Temporary Discount on Containers Containing Transshipment Merchandise Sample Clauses

Temporary Discount on Containers Containing Transshipment Merchandise. Notwithstanding any provision of this Agreement to the contrary, subject to the provisions of Section 5.3.5.4, commencing in the Compensation Year in which this First Amendment becomes effective and until terminated by Board, the charges due and owing from Tenant to City on containers containing Transshipment Merchandise, as that term is defined in Item No. 515 of the Tariff, shall be reduced by fifty percent (50%) from the charges otherwise applicable to such containers had this Fourth Amendment not been issued and approved by Board and Council. Eligibility of containers to receive such discount shall be determined by City in its sole and absolute discretion. Such temporary discount shall only be applied against First Incremental TEU Charges and Second Incremental Charges to the extent that Tenant’s payment obligations do not fall below the applicable Fourth Amendment MAG for a given compensation year, and shall not be applied to reduce the Fourth Amendment MAG.
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