Common use of Port Clause in Contracts

Port. (1) The Company shall ship such portion of its nickel containing products as are destined for overseas users through the port of Esperance or such other port in the State of Western Australia as the State may approve and shall provide at no cost to the State all necessary unloading, storage, reclaiming, and ship loading equipment and all other facilities required at the port of Esperance to carry out its obligations hereunder. The Company shall provide facilities as necessary and carry out its operations at the port in accordance with its proposals as submitted to and approved by the Minister hereunder. (2) The Company may as an alternative to subclause (1) of this Clause negotiate with third parties already operating at the port of Esperance with a view to sharing at no cost to the State port facilities already provided by others. (3) The Company shall pay to the Esperance Port Authority created pursuant to the Esperance Port Authority Act 1968 all charges properly and lawfully levied by that Authority from time to time. (4) The Company shall design and operate its train unloading, stockpiling, reclaiming and ship loading facilities at the port of Esperance so as to avoid dust nuisance and loss of nickel concentrates during handling and storage operations. (5) Subject to the provisions of this Clause, the State shall permit the Company to load into ships over the Esperance wharf, nickel-containing products and shall cause the usual services to be provided to such ships at the charges provided under the relevant regulations and by-laws.

Port. (1) The Company shall ship such portion of its nickel containing products as are destined for overseas users through the port of Esperance or such other port in the State of Western Australia as the State may approve and shall provide at no cost to the State all necessary unloading, storage, reclaiming, and ship loading equipment and all other facilities required at the port of Esperance to carry out its obligations hereunder. The Company shall provide facilities as necessary and carry out its operations at the port in accordance with its proposals as submitted to and approved by the Minister hereunder. (2) The Company may as an alternative to subclause (1) of this Clause negotiate with third parties already operating at the port of Esperance with a view to sharing at no cost to the State port facilities already provided by others. (3) The Company shall pay to the Esperance Port Authority created pursuant to the Esperance Port Authority Act 1968 all charges properly and lawfully levied by that Authority from time to time. (4) The Company shall design and operate its train unloading, stockpiling, reclaiming and ship loading facilities at the port of Esperance so as to avoid dust nuisance and loss of nickel concentrates during handling and storage operations. (5) Subject to the provisions of this Clause, the State shall permit the Company to load into ships over the Esperance wharf, nickel-nickel- containing products and shall cause the usual services to be provided to such ships at the charges provided under the relevant regulations and by-laws.