Part Cargo Apportionment Sample Clauses

Part Cargo Apportionment. If the Vessel is loading any part cargo for other parties at the same berth, then any time used by the Vessel waiting at or for such berth and in loading which would otherwise count as used laytime, and after applying any laytime exclusions allowed by the governing terms, shall be pro-rated. The proration will be determined by the Seller’s loaded Cargo volume divided by the total cargo volume loaded by the Vessel at the berth. If supporting documentation, such as time sheets, statements of facts or inspection reports, allows the Parties to identify each and every counterparty’s parcel, then the following will apply:
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Part Cargo Apportionment. Whenever this Agreement covers Product which is among other cargoes to be loaded or discharged by the Vessel at the same port, and the Vessel is waiting to berth or is waiting in berth for cargo handling to commence or re-commence, or is diverted on account of ice or other risks for which diversion is authorized, then laytime and time on demurrage shall be apportioned on the basis of the ratio of the tonnage of this cargo to the total tonnage of all such affected cargoes. All time used solely for loading or discharge of the other cargoes shall be excluded from laytime and time on demurrage under this Agreement. Whenever this Product and other cargo(es) are being loaded or discharged simultaneously, laytime and time on demurrage during periods of concurrent cargo handling shall be apportioned based on the ratio of the tonnage of this Product to the total tonnage of all such cargoes subject to concurrent cargo handling.

Related to Part Cargo Apportionment

  • Apportionment Taxes and all other periodic realty costs, if any, shall be apportioned pro rata as of the Closing Date. All taxes shall be considered to be on a calendar year basis, with the exception of school taxes, which will be pro-rated on a fiscal year basis. Seller will pay for all days up to and including the Closing Date, and Purchaser will pay for all days following the Closing Date.

  • Wage Schedule ‌ The pay rate (including increments and stated extras) as agreed to and hereinafter in this Schedule provided, shall be in effect during the term of the Agreement, from April 1, 2019 to March 31, 2022.

  • Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

  • Apportionments 12.01. The following apportionments shall be made between the parties at the Closing as of the close of business on the day prior to the Closing Date:

  • Overtime Calculation For the purpose of overtime calculation only, approved or scheduled time off work will be considered the same as time worked.

  • Shift Schedule The words "shift schedule" when used in this Agreement shall mean a timetable of the shifts and off days assigned to a position or group of positions which commences at the beginning of a pay period and includes one complete rotation of said shifts.

  • Allocation Following the Closing, Purchaser shall prepare and deliver to Sellers an allocation of the aggregate consideration among Sellers and, for any transactions contemplated by this Agreement that do not constitute an Agreed G Transaction pursuant to Section 6.16, Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets, prepared in accordance with Section 1060, and if applicable, Section 338, of the Tax Code (the “Allocation”). The applicable Seller shall have thirty (30) days after the delivery of the Allocation to review and consent to the Allocation in writing, which consent shall not be unreasonably withheld, conditioned or delayed. If the applicable Seller consents to the Allocation, such Seller and Purchaser shall use such Allocation to prepare and file in a timely manner all appropriate Tax filings, including the preparation and filing of all applicable forms in accordance with applicable Law, including Forms 8594 and 8023, if applicable, with their respective Tax Returns for the taxable year that includes the Closing Date and shall take no position in any Tax Return that is inconsistent with such Allocation; provided, however, that nothing contained herein shall prevent the applicable Seller and Purchaser from settling any proposed deficiency or adjustment by any Governmental Authority based upon or arising out of such Allocation, and neither the applicable Seller nor Purchaser shall be required to litigate before any court, any proposed deficiency or adjustment by any Taxing Authority challenging such Allocation. If the applicable Seller does not consent to such Allocation, the applicable Seller shall notify Purchaser in writing of such disagreement within such thirty (30) day period, and thereafter, the applicable Seller shall attempt in good faith to promptly resolve any such disagreement. If the Parties cannot resolve a disagreement under this Section 3.3, such disagreement shall be resolved by an independent accounting firm chosen by Purchaser and reasonably acceptable to the applicable Seller, and such resolution shall be final and binding on the Parties. The fees and expenses of such accounting firm shall be borne equally by Purchaser, on the one hand, and the applicable Seller, on the other hand. The applicable Seller shall provide Purchaser, and Purchaser shall provide the applicable Seller, with a copy of any information described above required to be furnished to any Taxing Authority in connection with the transactions contemplated herein.

  • Timber Cut Through Mistake Undesig- nated timber meeting Utilization Standards, cut by Pur- chaser through mistake and included by Contracting Offi- cer under B2.14, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such ma- terial is not listed in A2. In such event, Contracting Offi- cer, in accord with standard Forest Service methods, shall establish rates to be paid.

  • SETTLEMENT OF DIFFERENCES (1) Differences arising out of the interpretation, operation and implementation of this Agreement, at any and all levels of participation, will be settled amicably through consultation between the Parties.

  • Price Schedule, Payment Terms and Billing, and Price Adjustments (a) Price Schedule: Price Schedule under this Contract is set forth in Exhibit B.

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