Common use of Parties' Rights and Obligations Clause in Contracts

Parties' Rights and Obligations. (a) A Party may advise any other Party at any time of the need for, or the availability of, vessel capacity for charter pursuant to this Agreement. Except as provided in paragraph (b) below, an Owner may charter to another Party capacity under the Owner's operational control on any transpacific, feeder, relay or other vessel utilized for transportation of cargo. (b) Any Party not entitled to vote on Agreement matters may not charter vessel capacity from another Party pursuant to this Agreement until its right to vote is restored; and, no Party shall so charter capacity to any Party not entitled to vote. (c) A charter of capacity hereunder shall be of a duration not longer than 90 days, or until completion of a voyage commenced during such 90-day period on which capacity is chartered, whichever is later. (d) A Charterer shall pay any monetary obligations incurred to an Owner hereunder no later than the time agreed between the Owner and the Charterer, but if not other-wise agreed no later than 30 days after the ocean transportation on a particular vessel is completed. (e) Nothing herein shall be construed as a demise or partial demise of any vessel of any Party. At all times during any voyage on which cargo, containers or other equipment are carried pursuant to a charter hereunder, the Master, his delegates, the officers and crew shall be and remain the employees and agents of the owner and not the employees or agents of the Charterer. (f) Cargo shipped under a charter pursuant to this Agreement shall be consigned to the Charterer and transported by the Owner on a contract basis. (g) For purposes of implementing charters under this Agreement, any Party who participates in a charter or similar arrangement in the Trade with another Party or Parties pursuant to a separate agreement filed and effective in accordance with the regulations of the FMC shall be permitted to discuss and agree on common positions regarding charters hereunder. (h) Applicable laws, regulations, orders, resolutions and such other governmental policies requiring cargo to be carried in whole or in part by a national-flag carrier shall be observed, or appropriate waivers obtained. (i) The Parties shall establish suitable, timely reporting to the Secretariat of charter activities under the Agreement.