Terminal Region definition
Examples of Terminal Region in a sentence
The Shortfall Amount shall equal the Base Rate in effect for the applicable Determination Period reduced by the applicable Commitment Discount Level for the applicable Determination Period multiplied by the difference between 90% of the loaded containers delivered to or loaded at the Terminal Region during such Determination Period less the number of Carrier’s loaded containers moved through the Terminals during such Determination Period.
If Carrier requests PHA to allow a new waterborne service (“New Service”) carrying Carrier’s cargo to call Bayport Terminal or Barbours Cut Terminal and PHA denies such request due to a decision, condition, or circumstance under the control of PHA, Carrier’s loaded containers that are moved by the New Service and delivered to or loaded at the Terminal Region shall be included in the Cargo Commitment but shall not be counted toward Carrier’s Container Volume in determining Carrier’s Commitment Discount.
If PHA later consents in writing to Carrier’s request and Carrier fails to begin the New Service at either Terminal within sixty (60) days of PHA’s consent, Carrier’s loaded containers that are moved by the New Service and delivered to or loaded at the Terminal Region shall no longer be included in the Cargo Commitment and shall not be counted toward Carrier’s Container Volume in determining Carrier’s Commitment Discount.
If during the Term of this Agreement, PHA enters into a lease agreement with a third party terminal operator for operation of a container terminal facility (“Future PHA-Third Party Leased Facility”) within the Terminal Region (as hereinafter defined), Carrier’s loaded containers that are moved through such terminal facility may be counted toward Carrier’s Container Volume for the applicable Determination Period in determining Carrier’s Commitment Discount under this Agreement.
During the term hereof, no less than 90% of Carrier’s loaded containers in ocean transportation in the foreign commerce of the United States and Carrier’s loaded containers transshipped at United States ports, that are to be delivered to or loaded at the Terminal Region, shall be moved by Carrier exclusively through the Terminals (the “Cargo Commitment”).
Carrier shall submit to PHA by the tenth calendar day of each month during the Term, manifests showing any and all cargo carried in loaded containers to or from the Terminal Region that was not loaded or discharged at the Terminals during the immediately preceding month.
In the event of any of the aforementioned force majeure events affecting Carriers’ operations, including without limitation a seamen’s strike, which prevents or impairs the movement of vessels, containers, or cargo by Carriers to the Terminal Region, upon written notification from the Carriers to PHA indicating the effective date of such force majeure event, Carriers’ Cargo Commitment in Section 5 hereof shall be reduced for the Carriers on a pro-rata basis for the period of force majeure.
During the term hereof, that portion of Carriers’ loaded containers in ocean transportation in the foreign commerce of the United States, that are to be delivered to or loaded at the Terminal Region (as hereinafter defined), shall be moved by Carriers exclusively through the Terminals (the “Cargo Commitment”).
The Cargo Commitment shall not encompass Other Containers (as defined below), provided that the volume of Other Containers shall not exceed five percent (5%) of Carriers’ combined loaded containers delivered to or loaded at the Terminal Region.