ZEN-NOH GRAIN CORPORATION 8886 HIGHWAY 44 CONVENT, LOUISIANA DOCK TARIFF NO. 5 EFFECTIVE MAY 1, 2015 (SUBJECT TO REVISION WITHOUT NOTICE)

Transcription

1 ZEN-NOH GRAIN CORPORATION 8886 HIGHWAY 44 CONVENT, LOUISIANA DOCK TARIFF NO. 5 EFFECTIVE MAY 1, 2015 (SUBJECT TO REVISION WITHOUT NOTICE) GENERAL OFFICE ZEN-NOH GRAIN CORPORATION P. O. BOX 39 MANDEVILLE, LOUISIANA SERVICE ROAD EAST, HWY. 190 COVINGTON, LOUISIANA 70433

2 ZEN-NOH GRAIN CORPORATION CONVENT, LOUISIANA DOCK TARIFF NO. 5 EFFECTIVE NOVEMBER 1, 2012 (SUBJECT TO REVISION WITHOUT NOTICE) SECTION I SECTION II RULES AND REGULATIONS FOR USE OF DOCK FACILITY. ELEVATOR CHARGES. SECTION I RULES AND REGULATIONS FOR USE OF DOCK FACILITIES A. FILING VESSELS 1. A VESSEL, ITS OWNERS, OPERATORS, CHARTERERS OR AGENTS (COLLECTIVELY CALLED OWNERS ), DESIRING TO BERTH AT THE ZEN-NOH GRAIN CORPORATION DOCK SHALL FILE WITH THE ELEVATOR, CONVENT, LOUISIANA BETWEEN 9:00 AM AND 4:00 PM, MONDAY THROUGH FRIDAY AND BETWEEN 9:00 AM AND 12:00 NOON SATURDAYS, HOLIDAYS EXCLUDED, AN APPLICATION FOR BERTH ON FORMS FURNISHED BY ZEN-NOH GRAIN CORPORATION (HEREIN AFTER REFERRED TO AS ZEN-NOH OR ELEVATOR ), THE SIGNED APPLICATION FOR BERTH, WHEN ACKNOWLEDGED IN WRITING BY THE ELEVATOR, SHALL CONSTITUTE A CONTRACT BETWEEN ZEN-NOH AND THE VESSEL AND ITS OWNER, TO ABIDE BY THE RULES AND REGULATIONS OF THIS TARIFF AND TO BE JOINTLY AND SEVERALLY LIABLE FOR THE CHARGES OF WHATSOEVER KIND OR NATURE IN THIS TARIFF AND FOR ANY LIABILITIES ARISING THEREFROM. THE APPLICATION FOR BERTH MUST BE SIGNED BY MASTER OF VESSEL, STAMPED WITH VESSEL SEAL AND COUNTERSIGNED BY THE AUTHORIZED AGENT. ALL CHARGES INCURRED BY THE VESSEL WHILE AT THE ELEVATOR SHALL BE THE RESPONSIBILITY OF AND PAYABLE BY THE AUTHORIZED AGENT. UPON SIGNING AND DELIVERING THE BERTH APPLICATION, THE VESSEL AND ITS OWNERS/ OPERATORS/ MANAGERS/ AGENTS CERTIFY AND REPRESENT THE FOLLOWING: A. OWNERS/ OPERATORS OF THE VESSEL HAVE ADEQUATE AND APPROPRIATE INSURANCE TO COVER DAMAGES ASSOCIATED WITH OR RESULTING FROM A TRANSPORTATION SECURITY INCIDENT (AS THAT TERM IS DEFINED IN THE MARITIME TRANSPORTATION SECURITY ACT OF 2002, 46 USC ET SEQ.) OR TERRORIST ACT ARISING FROM OR IN ANY WAY RELATED TO THE VESSEL S BERTHING AT ZEN-NOH. B. THE VESSEL IS NOT A COMMON CARRIER, AS THAT TERM IS DEFINED IN THE SHIPPING ACT OF 1984, AS AMENDED BY THE OCEAN SHIPPING REFORM ACT. 2

3 2. EXCEPT AS OTHERWISE PROVIDED IN THESE REGULATIONS, VESSELS SHALL BE ASSIGNED A BERTH IN THE CHRONOLOGICAL ORDER IN WHICH THEY FILE WITH THE ELEVATOR, A SIGNED APPLICATION FOR BERTH, ACCOMPANIED AT THE TIME BY THE FOLLOWING DOCUMENTS: A. FEDERAL GRAIN INSPECTION SERVICE CERTIFICATE ISSUED FROM THE DESTREHAN FIELD OFFICE DISTRICT THAT ALL CARGO COMPARTMENTS ARE FREE OF INSECT INFESTATION AND OBJECTIONABLE ODOR, CLEAN, DRY AND FIT FOR CARGO. B. CERTIFICATE OF READINESS IN ALL COMPARTMENTS, ISSUED BY A LOCAL REPRESENTATIVE OF THE NATIONAL CARGO BUREAU, INC., BATON ROUGE DISTRICT. C. EVIDENCE TO THE EFFECT THAT THE VESSEL HAS BEEN ENTERED AT THE UNITED STATES CUSTOMS HOUSE, GRAMERCY DISTRICT. D. EVIDENCE TO THE EFFECT THAT THE VESSEL HAS BEEN TENDERED AND ACCEPTED BY THE CHARTERER. THE BERTH APPLICATION WILL NOT BE ACCEPTED PRIOR TO ZEN- NOH S ACCEPTANCE OF THE NOTICE OF READINESS UNDER ANY CIRCUMSTANCES. E. A COPY OF AN APPROVED STOWAGE PLAN FROM THE MASTER OF THE VESSEL. F. ALL TANKERS AND OIL BULK ORE (OBO) CARRIERS PRESENTING THEMSELVES TO LOAD AT THE ELEVATOR, IN ADDITION TO THE NATIONAL CARGO BUREAU AND FEDERAL GRAIN INSPECTION SERVICE PASSES, MUST ALSO OBTAIN A GAS FREE CERTIFICATE SHOWING COMPLETELY FREE FROM PETROLEUM ODOR. G. ZEN-NOH GRAIN CORPORATION WILL ONLY ACCEPT FILING OF VESSELS AT OR ABOVE 12 MILE ANCHORAGE OR THE CLOSEST AVAILABLE ANCHORAGE TO CONVENT. H. ALL VESSELS APPLYING FOR BERTH AT ZEN-NOH GRAIN ELEVATOR, THEREBY AGREE TO WAIVE AND RELEASE ANY AND ALL RIGHTS AGAINST ZEN-NOH GRAIN CORPORATION, ITS PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES, FOR PAYMENT OF FREIGHT OR OTHER CHARGES CONCERNING CARGO SHIPPED AND/OR CARRIED ABOARD THE VESSEL; UNLESS AND EXCEPT ZEN-NOH GRAIN CORPORATION SPECIFICALLY AGREES, IN WRITING BY AN AUTHORIZED AGENT, TO BE SO OBLIGATED. I. A RECEIPT SIGNED BY THE MASTER/CHIEF OFFICER STATING THAT HE HAS RECEIVED A COLOR COPY OF THE DOCK DIAGRAM FOR ZEN-NOH GRAIN ELEVATOR. J. VESSEL SECURITY PLAN. 3

4 B. HANDLING VESSELS 1. IN THE CASE OF ANY VESSEL REFUSING TO ACCEPT THE BERTH AFTER FILING A BERTH APPLICATION WITH ZEN-NOH, LAYTIME WILL STOP AT THE TIME THE BERTH IS REFUSED AND WILL RECOMMENCE WHEN VESSEL STARTS LOADING, OR ZEN-NOH HAS THE OPTION TO CANCEL THE BERTH APPLICATION, AND MAKE THE VESSEL REFILE WITH NEW FEDERAL GRAIN INSPECTION PASSES AND NATIONAL CARGO BUREAU PASSES PRIOR TO BEING OFFERED THE BERTH. 2. BUYER HAS THE RIGHT TO FILE WITH ZEN-NOH (WITHIN CONTRACT PERIOD) AND ENTER LINEUP, THEN LEAVE TO LOAD OTHER PRODUCTS, SUBJECT TO: A. IF BERTH IS AVAILABLE AT TIME OF FILING AND VESSEL IS UNABLE OR REFUSES TO ACCEPT FOR WHATSOEVER REASON (INCLUDING B/L DATE REQUIREMENTS), TIME WILL NOT COUNT UNTIL LOADING COMMENCES. IF VESSEL IS NOT AVAILABLE FOR LOADING WITHIN CONTRACT PERIOD, CARRYING CHARGES AND INTEREST WILL BE DUE AS PER CONTRACT. B. IF VESSEL FILES AND ELEVATOR ALREADY HAS A LINEUP, FILING WILL BE ACCEPTED, TIME COUNTING 0700 ON THE FIRST FOLLOWING BUSINESS DAY. IF VESSEL IS SUBSEQUENTLY CALLED IN ROTATION AND CAN T ACCEPT FOR WHATSOEVER REASON, TIME WILL STOP AND TERMS OF (A) ABOVE WILL APPLY. 3. AT THE SOLE DISCRETION OF THE ELEVATOR, VESSELS MAY BE ALLOWED TO TIE UP AT THE ELEVATOR BERTH PRIOR TO HAVING RECEIVED ALL THE ABOVE CERTIFICATES. IF SAID VESSEL FAILS TO SUPPLY SUCH CERTIFICATES PRIOR TO LOADING, THE VESSEL MUST IMMEDIATELY VACATE THE BERTH IF REQUESTED TO DO SO BY THE ELEVATOR. ANY VESSEL SO ORDERED TO VACATE THE BERTH WILL RETURN TO BERTH AFTER THE VESSEL HAS PASSED FEDERAL GRAIN INSPECTION SERVICE AND NATIONAL CARGO BUREAU INSPECTIONS. ANY VESSEL SO ORDERED TO VACATE THE BERTH WILL RETURN TO BERTH AFTER THE VESSEL LOADING, IMMEDIATELY THEREAFTER. IF ANY VESSEL COMPLETES LOADING OR VACATES THE BERTH FOR OTHER REASONS, PROVIDED THE AFORESAID CIRCUMSTANCES REQUIRING THE VESSEL TO VACATE THE BERTH IS FOUND BY ELEVATOR MANAGEMENT TO NO LONGER EXIST SHOULD SUCH VESSEL FAIL OR DECLINE TO VACATE THE BERTH, THEN SUCH VESSEL WILL BE SUBJECT TO CONDITIONS, CHARGES AND DAMAGES OUTLINED IN PARAGRAPH B-2 FOR NOT VACATING THE BERTH WHEN ORDERED BY THE ELEVATOR. 4

5 4. WHENEVER ONE OR MORE VESSELS ARE WAITING TO LOAD OR WHENEVER THE ELEVATOR IS DECLARED BY ZEN-NOH TO BE THREATENED WITH CONGESTION, ZEN-NOH, IN ITS SOLE DISCRETION MAY REQUIRE A VESSEL TO WORK OVERTIME AT VESSEL S EXPENSE. ANY VESSEL THEN IN BERTH, WHICH REFUSES TO WORK OVERTIME SHALL VACATE THE BERTH ON ORDER OF THE ELEVATOR, SHOULD ANY VESSEL FAIL TO VACATE THE BERTH WHEN ORDERED TO DO SO UNDER THESE CIRCUMSTANCES OR UNDER THE CIRCUMSTANCES SET FORTH IN PARAGRAPH B-2 ABOVE, A CHARGE OF $7, PER HOUR FOR EACH HOUR, OR FRACTION THEREOF, WILL BE ASSESSED AGAINST THE VESSEL AND/O ITS OWNER, AFTER NOTICE TO VACATE THE BERTH HAS BEEN GIVEN TO THE VESSEL OR OWNER. THIS CHARGE WILL NOT AFFECT THE RIGHT OF THE ELEVATOR TO EFFECT THE REMOVAL OF THE VESSEL FROM THE BERTH BY ANY LAWFUL MEANS, AT VESSEL S RISK AND EXPENSE. A VESSEL REFUSING TO WORK OVERTIME SHALL LOSE ITS TURN IN FAVOR OF THE NEXT VESSEL THAT IS WILLING TO WORK OVERTIME, THAT VESSEL SHALL REMAIN IN THE BERTH SO LONG AS IT IS WILLING TO WORK SUCCESSIVE STRAIGHT TIME AND OVERTIME PERIODS UNTIL LOADING IS COMPLETED. THE VESSEL SO LOSING ITS TURN SHALL BE ENTITLED TO THE BERTH FIRST AVAILABLE THEREAFTER, SUBJECT TO THE SAME OVERTIME PROVISIONS SET FORTH ABOVE IF THE CIRCUMSTANCES REQUIRING OVERTIME WORK ARE THEN FOUND TO EXIST BY THE ELEVATOR. 5. UPON ORDER OF THE ELEVATOR, A VESSEL SHALL VACATE THE BERTH WITHIN ONE (1) HOUR OF COMPLETION OF LOADING. SHOULD ANY VESSEL FAIL TO VACATE THE BERTH WHEN SO ORDERED, A CHARGE OF $7, PER HOUR FOR EACH HOUR, OR FRACTION THEREOF, THAT THE VESSEL REMAINS IN BERTH SHALL BE ASSESSED AGAINST THE VESSEL AND/OR ITS OWNER. IF THE VESSEL SHALL NOT PROMPTLY LEAVE THE ELEVATOR BERTH WHEN SO ORDERED, ALL COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND EXPENSES IN CONNECTION WITH THE MOVING OF THE VESSEL, SHALL BE FOR THE ACCOUNT OF THE VESSEL AND/OR ITS OWNER. 6. ZEN-NOH RESERVES THE RIGHT TO ORDER ANY VESSEL FROM THE BERTH AT THE SOLE DISCRETION OF ZEN-NOH. SHOULD THE VESSEL FAIL TO VACATE THE BERTH WHEN SO ORDERED, A CHARGE OF $7, PER HOUR FOR EACH HOUR, OR FRACTION THEREOF, THAT THE VESSEL REMAINS IN BERTH SHALL BE ASSESSED AGAINST THE VESSEL AND/OR ITS OWNER. 7. AT ANY TIME THAT A $7, PER HOUR CHARGE IS ASSESSED FOR THE REASONS MENTIONED IN THIS TARIFF, THAT CHARGE SHALL BE ASSESSED CONTINUOUSLY UNTIL THE VESSEL VACATES THE BERTH REGARDLESS OF INTERVENING CIRCUMSTANCES. 8. EACH VESSEL WILL BE ALLOWED ONE (1) 30 MINUTE PERIOD FOR THE PURPOSES OF CHECKING DRAFT AND STABILITY CALCULATIONS IN ORDER TO DETERMINE VESSEL S FINAL CARGO REQUIREMENTS AND LOADING SEQUENCE. THIS 30 MINUTE PERIOD IS FOR CHARGING DETENTION TIME ONLY AND IN NO WAY REFLECTS ON LAYTIME CALCULATIONS. ANY DELAY IN EXCESS OF THE ONE (1) 30 MINUTE PERIOD USED BY THE VESSEL WILL BE CHARGED TO THE VESSEL AT A RATE OF 7, PER HOUR. (PRO RATED) 5

6 9. IF, DUE TO CONGESTION OR DELAYS AT THE ELEVATOR, THE VESSEL IS DELAYED IN EXCESS OF SEVEN (7) DAYS IN LOADING BETWEEN THE TIME OF FILING THE BERTH APPLICATION AND THE TIME WHEN THE BERTH BECOMES AVAILABLE, NEW FEDERAL GRAIN INSPECTION SERVICE PASSES WILL BE REQUIRED PRIOR TO THE VESSEL BEING PERMITTED TO DOCK AND COMMENCE LOADING. 10. DURING THE COURSE OF THE LOADING OPERATION, SHOULD THE LOADING CEASE OR BE INTERRUPTED DUE TO PETROLEUM ODOR EMANATING FROM THE VESSEL/VESSELS COMPARTMENTS OR ANY OTHER REASON ATTRIBUTABLE TO THE CONDITION OF THE VESSEL OR ITS SUITABILITY TO RECEIVE GRAIN THE OWNER AND/OR MASTER SHALL FORTHWITH: A. IMMEDIATELY REMOVE THE VESSEL FROM THE LOADING BERTH AT OWNERS EXPENSE. B. ISSUE CLEAN MATES RECEIPT FOR THE CARGO ALREADY LOADED. 11. OWNERS AND/OR MASTER AND/OR AGENTS, BY FILING THE BERTH APPLICATION, GUARANTEE THE ABOVE AND BY FAILING TO DO SO WILL RESULT IN THE VESSEL NOT BEING PERMITTED TO BERTH. IN ADDITION THE OWNERS AND/OR MASTER AND/OR AGENTS WILL ENSURE THAT THE VESSEL WILL BE SO LOADED, SO THAT IT REMAINS IN SAFE SEAWORTHY TRIM THROUGHOUT THE LOADING OPERATIONS TO PERMIT SHIFTING OUT OF BERTH SHOULD IT BECOME NECESSARY DUE TO THE ABOVE. IN THE EVENT THE VESSEL SHALL NOT PROMPTLY LEAVE THE ELEVATOR BERTH WHEN SO ORDERED IN ACCORDANCE WITH THIS TARIFF, ANY COST ATTORNEY FEES AND EXPENSES IN CONNECTION WITH THE MOVING OF THE VESSEL SHALL BE FOR THE ACCOUNT OF THE VESSEL AND/OR ITS OWNERS AND AT THE FULL RISK OF THE VESSEL AND/OR ITS OWNER. IN ADDITION, THE VESSEL AND/OR ITS OWNER SHALL BE RESPONSIBLE FOR ANY AND ALL DAMAGES TO THE ELEVATOR AND/OR SUPPLIERS BY REASON OF THE VESSEL S FAILURE TO VACATE THE BERTH WHEN ORDERED. 12. COMMON CARRIERS BY WATER (USUALLY REFERRED TO AS LINERS) AS DEFINED BY THE SHIPPING ACT OF 1984, AS AMENDED BY THE OCEAN SHIPPING REFORM ACT, WILL NOT BE ACCEPTED FOR LOADING AT ZEN-NOH GRAIN ELEVATOR. ACCORDING TO SECTION 3(6) OF THE SHIPPING ACT, A COMMON CARRIER IS DEFINED AS A PERSON HOLDING ITSELF OUT TO THE GENERAL PUBLIC TO PROVIDE TRANSPORTATION BY WATER OF PASSENGERS OR CARGO BETWEEN THE UNITED STATES AND A FOREIGN COUNTRY... EXCEPT THAT THE TERM DOES NOT INCLUDE A COMMON CARRIER ENGAGED IN OCEAN TRANSPORTATION BY... OCEAN TRAMP.... ZEN-NOH S GRAIN ELEVATOR IS A PRIVATE ELEVATOR WITHIN THE MEANING OF THE SHIPPING ACT. 6

7 C. GENERAL REGULATIONS 1. ZEN-NOH SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO GRAIN OR TO THE BARGES, SHIPS, VESSELS OR OTHER WATERCRAFT MOORED OR IN THE PROCESS OF BEING MOORED OR UNMOORED AT OR ADJACENT TO THE ELEVATOR DOCKS/ WHARF OR TO ANY WATERCRAFT OR TRANSFER RIG, WHETHER CAUSED BY ANY WEATHER CONDITION, ACT OF GOD, ACT OF NATURE, ACT OF WAR OR TERRORISM, STRIKES OR OTHER LABOR DISPUTES, SHRINKAGE, WASTE OR DECAY AND/OR ANY OTHER CAUSES BEYOND THE CONTROL OF ZEN-NOH. 2 ZEN-NOH SHALL NOT BE LIABLE FOR DEMURRAGE, DAMAGES FOR DELAY OR LOSS OF DESPATCH TIME INCURRED BY ANY VESSEL OR CHARTERER FOR ANY CAUSE OTHER THAN WILLFUL OR GROSSLY NEGLIGENT ACTS OF THE ELEVATOR MANAGEMENT. 3. ZEN-NOH SHALL NOT BE RESPONSIBLE FOR MARINE LOSS OR DAMAGE TO GRAIN OR TO BARGES, SHIPS OR OTHER WATERCRAFT MOORED TO THE ELEVATOR DOCK OR ONBOARD THE VESSEL. 4. IN ALL OTHER MATTERS, ZEN-NOH SHALL NOT BE RESPONSIBLE FOR DELAYS OR DAMAGES RESULTING FROM ANY CAUSE BEYOND ITS CONTROL, HOWEVER OR WHEREVER ARISING. 5. HOLD HARMLESS AND INDEMNITY AGREEMENT: ALL USERS OF ZEN-NOH, SPECIFICALLY AND WITHOUT LIMITATION, AGREE TO HOLD HARMLESS AND INDEMNIFY ZEN-NOH, ITS PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, JOINT VENTURES AND/OR INSURERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES AND ALL PERSONS, FIRMS, OR OTHER ENTITIES WHICH MAY MANAGE, OWN, CONTROL OR OPERATE THE ELEVATOR (HEREINAFTER MANAGEMENT ), FROM AND AGAINST ALL CLAIMS OR DAMAGES OF ANY NATURE WHATSOEVER, DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATED TO, AND/OR RESULTING FROM THE VESSEL S CALL AT THE ELEVATOR, UNLESS SUCH DAMAGE OR INJURY IS CAUSED BY WILLFUL OR GROSSLY NEGLIGENT ACTS OF ZEN-NOH OR ELEVATOR MANAGEMENT. 6. HOLD HARMLESS AND INDEMNITY AGREEMENT: ALL USERS OF ZEN-NOH, SPECIFICALLY AND WITHOUT LIMITATION, AGREE TO HOLD HARMLESS AND INDEMNIFY ZEN-NOH, ITS PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, JOINT VENTURES AND/OR INSURERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND MANAGEMENT FROM AND AGAINST ALL CLAIMS OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO A TRANSPORTATION SECURITY INCIDENT, TERRORIST ACT, OR BREACH OF SECURITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATED TO AND/OR RESULTING FROM THE NEGLIGENT OR INTENTIONAL TORT OR CRIMINAL ACT OF VESSEL PERSONNEL, CREWMEMBER(S), STOWAWAY(S), OR PASSENGER(S). 7

8 7. HOLD HARMLESS AND INDEMNITY AGREEMENT: IN THE EVENT THAT A VESSEL RECEIVES STORES, PROVISIONS AND/OR SUPPLIES OR IN ANY WAY CAUSES OR PERMITS VENDORS, SUPPLIERS, REPAIRMEN, CONTRACTORS OR OTHER PERSONNEL TO BOARD THE VESSEL WHILE BERTHED AT THE DOCK, IN CONSIDERATION OF ZEN-NOH PERMITTING THE UTILIZATION OF ITS DOCK, WALKWAYS AND OTHER FACILITIES, THE VESSEL AND ITS OWNERS AGREE TO INDEMNIFY, DEFEND AND HOLD ZEN-NOH, ITS PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, JOINT VENTURES, LESSORS AND/OR INSURERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND MANAGEMENT HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGES WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE AND/OR STRICT LIABILITY OF ZEN-NOH. 8. CHOICE OF LAW AND JURISDICTION: ANY AND ALL CLAIMS OR DISPUTES DIRECTLY OR INDIRECTLY RELATED TO A VESSEL S CALL AT THE ZEN-NOH ELEVATOR, SHALL BE RESOLVED UNDER THE GENERAL MARITIME LAW OF THE UNITED STATES, IN THE ABSENCE OF WHICH LOUISIANA STATE LAW SHALL APPLY, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. IF THAT COURT LACKS SUBJECT MATTER JURISDICTION, THEN EXCLUSIVE JURISDICTION SHALL REST WITH THE 23 RD JUDICIAL COURT FOR THE PARISH OF ST. JAMES, STATE OF LOUISIANA. 9. ZEN-NOH HAS ESTABLISHED A FACILITY SECURITY PLAN IN COMPLIANCE WITH THE MARITIME TRANSPORTATION SECURITY ACT OF 2002, 46 USC ET SEQ. AND IMPLEMENTING REGULATIONS, 33 CFR 101, 104, 105, EFFECTIVE JULY 1, 2004, WHICH PLAN MAY BE OBTAINED FROM THE FACILITY SECURITY OFFICER (FSO) UPON REQUEST. IN THE EVENT THAT THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ANNOUNCES A HOMELAND SECURITY ALERT OF MARSEC LEVEL 2 OR HIGHER, ZEN-NOH WILL IMPOSE THE RESTRICTIONS REQUIRED BY ITS UNITED STATES COAST GUARD-APPROVED ALTERNATIVE SECURITY PLAN (ASP), WHICH PLAN MAY BE OBTAINED FROM THE FSO UPON REQUEST, AND ANY OTHER RESTRICTIONS AS DIRECTED BY THE CAPTAIN OF THE PORT. 10. PRIOR TO BERTHING AT THE ZEN-NOH ELEVATOR, ANY AND ALL STOWAWAYS ON BOARD THE VESSEL MUST BE REMOVED FROM THE VESSEL INTO THE CUSTODY OF UNITED STATES IMMIGRATION OFFICIALS, PURSUANT TO 8 USC 1321, IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT REACHED BETWEEN ZEN-NOH AND THE FEDERAL MARITIME COMMISSION, BUREAU OF ENFORCEMENT, IN DOCKET NO AND APPROVED BY THE FEDERAL MARITIME COMMISSION ON MARCH 29, 2005, VESSELS CALLING AT ZEN-NOH ARE REQUIRED TO USE THE DESIGNATED TUG PROVIDER SELECTED BY ZEN-NOH AT THE RATES SET FORTH IN THE SCHEDULE OF CHARGES. THE NUMBER OF TUGS USED FOR A GIVEN VESSEL IS DETERMINED BY THE MASTER OF THE VESSEL AND THE TUG PROVIDER, BASED ON THE SIZE OF THE VESSEL AND THE PREVAILING RIVER CONDITIONS, BUT MINIMUM TWO (2) TUGS FOR VESSELS UNDER 500' AND THREE (3) TUGS FOR VESSELS 500' AND ABOVE. 8

9 12. VESSELS BERTHED AT THE ELEVATOR DOCK SHALL AT ALL TIMES MAINTAIN APPROPRIATE OFFICERS AND CREW ABOARD TO PERMIT RECEPTION OF CARGO AND FOR SHIFTING, AT ANY TIME OF DAY OR NIGHT. 13. STRONG AND UNPREDICTABLE CURRENTS, PARTICULARLY IN HIGH WATER, EXIST IN THE VICINITY OF THE DOCK. ADDITIONALLY, THE ELEVATOR LOADS GRAIN AT A RAPID RATE. VESSELS SHALL BE SOLELY RESPONSIBLE FOR THEIR SAFE AND PROPER MOORING AND SHALL FURNISH AND MAINTAIN AN ADEQUATE NUMBER OF MOORING LINES OF SUFFICIENT SIZE WHICH SHALL BE CONSTANTLY TENDED DURING LOADING. 14. REQUESTS ORIGINATING FROM THE VESSEL FOR OVERTIME WORK MUST BE MADE IN WRITING TO THE ELEVATOR MANAGEMENT PRIOR TO 3:00 P.M. OF THE STRAIGHT TIME WORKING DAY PRECEDING THE OVERTIME PERIOD. 15. SHIFTING COST FOR COMING IN AND OUT OF THE BERTH OR WHILE ALONGSIDE THE BERTH LOADING, WHETHER UNDER THE PROVISIONS SET FORTH ABOVE OR OTHERWISE, SHALL BE AT THE VESSEL S RISK AND EXPENSE. 16. VESSEL SHALL NOT BLOW THEIR TUBES IN THE VICINITY OF THE ELEVATOR DOCK. A PENALTY OF $1, SHALL BE LEVIED AGAINST THE OWNERS OF THE VESSEL VIOLATING THIS RULE TOGETHER WITH ANY AND ALL DAMAGES SUSTAINED BY THE ELEVATOR. 17. WHEN BAGGING IS NECESSARY, A VESSEL MAY, AT THE DISCRETION OF THE ELEVATOR, BE ORDERED TO VACATE THE BERTH AT ITS OWN EXPENSE. 18. IF IN THE OPINION OF THE ELEVATOR, THE WEATHER CONDITIONS SO WARRANT, ANY VESSEL IN BERTH MAY BE ORDERED AT ANY TIME OF DAY OR NIGHT TO VACATE SAID BERTH AND ANCHOR IN AN APPROVED ANCHORAGE AREA UNTIL SUCH TIME AS WEATHER CONDITIONS PERMIT THE VESSEL TO RETURN TO BERTH. APPROPRIATE OFFICERS AND CREW SHALL BE MAINTAINED ABOARD FOR THIS PURPOSE. 19. ABUSE OF ELEVATOR OWNED DOCK EQUIPMENT, INCLUDING BUT NOT LIMITED TO TRIMMING MACHINES, SPOUTS, SPOUT EXTENSIONS LINE AND WINCHES WILL NOT BE TOLERATED. A FINE COMMENSURATE WITH THE EXTENT AND NATURE OF THE DAMAGES WILL BE LEVIED AGAINST THE RESPONSIBLE PARTY(S) FOR SUCH ABUSE USE OF EQUIPMENT. 20. SHOULD A VESSEL LOADING GRAIN AT THE ELEVATOR BERTH FIND IT NECESSARY TO DISCHARGE BALLAST, FUEL, OR FRESH WATER, SUCH DISCHARGING MUST BE PLANNED SUFFICIENTLY IN ADVANCE SO THAT LOADING AND COMPLETION WILL NOT BE DELAYED. ANY STOPPAGE OF LOADING RESULTING FROM DISCHARGE OF BALLAST, FUEL OR FRESH WATER WILL BE CHARGED AGAINST THE VESSEL AND/OR ITS OWNER AT THE RATE OF $7, FOR EACH HOUR OR FRACTION THEREOF THAT LOADING IS DELAYED. 21. VESSELS WILL BE ALLOWED TO TAKE ON BUNKERS ONLY AT THE DISCRETION OF ZEN-NOH MANAGEMENT. WRITTEN AUTHORIZATION FROM ZEN-NOH MUST BE OBTAINED PRIOR TO TAKING ON BUNKERS WHILE AT THE ELEVATOR. 9

10 22. IF WEATHER, RIVER OR OTHER CONDITIONS, IN THE OPINION OF THE ELEVATOR, SO WARRANT, VESSEL MAY BE REQUIRED TO USE ADDITIONAL TUG BOATS WHEN DOCKING OR UNDOCKING OR LYING AT BERTH. SUCH ADDITIONAL TUG BOAT EXPENSE SHALL BE FOR THE ACCOUNT OF THE VESSEL AND/OR ITS OWNER. 23. ZEN-NOH, AT ITS SOLE DISCRETION, MAY ALTER THE ORDER OF VESSELS, WHETHER BERTHED OR NOT, OR ASSIGNED A BERTH, TO VESSELS PASSED IN SPECIFIC COMPARTMENTS IN THE EVENT THAT IT IS FACED WITH AN URGENT NEED TO RECEIVE OR SHIP A PARTICULAR GRADE OR KIND OF GRAIN, OR IN ITS JUDGMENT CONDITIONS AT THE DOCK OR IN THE ELEVATOR WILL BE FACILITATED THEREBY. 24. THE ELEVATOR WILL UNDERTAKE TO FURNISH ALL SERVICES SPECIFIED IN THIS TARIFF WITH REASONABLE PROMPTNESS, BUT IS NOT OBLIGATED TO FURNISH SERVICES, AND THE ELEVATOR IS NOT LIABLE FOR FAILURE TO DO SO IN THE EVENT OF GOVERNMENT INTERVENTION, LABOR TROUBLES, WAR CONDITIONS, CIVIL COMMOTIONS OR CAUSES BEYOND THE CONTROL OF THE ELEVATOR. 25. ANCHORAGE REQUIREMENTS. ANY VESSEL DESIRING A BERTH AT ZEN-NOH WILL BE REQUIRED TO ANCHOR AT THE CLOSEST ANCHORAGE AVAILABLE TO CONVENT IF SPACE IS AVAILABLE. IN THE EVENT A VESSEL FAILS TO COMPLY WITH THIS REQUIREMENT AND ANOTHER VESSEL OR VESSELS, ALTHOUGH FILED LATER, ARE ANCHORED AT AN ANCHORAGE CLOSER TO CONVENT THAN THE SUBJECT VESSEL, ZEN-NOH MAY AT ITS DISCRETION BY-PASS THE VESSEL FAILING TO COMPLY WITH THE ABOVE REQUIREMENTS, IF, IN ZEN-NOH S JUDGMENT LOSS OF BERTH TIME MAY BE AVOIDED THEREBY. 26. IF AT ANY TIME A SHIP STOPS OR DELAYS THE ELEVATOR LOADING OPERATIONS FOR ANY REASON, WHETHER CAUSED BY THE SHIP OR OTHERWISE, EXCEPT FOR CASES CAUSED BY THE ELEVATOR S INABILITY TO LOAD, A CHARGE OF $7, PER HOUR, OR FRACTION THEREOF, SHALL BE ASSESSED AGAINST THE VESSEL AND/OR ITS OWNERS AND/OR AGENTS. 27. THE ELEVATOR RESERVES TO ITSELF THE RIGHT TO INTERPRET AND APPLY THIS TARIFF AT ITS OWN DISCRETION. 10

11 SECTION II DOCKAGE AND PORT CHARGES 1. DOCKAGE THE FOLLOWING DOCKAGE CHARGES SHALL BE ASSESSED AGAINST AND BE PAYABLE BY ALL VESSELS AND BARGES AND SHALL APPLY DURING THE TIME THE VESSEL OR BARGE IS TIED ALONGSIDE THE DOCK, WHETHER WORKING OR NOT: A. $3.30 PER GROSS REGISTERED TON FOR THE DURATION OF THE LOADING TIME OF THE VESSEL. B. MINIMUM DOCKAGE CHARGE ON ANY VESSEL OR BARGE IS $30, C. DOCKAGE CHARGES WILL BE ASSESSED BASED ON THE G.R.T. SHOWN IN THE WEEKLY EDITION OF LLOYD S SHIPPING INDEX. 2. LINE HANDLING. MOORING LINES WILL BE HANDLED BY THE ELEVATOR AT A CHARGE OF $1, EACH TIME THE LINES ARE HANDLED BY LINESMEN ON THE DOCK. 3. WATER. WATER WILL BE SUPPLIED FROM SHIPSIDE CONNECTIONS AT THE MASTER S REQUEST, WHEN AVAILABLE, BY ARRANGEMENT ONLY. CHARGES WILL BE ASSESSED AT $5.00 PER SHORT TON WITH A MINIMUM OF $1, TRACTORING HOLDS. $1, PER HOLD PLUS OVERTIME RATE PER HOUR FOR EACH HOUR WORKED WHEN ORDERED BY THE VESSEL, NATIONAL CARGO BUREAU, OWNERS AND/OR AGENTS. 5. SPOON/ MACHINE TRIMMING. SPOON/ MACHINE TRIMMING WILL BE PERFORMED ONLY AT THE DISCRETION OF ELEVATOR MANAGEMENT. RATES AND FEES FOR SUCH SERVICES MUST BE NEGOTIATED IN ADVANCE IN WRITING WITH ELEVATOR MANAGEMENT. 6. WING TANK LOADING. $1, PER HOLD PLUS OVERTIME RATE PER HOUR FOR EACH HOUR WORKED. 7. PONTOON COVERS. VESSELS HAVING PONTOON COVERS, WILL BE ASSESSED A CHARGE OF $1.00 PER LONG TON ON CARGO LOADED. 8. GANGWAY RENTAL. $ PER DAY OR FRACTION THEREOF. 9. ADVANCED PAYMENT OF CHARGES THE ELEVATOR RESERVES THE RIGHT TO ESTIMATE AND COLLECT IN ADVANCE, DOCKAGE, LINE HANDLING, ELEVATOR OVERTIME, WATER CHARGES AND TUG CHARGES. PAYMENT MUST BE PRESENTED TO ZEN-NOH ALONG WITH THE APPLICATION FOR BERTH PRIOR TO VESSEL BERTHING. ANY OVERPAYMENT CAN BE APPLIED TO ANY OUTSTANDING INVOICE(S). 10. ELECTRIC CURRENT. ELECTRIC CURRENT FOR POWER AND LIGHTING PURPOSES FROM SHIPSIDE PLUG RECEPTACLES WILL BE SUPPLIED, WHEN AVAILABLE, BY ARRANGEMENT ONLY. 11

12 11. PAYMENT OF INVOICES. ALL INVOICES FOR CHARGES ARE DUE AND PAYABLE UPON PRESENTATION AND FAILURE TO PAY WHEN PRESENTED SHALL CAUSE THE NAME OF THE USER TO BE PLACED UPON A DELINQUENCY LIST, AT THE DISCRETION OF THE ELEVATOR MANAGEMENT, USERS APPEARING ON SAID LIST MAY BE DENIED FURTHER USE OF THE FACILITY. THE ELEVATOR RESERVES THE RIGHT TO ESTIMATE AND COLLECT IN ADVANCE ALL CHARGES WHICH MAY BECOME DUE AND PAYABLE. USE OF THE FACILITY MAY BE DENIED TO ANY USER UNTIL SUCH ADVANCE PAYMENT(S) ARE MADE. ANY PAYMENT RECEIVED MAY BE APPLIED IN WHOLE OR IN PART AGAINST THE OLDEST INVOICES RENDERED THE USER. INVOICES NOT PAID WITHIN THE 30 DAY NET DUE PERIOD WILL BE ASSESSED A 1-½% SERVICE CHARGE PER 30 DAY PERIOD OR FRACTION THEREOF. IF THE ELEVATOR REFERS THE CHARGES TO AN ATTORNEY, THE VESSEL AND/OR ITS OWNER SHALL BE RESPONSIBLE FOR SUCH FEES AND COST WHICH ARE AGREED TO BE (10%) PERCENT OF THE AMOUNT OF THE INVOICE. 12. TUGS. ALL TUG SERVICE WILL BE HANDLED BY ZEN-NOH S DESIGNATED TUG PROVIDER, IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT REACHED BETWEEN ZEN-NOH AND THE FEDERAL MARITIME COMMISSION. ONLY THE DESIGNATED TUG COMPANY WILL BE ALLOWED TO PROVIDE TUG SERVICES TO VESSELS CALLING AT ZEN-NOH. COST OF SERVICES ARE AS FOLLOWS AND ARE DUE AND PAYABLE IN ADVANCE: DOCK/UNDOCK SHIPS: $2, PER TUG PLUS TONNAGE CHARGE OF $22.63 PER 1,000 GRT. TUG CHARGES WILL BE ASSESSED BASED ON THE G.R.T. SHOWN IN THE WEEKLY EDITION OF LLOYD S SHIPPING INDEX. SHIFTING ALONGSIDE BERTH: $3, PER TUG PLUS TONNAGE CHARGE OF $22.63 PER 1,000 GRT. STAND BY TIME: $ PER HOUR PER TUG HOLD-INS: $ PER HOUR PER TUG REPORTING CHARGE: $ 1, PER TUG TOWAGE NOT COVERED ABOVE: $ PER HOUR PER TUG ZEN-NOH RESERVES THE RIGHT TO IMPOSE A FUEL OR SECURITY SURCHARGE IN THE EVENT THAT CIRCUMSTANCES WARRANT SUCH A CHARGE, AT THE SOLE DISCRETION OF ZEN-NOH. 13. SECURITY CHARGE DUE TO COSTS AND EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF AND COMPLIANCE WITH THE MARITIME TRANSPORTATION SECURITY ACT OF 2002, 46 USC ET SEQ. AND IMPLEMENTING REGULATIONS, 33 CFR 101, 104, 105, EFFECTIVE JULY 1, 2004, ZEN-NOH WILL ASSESS A SECURITY FEE OF $2, UPON EACH VESSEL CALLING AT THE ELEVATOR, DUE AND PAYABLE IN ADVANCE. 12

13 14. OVERTIME LOADING VESSELS ON OVERTIME WILL BE PERFORMED ONLY AT THE DISCRETION OF THE ELEVATOR MANAGEMENT AND THE CHARGES THEREFORE SHALL BE ASSESSED AGAINST THE PARTY ORDERING THE OVERTIME WORK, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH B-3 OF SECTION I. THE CHARGES FOR OVERTIME, WHICH SHALL INCLUDE OVERTIME COST OF BOTH WAREHOUSE PERSONNEL AND FEDERAL GRAIN INSPECTION SERVICE PERSONNEL, SHALL BE AS FOLLOWS: ALL OVERTIME $1, PER HOUR ALL OVERTIME WILL BE CHARGED IN ¼ HOUR INCREMENTS BASIC STRAIGHT TIME HOURS ARE: 0800 HRS TO 1200 NOON AND 1300 HRS TO 1700 HRS MONDAY THRU FRIDAY EXCEPT HOLIDAYS 16. ELEVATOR HOLIDAYS. NEW YEARS EVE NEW YEARS DAY ALL SAINTS DAY MARDI GRAS GOOD FRIDAY EASTER SUNDAY MEMORIAL DAY INDEPENDENCE DAY (FOURTH OF JULY) LABOR DAY THANKSGIVING DAY ACADIAN DAY (DAY AFTER THANKSGIVING) CHRISTMAS EVE CHRISTMAS DAY AND ANY OTHER DAYS DESIGNATED AS HOLIDAYS BY THE UNITED STATES, THE STATE OF LOUISIANA, ST. JAMES PARISH OR OTHER GOVERNMENTAL AUTHORITY HAVING LAWFUL JURISDICTION. SHOULD ANY OF THE ABOVE HOLIDAYS FALL ON SATURDAY, THE PRECEDING FRIDAY WILL ALSO BE OBSERVED AS A HOLIDAY. IF THE PRECEDING FIRDAY IS ALREADY A HOLIDAY THE SATURDAY HOLIDAY WILL BE OBSERVED AS A HOLIDAY. SHOULD ANY OF THE ABOVE HOLIDAYS FALL ON A SUNDAY, THE FOLLOWING MONDAY SHALL ALSO BE OBSERVED AS A HOLIDAY. IF THE FOLLOWING MONDAY IS ALREADY A HOLIDAY THE SUNDAY HOLIDAY WILL BE OBSERVED ON THE FOLLOWING TUESDAY. THE ELEVATOR MANAGEMENT RESERVES THE RIGHT TO DECLARE OTHER SPECIAL HOLIDAYS AT ITS DISCRETION BY INFORMING ITS CUSTOMERS NOT LESS THAN (7) DAYS PRIOR TO SUCH DECLARATION. 13