Common use of TRAFFIC MITIGATION FEE Clause in Contracts

TRAFFIC MITIGATION FEE. A. Each Container of Import Cargo or Export Cargo that enters or leaves any Terminal Facility of a WCMTOA member at the Port of Los Angeles/Long Beach identified in Rule 3 hereof shall be assessed a traffic mitigation fee (the “Fee”) of: U.S.$70.49 per 20-foot Container U.S.$140.98 per all other sizes of Container The foregoing Fee shall not be applicable to or paid by: (i) Empty Containers or empty chassis; (ii) Import or Export Cargo entering or leaving any Terminal Facility during Off-Peak Hours; (iii) Import Cargo or Export Cargo that transits the Alameda Corridor in a Container and is subject to a fee imposed by the Alameda Corridor Transportation Authority; and (iv) Transshipment Cargo. B. The foregoing Fee will be reviewed periodically and may be adjusted based on such review. (1) Unless other arrangements are made, the Fee on Import Cargo must be paid before the Container leaves the Terminal Facility during Peak Hours. All Users shall be jointly and severally liable for the payment of the foregoing Fee with respect to a shipment of Export Cargo or Import Cargo. (2) Effective August 7, 2006: The booking number for a Container of Export Cargo arriving at a participating Terminal Facility during Peak Hours shall be claimed by being entered into the User’s account on the PierPASS web site (xxx.xxxxxxxx-xxx.xxx) prior to arrival of the Container at the Terminal Facility. Containers will not be permitted to enter the Terminal Facility during Peak Hours if the booking number has not been entered and claimed by the User in this manner. Containers not entered and claimed in this manner may enter the Terminal Facility only during Off-Peak Hours. For Export Cargo using direct pay methods (credit card, debit card, or electronic check), the Fee shall be paid prior to the Tuesday following entry on to the Terminal Facility. If the User has entered into a credit agreement pursuant to this Schedule, the payment terms set forth in the credit agreement shall apply to the User’s Export Cargo. Users will not be permitted to deliver Containers of Export Cargo to a Terminal Facility during Peak Hours if payment on past Containers is not current in accordance with this Schedule. D. The fee shall be payable to PierPass LLC, which is authorized to act on behalf of the members of the WCMTOA to implement the terms of this Schedule. Payment of the fee may be made to PierPass LLC via credit card, debit card, or electronic check. Additional details regarding payment procedures are set forth in Supplemental Schedule A hereto. Payment of the fee to PierPass LLC may not be made by the ocean common carrier (as that term is defined in the Shipping Act of 1984, as amended) that is transporting, has transported, or will transport the cargo, nor may it be waived, advanced or absorbed by the marine terminal operator. Waivers, absorptions or refunds of this fee by WCMTOA members are not permitted, except as otherwise provided in Rule 8 hereof. E. User may enter into a credit agreement substantially in the form set forth in Supplemental Schedule B hereto, in which case such User shall pay the fee not later than indicated in such credit agreement. An agent or other authorized representative of a User may enter into a credit agreement, in which case the terms of such credit agreement shall be fully binding on the agent or other authorized representative and the User, who shall be jointly and severally liable for all duties and obligations thereunder. The members of WCMTOA reserve the right in their discretion to require additional collateral to secure payment by credit customers.

TRAFFIC MITIGATION FEE. A. Each Container of Import Cargo or Export Cargo that enters or leaves any Terminal Facility of a WCMTOA member at the Port of Los Angeles/Long Beach identified in Rule 3 hereof shall be assessed a traffic mitigation fee (the “Fee”) of: U.S.$70.49 U.S.$69.17 per 20-foot Container U.S.$140.98 U.S.$138.34 per all other sizes of Container The foregoing Fee shall not be applicable to or paid by: (i) Empty Containers or empty chassis; (ii) Import or Export Cargo entering or leaving any Terminal Facility during Off-Peak Hours; (iii) Import Cargo or Export Cargo that transits the Alameda Corridor in a Container and is subject to a fee imposed by the Alameda Corridor Transportation Authority; and (iv) Transshipment Cargo. B. The foregoing Fee will be reviewed periodically and may be adjusted based on such review. (1) Unless other arrangements are made, the Fee on Import Cargo must be paid before the Container leaves the Terminal Facility during Peak Hours. All Users shall be jointly and severally liable for the payment of the foregoing Fee with respect to a shipment of Export Cargo or Import Cargo. (2) Effective August 7, 2006: The booking number for a Container of Export Cargo arriving at a participating Terminal Facility during Peak Hours shall be claimed by being entered into the User’s account on the PierPASS web site (xxx.xxxxxxxx-xxx.xxx) prior to arrival of the Container at the Terminal Facility. Containers will not be permitted to enter the Terminal Facility during Peak Hours if the booking number has not been entered and claimed by the User in this manner. Containers not entered and claimed in this manner may enter the Terminal Facility only during Off-Peak Hours. For Export Cargo using direct pay methods (credit card, debit card, or electronic check), the Fee shall be paid prior to the Tuesday following entry on to the Terminal Facility. If the User has entered into a credit agreement pursuant to this Schedule, the payment terms set forth in the credit agreement shall apply to the User’s Export Cargo. Users will not be permitted to deliver Containers of Export Cargo to a Terminal Facility during Peak Hours if payment on past Containers is not current in accordance with this Schedule. D. The fee shall be payable to PierPass LLC, which is authorized to act on behalf of the members of the WCMTOA to implement the terms of this Schedule. Payment of the fee may be made to PierPass LLC via credit card, debit card, or electronic check. Additional details regarding payment procedures are set forth in Supplemental Schedule A hereto. Payment of the fee to PierPass LLC may not be made by the ocean common carrier (as that term is defined in the Shipping Act of 1984, as amended) that is transporting, has transported, or will transport the cargo, nor may it be waived, advanced or absorbed by the marine terminal operator. Waivers, absorptions or refunds of this fee by WCMTOA members are not permitted, except as otherwise provided in Rule 8 hereof. E. User may enter into a credit agreement substantially in the form set forth in Supplemental Schedule B hereto, in which case such User shall pay the fee not later than indicated in such credit agreement. An agent or other authorized representative of a User may enter into a credit agreement, in which case the terms of such credit agreement shall be fully binding on the agent or other authorized representative and the User, who shall be jointly and severally liable for all duties and obligations thereunder. The members of WCMTOA reserve the right in their discretion to require additional collateral to secure payment by credit customers.

TRAFFIC MITIGATION FEE. A. Each Container of Import Cargo or Export Cargo that enters or leaves any Terminal Facility of a WCMTOA member at the Port of Los Angeles/Long Beach identified in Rule 3 hereof shall be assessed a traffic mitigation fee (the “Fee”) of: U.S.$70.49 U.S.$72.09 per 20-foot Container U.S.$140.98 U.S.$144.18 per all other sizes of Container The foregoing Fee shall not be applicable to or paid by: (i) Empty Containers or empty chassis; (ii) Import or Export Cargo entering or leaving any Terminal Facility during Off-Peak Hours; (iii) Import Cargo or Export Cargo that transits the Alameda Corridor in a Container and is subject to a fee imposed by the Alameda Corridor Transportation Authority; and (iv) Transshipment Cargo. B. The foregoing Fee will be reviewed periodically and may be adjusted based on such review. (1) Unless other arrangements are made, the Fee on Import Cargo must be paid before the Container leaves the Terminal Facility during Peak Hours. All Users shall be jointly and severally liable for the payment of the foregoing Fee with respect to a shipment of Export Cargo or Import Cargo. (2) Effective August 7, 2006: The booking number for a Container of Export Cargo arriving at a participating Terminal Facility during Peak Hours shall be claimed by being entered into the User’s account on the PierPASS web site (xxx.xxxxxxxx-xxx.xxx) prior to arrival of the Container at the Terminal Facility. Containers will not be permitted to enter the Terminal Facility during Peak Hours if the booking number has not been entered and claimed by the User in this manner. Containers not entered and claimed in this manner may enter the Terminal Facility only during Off-Peak Hours. For Export Cargo using direct pay methods (credit card, debit card, or electronic check), the Fee shall be paid prior to the Tuesday following entry on to the Terminal Facility. If the User has entered into a credit agreement pursuant to this Schedule, the payment terms set forth in the credit agreement shall apply to the User’s Export Cargo. Users will not be permitted to deliver Containers of Export Cargo to a Terminal Facility during Peak Hours if payment on past Containers is not current in accordance with this Schedule. D. The fee shall be payable to PierPass LLC, which is authorized to act on behalf of the members of the WCMTOA to implement the terms of this Schedule. Payment of the fee may be made to PierPass LLC via credit card, debit card, or electronic check. Additional details regarding payment procedures are set forth in Supplemental Schedule A hereto. Payment of the fee to PierPass LLC may not be made by the ocean common carrier (as that term is defined in the Shipping Act of 1984, as amended) that is transporting, has transported, or will transport the cargo, nor may it be waived, advanced or absorbed by the marine terminal operator. Waivers, absorptions or refunds of this fee by WCMTOA members are not permitted, except as otherwise provided in Rule 8 hereof. E. User may enter into a credit agreement substantially in the form set forth in Supplemental Schedule B hereto, in which case such User shall pay the fee not later than indicated in such credit agreement. An agent or other authorized representative of a User may enter into a credit agreement, in which case the terms of such credit agreement shall be fully binding on the agent or other authorized representative and the User, who shall be jointly and severally liable for all duties and obligations thereunder. The members of WCMTOA reserve the right in their discretion to require additional collateral to secure payment by credit customers.

TRAFFIC MITIGATION FEE. A. Each Container of Import Cargo or Export Cargo that enters or leaves any Terminal Facility of a WCMTOA member at the Port of Los Angeles/Long Beach identified in Rule 3 hereof shall be assessed a traffic mitigation fee (the “Fee”) of: U.S.$70.49 U.S.$50.00 per 20-foot Container U.S.$140.98 U.S.$100.00 per all other sizes of Container The foregoing Fee shall not be applicable to or paid by: (i) Empty Containers or empty chassis; (ii) Import or Export Cargo entering or leaving any Terminal Facility during Off-Peak Hours; (iii) Import Cargo or Export Cargo that transits the Alameda Corridor in a Container and is subject to a fee imposed by the Alameda Corridor Transportation Authority; and (iv) Transshipment Cargo. B. The foregoing Fee will be reviewed periodically and may be adjusted based on such review. (1) Unless other arrangements are made, the Fee on Import Cargo must be paid before the Container leaves the Terminal Facility during Peak Hours. All Users shall be jointly and severally liable for the payment of the foregoing Fee with respect to a shipment of Export Cargo or Import Cargo. (2) Effective August 7, 2006: The booking number for a Container of Export Cargo arriving at a participating Terminal Facility during Peak Hours shall be claimed by being entered into the User’s account on the PierPASS web site (xxx.xxxxxxxx-xxx.xxx) prior to arrival of the Container at the Terminal Facility. Containers will not be permitted to enter the Terminal Facility during Peak Hours if the booking number has not been entered and claimed by the User in this manner. Containers not entered and claimed in this manner may enter the Terminal Facility only during Off-Peak Hours. For Export Cargo using direct pay methods (credit card, debit card, or electronic check), the Fee shall be paid prior to the Tuesday following entry on to the Terminal Facility. If the User has entered into a credit agreement pursuant to this Schedule, the payment terms set forth in the credit agreement shall apply to the User’s Export Cargo. Users will not be permitted to deliver Containers of Export Cargo to a Terminal Facility during Peak Hours if payment on past Containers is not current in accordance with this Schedule. D. The fee shall be payable to PierPass LLC, which is authorized to act on behalf of the members of the WCMTOA to implement the terms of this Schedule. Payment of the fee may be made to PierPass LLC via credit card, debit card, or electronic check. Additional details regarding payment procedures are set forth in Supplemental Schedule A hereto. Payment of the fee to PierPass LLC may not be made by the ocean common carrier (as that term is defined in the Shipping Act of 1984, as amended) that is transporting, has transported, or will transport the cargo, nor may it be waived, advanced or absorbed by the marine terminal operator. Waivers, absorptions or refunds of this fee by WCMTOA members are not permitted, except as otherwise provided in Rule 8 hereof. E. User may enter into a credit agreement substantially in the form set forth in Supplemental Schedule B hereto, in which case such User shall pay the fee not later than indicated in such credit agreement. An agent or other authorized representative of a User may enter into a credit agreement, in which case the terms of such credit agreement shall be fully binding on the agent or other authorized representative and the User, who shall be jointly and severally liable for all duties and obligations thereunder. The members of WCMTOA reserve the right in their discretion to require additional collateral to secure payment by credit customers.