the event the actual empty inventory exceeds the Empty Container Space Allocation, PHA will provide a seven-day notice to Carrier to reduce its inventory. If the actual inventory is not reduced to an amount within the Empty Container Space Allocation after expiration of the seven-day notice period, no additional empty container units will be allowed into the container yard until such time as the inventory is reduced to an amount within the Empty Container Space Allocation. If at any point in the 30-day period following the seven-day notice, the empty container inventory exceeds the Empty Container Space Allocation, PHA may, in its sole and absolute discretion and without providing additional notice, prohibit any additional empty container units into the container yard until the inventory is reduced to an amount within the Empty Container Space Allocation. PHA retains the sole and absolute discretion to, on a case-by-case basis, allow empty container inventories greater than the Empty Container Space Allocation. Maintenance and repair work for containers, chassis, refrigerated containers, and any other ancillary work not offered by PHA may be obtained by Carrier as described in the Tariffs.

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 Carriers’ 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 CarrierCarriers, to meet vessel movements as reasonably designated by each Carrier, subject to the ability of the Empty Container Facility empty container facility to accommodate such movementsmovements (the “PHA Empty Container Services”). 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 empty container yard services shall be negotiated and contracted separately between each Carrier and the Empty Container Facility its/their designated empty container yard 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 such private empty container facility operator, including without limitation the permitted capacity of the Empty Container Facilitysuch 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 such private empty container facility operator shall provide that any annual increase in rates for Empty Container Facility empty container yard services shall not exceed the greater of five percent (5%) of the rate then in effect, or the Cost Adjustment applied to the rate then in effect. b. Carrier or Carriers may at its their option obtain services for depot services and maintenance and repair work for empty refrigerated containers and tanks outside of the designated Empty Container Facility 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. Each 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 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 container facility on PHA property within Barbours Cut Terminal.