Common use of Overview of Agreement Authority Clause in Contracts

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 Venezuela, the Atlantic Coast of Colombia, and Trinidad. (c) Meetings and other actions under this Agreement shall be conducted on a section-by-section basis. (d) For purposes of this Agreement, the parties, or any of them, may meet in person, by telephone or by internet connection and may exchange information by written, fax or internet exchanges. Some or all of the parties may also meet jointly with shippers, forwarders, regulators, or other persons or organizations relating to any matter within the scope of this Agreement. (e) No party shall be bound to adhere to any agreement or decision reached under this Agreement, except as set forth in Article 6(b). (f) This Agreement does not authorize the parties to publish a joint tariff.

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 of 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 forwarder, and all other types of charges, allowances, freight adjustments, commissions commissions, and payments, (iv) (v) equalization, alternative alternate 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, ECSA Section relating to the sub-trades to and from Argentina, and (iii) the NCSA Section, Section relating to the sub-trades to and from Venezuela, the Atlantic Coast of Colombia, and Trinidad. (c) Meetings and other actions under this Agreement shall be conducted on a section-by-section basis. (d) For purposes of this Agreement, the parties, or any of them, may meet in person, by telephone or by internet connection and may exchange information by written, fax or internet exchanges. Some or all of the parties may also meet jointly with shippers, forwarders, regulators, or other persons or organizations relating to any matter within the scope of this Agreement. (e) No party shall be bound to adhere to any agreement or decision reached under this Agreement, except as set forth in Article 6(b). (f) This Agreement does not authorize the parties to publish a joint tariff. (g) The parties are authorized to enter into understandings or arrangements implementing this Agreement; provided that no such arrangement 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.

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 Venezuela, the Atlantic Coast of Colombia, and Trinidad. (c) Meetings and other actions under this Agreement shall be conducted on a section-by-section basis. (d) For purposes of this Agreement, the parties, or any of them, may meet in person, by telephone or by internet connection and may exchange information by written, fax or internet GULF/SOUTH AMERICA DISCUSSION AGREEMENT FMC AGREEMENT NO. 011707-015 MODIFICATION NO. 15 3RD REVISED PAGE NO. 2 exchanges. Some or all of the parties may also meet jointly with shippers, forwarders, regulators, or other persons or organizations relating to any matter within the scope of this Agreement. (ec) No party shall be bound to adhere to any agreement or decision reached under this Agreement, except as set forth in Article 6(b). (fd) This Agreement does not authorize the parties to publish a joint tariff. (e) Any two or more of the parties may jointly enter into service contracts for cargo moving in the Trade or any portion thereof. The parties may also adopt voluntary, non-binding guidelines relating to the terms and procedures of a party’s or parties’ service contracts, which guidelines shall be submitted to the Federal Maritime Commission confidentially. The parties are not required hereunder to agree upon, or if they do agree to adhere to, any agreement relating to any rates, charges, practices, conditions of service, or other matters discussed hereunder. (f) Any two or more parties may charter space among themselves on vessels operated by them for cargo moving in the Trade provided that such charter is on an ad hoc, interim (i.e. for a term not exceeding 90 days), sporadic or emergency basis. The parties may agree on such other terms and conditions as they may agree, and in that connection may jointly establish sailing schedules, port rotation, and sailing limitations and jointly advertise sailings on each other’s vessels. For each calendar quarter, the parties shall submit to the Federal Maritime Commission on a confidential basis a report specifying, for each such space charter under which cargo moved during the quarter, (i) the names of the parties from and to which space was chartered, (ii) the amount of space chartered expressed in twenty-foot equivalent units (TEUs), (iii) the commencement and (if applicable) termination dates, and (iv) the ports of loading and discharge. (g) The parties are authorized to enter into understandings or arrangements implementing this Agreement; provided that no such arrangement requiring filing under Section 5 of the Shipping Act of 1984 shall become effective unless and until it has been filed and become effective thereunder.

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 xxxxxxxxxxx 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 Venezuela, the Atlantic Coast of Colombia, and Trinidad. (c) Meetings and other actions under this Agreement shall be conducted on a section-by-section basis. (d) For purposes of this Agreement, the parties, or any of them, may meet in person, by telephone or by internet connection and may exchange information by written, fax or internet exchanges. Some or all of the parties may also meet jointly with shippers, forwarders, regulators, or other persons or organizations relating to any matter within the scope of this Agreement. (e) No party shall be bound to adhere to any agreement or decision reached under this Agreement, except as set forth in Article 6(b). (f) This Agreement does not authorize the parties to publish a joint tariff.