Hazardous Cargo. The Operator shall not be obliged to handle Cargo that is prohibited by any of the Applicable Laws.
(a) Subject to this clause, with respect to Hazardous Cargo or any Cargo listed as restricted by the Customer, the Operator and the Customer must agree in writing upon arrangements for handling such restricted Cargo prior to the arrival of the Cargo.
(b) Subject to this clause, with respect to all Hazardous Cargo, the Operator may impose charges to recover extra costs incurred, including costs for labour delay time, and special insurance or handling procedures required by laws or Good Industry Practice.
(c) Without limiting the generality of the foregoing, any Container loaded with Dangerous Goods shall prior to discharge or delivery to The Terminal operator be clearly marked in accordance with all applicable local and/or international codes.
(d) Class Acceptable to landing, or stowed, in Terminal yard in accordance with latest IMDG local regulation in-force all classes and UNNO, except class 1; class 7; and class 5. Prior arrival of those, shipping line is obliged to submit all details [2 (two) days] prior arrival, including port authority approval.
(e) In case of wrong declaration of IMDG class, UNNO, by consignee, shipper or vessel operator, the Operator may impose charges to recover extra costs incurred.
Hazardous Cargo. ABX may reasonably refuse to operate an Aircraft loaded with any cargo that cannot be transported in accordance with applicable dangerous goods and hazardous materials regulations; or any cargo which reasonably would endanger the safety of the flight; or any cargo which is not reasonably loaded within the cubic capacity of the Aircraft; or any cargo which exceeds the operational weight limitation of the Aircraft.
Hazardous Cargo. Groundco has the right to tender for transport on the Aircraft cargo of a dangerous, hazardous or offensive nature provided that (i) such cargo is properly identified, packed, marked, labeled and placarded in accordance with applicable IATA and ICAO/FAA dangerous goods and hazardous materials regulations and is accompanied by a duly signed "shippers declaration of dangerous goods,"
Hazardous Cargo. 12 Section 5.1 Hazardous Cargo..................................................................12
Hazardous Cargo. Charterer shall not tender to Carrier any cargo which is hazardous or dangerous without prior notification to and the assent of Carrier, verbal or otherwise, with Charterer to be responsible for a full disclosure of the nature of the cargo, any hazards/dangers associated therewith, special handling/packing/ packaging, and compliance with all regulatory requirements. Notwithstanding acceptance of such cargo by Carrier for shipment, Charterer shall remain responsible for all loss and damage resulting from the hazardous/dangerous character of said cargo, whether to Carrier and/or its employees and property or to other persons or property.
Hazardous Cargo. In the event a container contains hazardous cargo, Customer must certify that all appropriate federal regulations governing the transportation of such hazardous materials, including, but not limited to regulations concerning loading of cargo in containers, blocking and bracing, placarding, commodity mix and commodity packaging. Failure to comply with such regulations shall make Customer liable for all loss or damage sustained by ESI, its employees, or by third parties resulting in whole or in part from such failure to comply. Customer shall further indemnify and hold harmless ESI from the cost of any spill, response, mitigation, clean-up and ultimate disposal expense resulting from such failure to comply. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from railroads premises due to the causes set forth in this section, Customer, at its expense, shall be obligated to clean the premises to the satisfaction of railroad and any governmental body having jurisdiction thereover. Customer agrees to indemnify, hold harmless and defend ESI against all liability, cost and expense (including without limitation any fines, penalties, judgments, litigation costs and attorney’s fees) incurred by ESI as a result of Customers breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during or after the contract of carriage between ESI and Customer except to the extent that such liability, cost or expense is proximately caused by the active negligence of ESI or railroad. Customer shall pay all amounts due ESI under this rule within thirty (30) days after such amounts become due. Additionally, effective January 1, 1991, the following requirements must be met by all Customers of hazardous cargo: 49 CFR 172.604(A) A person who offers a hazardous material for transportation must provide a 24-hour emergency response telephone number (including the area code or international access code) for use in the event of an emergency involving the hazardous material. The telephone number must be:
1. Monitored at all times. The number of a person who is knowledgeable of the hazards and characteristics of the hazardous material being shipped, has comprehensive emergency response accident mitigation information for that material or has immediate access to a person who possess such knowledge and information.
Hazardous Cargo. Customer shall not use equipment for the transportation of cargoes hazardous or dangerous in nature without the prior consent of Operator.
Hazardous Cargo. 5.2.1. Unless agreed in writing, the Client shall not deliver to MARTRADE, or cause MARTRADE to deal with or handle Hazardous Cargo.
5.2.2. If the Client is in breach of Section 5.2.1:
a) the Client shall be liable for all loss or damage whatsoever caused by or to or in connection with the Cargo howsoever arising;
b) the Client shall defend, indemnify and hold harmless MARTRADE against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith; and
c) MARTRADE (or any other person in whose custody the Cargo may be in at the relevant time) may, at MARTRADE’s sole discretion, have the Cargo destroyed or otherwise dealt with. For the purposes of this sub-clause, notice is not required to be given to any person of the intention to destroy or otherwise deal with the Cargo.
Hazardous Cargo. CUSTOMER shall take all steps necessary to prevent incorporation of any hazardousor noxious substances into cargo to be towed by INTRACOASTAL MARINE, LLC, and shall comply with all local, state and federal laws and regulations pertaining to the carriage of hazardous or noxious substances (“Hazardous Materials”). CUSTOMER shall arrange at its own cost to provide INTRACOASTAL MARINE, LLC and the TUG with all necessary licenses, permits, authorizations and permits required by the TUG and the TOW to undertake and complete any voyage under this Agreement, together with allnecessary certification for the TOW to enter or leave all or any ports of call or refuge. CUSTOMER shall comply with all regulations or requirements of the United States Government and governing state law, as appropriate, and shall bear and pay all taxes, fines, expenses or losses incurred or suffered by reason of any failure to so comply. CUSTOMER further agrees to protect, defend, indemnify and hold harmless INTRACOASTAL MARINE, LLC, its TUG(s), and its captain/master and crew against the results of any breach of such obligations by CUSTOMER.
