Temporary Discount on Empty Containers Sample Clauses

Temporary Discount on Empty Containers. Notwithstanding any other provision of this Agreement to the contrary, until terminated by Board, the First Incremental Premises TEU Charges and Second Incremental Premises TEU Charges applicable to empty cargo containers, inbound or outbound only, and not the Fourth Amendment MAG, shall be discounted as illustrated in Exhibit "O-2,” entitled "Discount on Empties Exceeding 20% of Incremental Volume,” which is attached hereto and incorporated herein by reference. Within sixty (60) days of the end of the Compensation Year in which such discount is applicable, City shall verify the percentage of empty containers included in Tenant’s total Premises t Eu throughput for such Compensation Year ("Actual Empty Percentage”). The percentage of empty containers in excess of twenty percent (20%) of Tenant’s total throughput ("discounted empties”) shall then be excluded from only the incremental Premises TEUs applicable during such Compensation Year. The number of discounted empties shall be charged at the rate per TEU for empty containers (not exceeding (7) meters overall length) set forth in Item No. 550-[A]031 of the Tariff. City shall prepare an adjusted billing for total First Incremental Premises TEU Charges and Second Incremental Premises TEU Charges paid by Tenant during such Compensation Year, reflecting the combined total of 5.3.1 TEU Charges plus 5.3.1 Tariff Charges for the combined total of 5.3.1 TEU Charges plus 5.3.1 Tariff Charges for the discounted empties. Tenant shall be issued a credit for the difference between the original billing and adjusted billing. 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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