Common use of Preferential Berthing Clause in Contracts

Preferential Berthing. a. Carrier shall have the right to berth any of its vessels at a wharf named by PHA at Barbours Cut Terminal provided the wharf is fitted with neo-panamax cranes (the “Preferential Berth”), on the terms provided herein (the “Preferential Berth Rights”) and provided that the Carrier notifies the PHA’s Terminal Manager, or his designee, in writing of the schedule arrival time of such vessel (a “Preferential Vessel”) at least forty-eight (48) hours in advance of such arrival. Once the Preferential Berth is established, the berth will not change unless mutually agreed to by the parties. Whenever requested by Carrier, PHA shall also be required to provide the Preferential Berth Rights to any vessel operated by or on behalf of any of Carrier’s vessel sharing partners, where at least fifty percent (50%) on average of the containers to be loaded or discharged from such service vessels (individually, a “Shared Vessel”) at the Terminals are Carrier’s containers. Unless an alternate berth is mutually agreed upon, Carrier shall use the Preferential Berth any time a Preferential Vessel or a Shared Vessel arrives.