Common use of AGREEMENT AUTHORITY Clause in Contracts

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties 5.01. The Members are authorized, but not required, to meet, exchange information or otherwise discuss their separate tariffs, rates, service items, rules and agree upon service contracts, in the Trade, and to reach consensus or agreement thereon but shall, despite any agreement, have no obligation under this Agreement to adhere, other than voluntarily, thereto. The authority of the Members includes, but is not limited to, consideration of and, subject to Article 5.03 hereof, agreement on all aspects of transportation and service in the Trade, including rates, charges, classification, practices, terms, conditions and rules and regulations applicable to transportation of cargo within the Trade and to service provided in connection therewith, notice periods for changing rates, service items, port-to-port rates, overland rates, minilandbridge rates, interior point intermodal rates, proportional rates, through rates, inland portions of through rates, joint rates, minimum rates, surcharges, arbitraries, volume rates, time/volume rates (including the aggregation of cargo under time/volume rates published in their respective tariffs), project rates, freight-all-kinds rates, volume incentive programs, loyalty arrangements or fidelity commission systems conforming to the anti-trust laws of the United States, consolidation, consolidation allowances, rates on commodities exempt from tariff filing, absorptions, equalization, substituted (alternate port) services, allowances, freight forwarder compensation, brokerage, the conditions determining such compensation or brokerage and the payment thereof, receiving, handling, storing, and delivery of cargo, designation of base ports and points, pick up and delivery charges, free time practices, detention, demurrage, container freight stations, port and inland container yards and container depots, terminals and other points of cargo receipt, vanning, devanning, furnishing equipment to or leasing equipment from shippers/consignees/ inland carriers/others, collection agents at destination, maintaining and distributing information and data and statistics and all other practices, rules, regulations, and matters ancillary to transportation of cargo moving within the scope of this Agreement, rules regarding the time and currency in which the Members collect their rates and charges, credit conditions, suspension and restoration of credit privileges, handling of delinquent accounts and interest thereon. The Members will, to the extent required by law or as determined by them, publish and file their own separate tariff or tariffs. 5.02. The Members or any two or more of them are authorized to collect, exchange and discuss information relevant to the Trade or any portion thereof including, but not limited to, economic forecasts; past, present or expected future conditions in all or any portion of the Trade; their revenues, costs, profits and losses (including any specific revenue and/or cost items or elements); and information about rates or other terms by being offered by carriers in the Trade. 5.03. This Agreement does not authorize any common tariffs. All Members collectively, or any two or more Members separately, may jointly enter into service contracts for cargo moving in the Trade and the Agreement may adopt voluntary, non- binding guidelines relating to the handling terms and transportation procedures of hazardous cargoesa Member’s or Members’ service contracts which shall be submitted to the Federal Maritime Commission confidentially. The Members are not required hereunder to agree upon, including:or if they do agree, to adhere to any uniform rates, charges, practices, conditions of service, or other decisions. Each Member shall designate a point or points of entry for receipt of all inter-party communications in connection with the operation of this Agreement. (a) Positions 5.04. The Members, or any two or more of them, are authorized to discuss, agree upon, enter into, amend, and terminate one or more contracts with third-party vendors for the provision of services to such Members, including collection of detention, demurrage, equipment damage, or other charges. Notwithstanding any contracts entered into pursuant to this Article 5.04, and in keeping with the voluntary, non-binding nature of this Agreement, each Member shall remain free to determine the amount of any charges to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunalscollected on its behalf by a third-party vendor, as well as trade associations, international bodies all terms and organizations; Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices conditions relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport application of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassissuch charges. 5.2 5.05. The parties Members, or any two or more of them, may meet in person, by telephone or by other electronic means and exchange information, statistics, reports, studies discuss and other data pertaining reach non-binding agreement with respect to matters within the scope of any matter authorized by Article 5.15 hereof. 5.3 5.06. Any agreement reached on items subject to tariff filing two or more Members may agree among themselves upon the terms and conditions pursuant to Section which any of them may charter space on the vessel(s) of another Member on an ad hoc, emergency or interim (i.e., not to exceed 90 days) basis, for the transportation of cargo in the Trade. Any on-going space charter arrangement involving two or more of the Shipping Act of 1984, as amended, Members shall be authorized by a matter of voluntary adherence by each party, and nothing in this separate agreement filed with the FMC. The Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice submit reports to the AgreementFMC on a quarterly calendar year basis reflecting all chartering arrangements effected between or among the Members pursuant hereto and specifying, for each such arrangement, (i) the names of the chartering and underlying Members; provided, however, that nothing herein shall authorize (ii) the parties to agree upon rates to 6e offered to shippersamount of space chartered expressed in twenty-foot equivalent units (TEUs); (iii) the commencement and termination dates; and (iv) ports of loading and discharge. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; ; (b) Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, interchange, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and and (c) Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) LEGAL\63204910\1 intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section 8(a) of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e be offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate costs incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods (IMDG) Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5.

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; ; (b) Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, interchange, and delivery of hazardous cargoes, whether moving under through bill of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and and (c) Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) LEGAL\51540040\1 intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section 8(a) of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e be offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate costs incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods (IMDG) Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5.

AGREEMENT AUTHORITY. 5.1 Under this Agreement, the parties are authorized, but not required, to discuss and agree upon all matters relating to the handling and transportation of hazardous cargoes, including: (a) Positions to be taken in submissions to and proceedings before governmental agencies, departments, legislative bodies, and tribunals, as well as trade associations, international bodies and organizations; Uniform or differential transportation procedures, requirements, standards, conditions, classifications, rules, and practices in the Trade pertaining to the acceptance, refusal, handling, documentation, transfer, loading, unloading, storage, ocean and/or inland transportation, and delivery of hazardous cargoes, whether moving under through bill ▇▇▇▇ of lading or otherwise, by direct service or transshipment, and whether moving under tariffs, service contracts or otherwise; and Uniform or differential procedures, requirements, standards, conditions, classifications, rules and practices relating to the purchase, lease, acceptance, refusal, use, handling, documentation, interchange, transfer, loading, unloading, storage and transport of International Vessel Operators Hazardous Material Association Agreement Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ Edition) intermodal and other equipment, including without limitation, dry containers, tank containers, bolsters, tanks, and chassis. 5.2 The parties may exchange information, statistics, reports, studies and other data pertaining to matters within the scope of Article 5.1. 5.3 Any agreement reached on items subject to tariff filing pursuant to Section of the Shipping Act of 1984, as amended, shall be a matter of voluntary adherence by each party, and nothing in this Agreement shall bind any party hereto to any /- such agreement or prevent any party from departing from such agreement at any time upon written notice to the Agreement; provided, however, that nothing herein shall authorize the parties to agree upon rates to 6e offered to shippers. 5.4 The parties may agree upon any routine administrative matters relating to the operation or implementation of this Agreement. The parties shall allocate incurred hereunder and pay their respective shares thereof in a timely manner. 5.5 For purposes hereof, references to "hazardous cargoes" shall mean cargoes subject to regulation pursuant to the /- U.S. Hazardous Materials Transportation Act (or government regulations promulgated pursuant thereto) or the International Maritime Dangerous Goods Code. International Vessel Operators Hazardous Material Association Agreement FMC Agreement No. ▇▇▇-▇▇▇▇▇▇-▇▇▇ (2d Edition) Original Page No. 5