Overview of Agreement Authority. (a) The parties are authorized to exchange information, meet, consult, discuss and where appropriate enter into consensus or agreement upon the terms and conditions of their respective tariffs, service contracts and other transportation contracts, rates, charges, rules, practices and other aspects of the services provided by them or other carriers in the Trade, whether or not contained in a tariff or service contract, and any other aspects of the Trade, including: (i) tariffs, service contracts based upon volume or share of cargo, volume incentive programs, time volume arrangements, bills of lading, and all other types of transportation contracts, (ii) voluntary rate guidelines relating to the terms and procedures on service contracts entered into by one or more parties, provided that the guidelines explicitly state the rights of the parties not to follow the guidelines (it being understood that any such guidelines shall be confidentially submitted to the U.S. Federal Maritime Commission), (iii) (ii) port-to-port, intermodal, overland, landbridge, interior point, proportional, through, combination, joint, minimum, maximum, volume, time/volume, project, ad valorem, commodity, FAK and all other types of rates, (iii) (iv) currency adjustment, fuel adjustment, interest, terminal, demurrage, detention, consolidation, equalization, broker, freight forwarder and all other types of charges, allowances, freight adjustments, commissions and payments, (iv) (v) equalization, alternative port service, vessel sailings and movements, receipt, storage, handling and delivery of cargo or equipment, shipper credit, collection, equipment use and rental, free time practices, commodity classifications, and all other types of practices or terms and conditions of carriage of cargo, (v) (vi) vessel charter hire and terms and conditions, vessel fuel and incidental expenses, and stevedoring and other port expenses, and (vi)
(vii) all other aspects of the Trade, including cargo carryings, revenue, competition, shippers, trade flows and trends, commodities, legislation, regulation, agents, terminal facilities and practices, and equipment movements and availability.
(b) This Agreement shall be divided into the following three sections: (i) the WCSA Section, relating to the sub-trades to and from the Pacific Coast of Colombia, Ecuador and Chile, (ii) the ECDA Section, relating to the sub-trades to and from Argentina, and (iii) the NCSA Section, relating to the sub-trades to and from Ven...
Overview of Agreement Authority. 5.1 The parties, or any of them, are authorized, but not required, to meet, exchange and discuss and reach consensus or agreement upon uniform or differential transportation rates, charges, classifications, rules, service items including arranging or not arranging inland transport, freight compensation, credit and per diem terms and conditions, rates and terms of service contracts, practices and any other term or condition relating without limitation to any aspect of ocean transportation or common carrier in the Trade, whether or not such rates, charges, classifications, etc. are required to be included in a or a contract. Matters subject to this authority include, but are not limited to, port-to-port rates, overland rates, volume rates, port area rates, through rates, interior point intermodal rates and minilandbridge rates for service in the Trade. The parties are not authorized to publish a Pacific Islands Discussion Agreement FMC Agreement No. 000-000000-000 Original Page No. 3 common tariff. The parties shall have no obligation to adhere, other than voluntarily, to any consensus or agreement reached under the authority of this Article 5.1. If any party shall decide not to adhere to any such consensus or agreement, it shall endeavor to promptly notify each other party of such decision.
5.2 The parties, or any of them, are authorized to meet, exchange information, and to discuss, negotiate and agree upon the formulation of any lawful agreement permitting the rationalization of service, equipment or capacity in all or any part of the Trade, by joint service, or otherwise; provided that no such agreement may become effective until all governmental conditions required to be fulfilled prior to its effectiveness have been fulfilled.
5.3 The parties, or any of them, are authorized to charter space on their respective vessels in the Trade each other at such rates as may be agreed to from time to time by a two-thirds vote of all parties. Other terms and conditions of such space charter arrangements shall be determined by the parties involved, unless two thirds of the parties vote to establish such terms and conditions, in which case they shall govern any such arrangements. The parties may also exchange, interchange and lease empty containers, chassis and other like equipment among themselves, at rates, terms and conditions as may be agreed to by the parties involved, unless two thirds of the parties vote to establish such terms and conditions, in which case the...
Overview of Agreement Authority. 5.1 The parties are authorized to charter space to and from each other in the Agreement Trade on an “as needed/as available” basis, up to the full reach of a vessel, on vessels owned, chartered, or managed by them, on such terms and conditions as the parties may agree from time to time. To facilitate efficient operations under this Agreement, the parties may discuss and agree upon their space requirements and the availability of such space in vessels owned, chartered, or managed by the parties. The place and timing of the provision of space; procedures for booking space, for documentation, for special cargo handling instructions or requirements, and for other administrative matters relating to chartering and transportation provided under this Agreement; and the terms and conditions for the use or interchange of equipment useful in the carriage of cargo in the Trade covered by this Agreement.
5.2 Compensation for any space chartered pursuant to this Agreement shall be upon such terms and at such hire (expressed either as a fixed sum or as a percentage of freight) as the parties may from time to time agree. Billing and payment terms and conditions shall also be as agreed between the parties from time to time.
5.3 The Parties may discuss and agree upon the terminal(s) to be called by the vessels operated hereunder as well as the stevedore(s) that will service such vessels, and/or the volume of cargo to be handled by such terminals or stevedores. In furtherance of the foregoing, the Parties are authorized to discuss, exchange information, and/or coordinate negotiations with marine terminal operators or stevedores relating to operational matters such as port schedules and berthing windows; availability of port facilities, equipment and services; contract duration; adequacy of throughput; and the procedures of the interchange of operational data in a legally compliant matter. Nothing herein, however, shall authorize the parties jointly to operate a marine terminal in the United States nor to jointly negotiate for or jointly procure terminal services at U.S. ports.
5.4 The parties are authorized to exchange information on any matter within the scope of this Agreement and to reach agreement on any and all administrative and operational functions related hereto including, but not limited to, forecasting, terminal operations, stowage planning, insurance, liability, cargo claims, indemnities, the terms of their respective bills of lading, failure to perform and force...
Overview of Agreement Authority. 5.1 NYK BULK & PROJECTS is authorized to charter slots to CHINA NAVIGATION in the Agreement Trade, on vessels owned, chartered, or managed by them, on such terms and conditions and for such compensation as may be agreed among the Parties. NYK BULK & PROJECTS will sell slots to CHINA NAVIGATION on a used/unused basis. CHINA NAVIGATION is not authorized to sub-charter slots to any third parties. NYK BULK & PROJECTS will charter slots to CHINA NAVIGATION commencing on or about April 1.2017. NYK BULK & PROJECTS shall provide CHINA NAVIGATION with, during the period of this Agreement, available container slot of Vessel at the time of receiving booking request. NYK BULK & PROJECTS shall not guarantee the fixed allocation nor shall
Overview of Agreement Authority. (a) Xxxxxxx shall charter to GWF space for the carriage in the Trade of a maximum of 25 forty-foot equivalent container units (“FEUs”) per week. The Parties may also pool, lease or sublease containers or other equipment to each other.
(b) The Parties are authorized to consult and agree in writing upon such general operational, administrative and accounting matters and other related terms and conditions concerning the implementation of this Agreement as may be necessary or convenient from time to time, including, but not limited to, performance procedures and penalties, procedures for allocating space, forecasting, stevedoring and terminal operations, stowage planning, recordkeeping, responsibility for loss or damage, payment amounts and procedures, force majeure circumstances, insurance, liabilities, claims, indemnification, security charges and related security matters, stowaways and treatment of reefer and/or hazardous and dangerous cargoes; provided, however, that no agreement requiring filing under Section 5 of the U.S. Shipping Act of 1984 (the “Act”) shall become effective unless and until it has been filed and become effective under the Act.
(c) Nothing herein or in any charter of space pursuant hereto shall be construed as a demise or partial demise of a vessel. At all times during any voyage on
Overview of Agreement Authority. 4.1 LAC and PRT are authorized to agree on and implement the organization of PNT as a Puerto Rico limited liability company. PNT shall operate as a Marine Terminal Operator. PNT’s organization and procedures are determined by PNT’s formational documents, as agreed, amended and supplemented by the Parties. The PNT members are LAC and PRT.
4.2 PNT shall conduct container stevedoring, ro/ro stevedoring, terminal, container freight station and equipment maintenance and repair operations, and activities incidental thereto, at San Xxxx, Puerto Rico. The Parties may discuss, agree and take any actions in furtherance of or related PNT’ stevedoring, terminal, container freight station and equipment and maintenance operations, and activities incidental thereto, including but not limited to the following:
a. Hold permits and leases necessary to operate the terminal.
b. Establish operating procedures for the terminal.
c. Establish rates, charges and competitive practices.
d. Publish marine terminal schedules.
e. Publish marine terminal tariffs f. Negotiate and enter into agreements concerning marine terminal facilities and/or services, marine terminal conference agreements and/or agreements to provide stevedoring, maintenance and repair and other related services, subject to any applicable governmental filing requirements.
g. Take measures necessary or appropriate to comply with the applicable governmental requirements, including with respect to terminal security.
h. Either directly or through subcontractors, hire labor, including union labor, for its operations.
i. Either directly or thorough subcontractors, own and/or lease and operate cranes, lift machines, trucks and other equipment and gear incident to PNT’s purposes.
j. Either directly or through subcontractors, operate, pursuant to lease, sublease, assignment, subassingment, purchase or acquisition, terminal facilities and operations connected with such facilities at the Port of San Xxxx, Puerto Rico.
k. Enter into agreements in its own name to obtain services and materials required for such operations. Such services and materials may include:
i. Payroll, coordination of external audits, billing, and accounts payable;
ii. Tax services, such as the preparation and filing of, and assistance with respect to, tax returns and reports to the Internal Revenue Service;
iii. Legal services;
iv. Insurance services, including assistance in designing, obtaining and negotiating insurance policies;
v. Property management ser...
Overview of Agreement Authority. (a) Each Party is authorized to charter space to the other Party in the Trade. The Parties will meet and confer from time to time to determine the amount of such space and the terms and
Overview of Agreement Authority. Seaboard shall charter to King Ocean, and King Ocean shall purchase from Seaboard, on a used/not used basis, space for 20 TEUs on each weekly round voyage of the vessel that Seaboard operates in the Trade. The Parties are authorized to discuss and agree on the terms and conditions of the chartering of such space, including the number of reefer plugs to be made available to King Ocean. King Ocean may use the space made available under this Agreement for the carriage of cargo and containers southbound and northbound shall be limited to empty containers only.
Overview of Agreement Authority. (a) ACF is authorized to charter to Xxxxxxx space in the Trade on an “as needed/as available basis.” guaranteed basis thirty slots per week out of Dominican Republic, and fifteen slots per week out of Puerto Rico. For slots above the guaranteed amounts, space may be chartered to ORIGINALFIRST REVISED PAGE NO. 2 Xxxxxxx on a space available, ad hoc basis on each of two weekly northbound and two weekly southbound sailings. The parties will meet and confer from time to time to determine the amount of such space and the terms and conditions under which such space will be chartered hereunder.
(b) Xxxxxxx is authorized to utilize the same marine terminals and stevedores at those ports at which ACF provides service; provided that nothing herein shall authorize the parties jointly to operate a marine terminal facility in the United States. The slot rates are inclusive of terminal and stevedoring cost but exclusive of the Enhanced Security Fee payable to the Puerto Rico Ports Authority. Xxxxxxx is responsible for pick up, delivery, and dispatch of its cargo to/from ACF’s terminals.
(c) The parties are authorized to discuss and agree upon routine operational and administrative matters including, but not limited to, procedures for allocating space; the handling of breakbulk, out-of-gauge and dangerous/hazardous cargoes; forecasting; stevedoring and terminal operations; recordkeeping; responsibility for loss, damage or injury (including provisions of bills of lading relating to same); the interchange of information and data regarding all matters within the scope of this Agreement; terms and conditions for force majeure relief; insurance, guarantees, indemnification; the resolution of claims; and compliance with customs, safety, security, documentation, and other regulatory requirements.
(d) The parties are authorized to make such other provisions as arc necessary or desirable for the effective operation of this Agreement; provided that no such provision requiring filing under Section 5 of the U.S. Shipping Act of 1984 shall become effective unless and until it has been filed and become effective thereunder.
(e) Nothing herein or in any charter of space pursuant hereto shall be construed as a demise or partial demise of any vessel, At all times during any voyage on which cargo, containers or other equipment are carried pursuant to the terms of this Agreement, the Master, his delegates, the officers and crew shall be and remain the employees and or agents of the carrier...
Overview of Agreement Authority. 4.1 LAC and PRT are authorized to agree on and implement the organization of PNT as a Puerto Rico limited liability company. PNT shall operate as a Marine Terminal Operator.PNT communications and transactions with carrier customers and other parties. PNT’s organization and procedures are determined by PNT’s formational documents, as agreed, amended and supplemented by the Parties. The PNT members are LAC and PRT.
4.2 PNT shall conduct container stevedoring, ro/ro stevedoring, terminal, container freight station and equipment maintenance and repair operations, and activities incidental thereto, at San Xxxx, Puerto Rico. as described herein, in order to serve the carrier customers of LAC and PRT, utilizing the marine terminal facilities furnished by LAC and PRT. The Parties may discuss, agree and take any actions in furtherance of or related PNT’to stevedoring, terminal, container freight station and equipment and maintenance, including PNT’s operations, and activities incidental thereto, including but not limited to the following:
a. Hold such licenses and permits and leases necessary to operate the terminalterminals.
b. Establish operating procedures for the terminal facilities and services.
c. EstablishDiscuss and agree on common rates, charges, terms of service and competitive practices.
d. PublishDiscuss, agree on and publish marine terminal operator schedules. e.d. Publish marine terminal (i.e., tariffs).
