Barges. Upon arrival of any barge transporting material to a Landfarm at the direction of NESI or any of its Affiliates, USL shall have the right to have an independent third party inspector selected by USL undertake an inspection of the barge transporting material to the Landfarm for the purpose of determining (a) the volume of materials delivered and (b) the condition of the barge on arrival at the Landfarm. The costs of such inspector shall be split evenly between NESI and USL, and NESI's portion of such expense shall be included on the monthly invoices prepared by USL in accordance with Section 4.3. Before any materials are off-loaded from the barge or any inspection or testing is undertaken by USL, the independent inspector will provide the authorized representatives of NESI and USL with an inspector's report indicating the time and date, the barge identification number and volume of waste materials in the barge. The authorized representatives of the parties will indicate their acceptance of the inspector's report by signing the report. In the event either authorized representative disagrees with the volume determination, either authorized representative may request that an additional independent third-party inspector prepare an inspector's report, the cost of which shall be borne by the party requesting the same. If the parties are unable to agree on the actual volume of waste after the preparation of the second inspector's report, the two independent inspectors shall select a third independent inspector to prepare an inspector's report, the cost of which will be borne half by NESI and half by USL. The final volume determination shall be that volume agreed upon by the majority of the independent inspectors that have inspected the barge. If the barge appears to be damaged in any significant respect, the inspector shall summarize the apparent damage and take photographs as appropriate to evidence the scope of the damage. The authorized representative of NESI shall approve such damage summary by executing the same prior to the time any material is off-loaded from the barge. With regard to barges owned and operated by NESI, USL agrees that it shall not exercise its right to implement the procedures set forth in this Section 6.4.1 unless the parties have previously had a dispute or disagreement relating to the quantity of materials delivered to a Landfarm by NESI or the condition of a barge owned and operated by NESI and such dispute or disagreement was not amica...
Barges. The Grantor will not do, or suffer or permit to be done anything that will impair the lien of the Secured Parties against the Barges. Grantor will not document any collateral as a vessel under the flag of the United States of America without the written consent of the Required Lenders. Grantor will not operate any Barge outside the navigational limits of the insurance policy or outside the State of New York without receiving the written consent of the Required Lenders. [Astoria Agreement only.]
Barges. When the barge is four hours from arriving at the Terminal, the barge owner, agent or pilot shall notify the Terminal. The Terminal shall attempt to berth the barge on an equal basis with all other Vessels arriving at the port to load or discharge cargoes in the same order in which the Terminal receives the four hour notifications or NORs from the barge or Ship, respectively.
Barges. Not less than five days prior to the ETA of a barge, the Vessel Party shall provide the nomination for such barge to the Terminal Party with an arrival window of no more than three days. The Terminal Party shall confirm the nomination in writing based on the dock availability and approval by Sterling’s vetting process. If the Terminal Party does not accept the barge then the Terminal Party shall indicate each unacceptable item in writing. Once all of the items are resolved, the Terminal Party shall accept the barge.
Barges. The allowed laytime shall be either a specified number of hours or at a pumping rate as defined in the Agreement, subject to an 8-hour minimum. If allowed laytime is not specified in the Agreement, then laytime allowed shall be the number of hours or at the pumping rate (in metric tons per hour) set forth below and based on Cargo lot size, or as may otherwise be mutually agreed between the Parties. If the Terminal will not permit loading or discharging of Cargo within the specified time or at the agreed pumping rate, then the additional time necessary therefore shall be deemed to be used laytime. Cargo Lot Size Loading/Unloading Rate ³ 30,000 BBLs 24 hours ³ 20.000 but < 30,000 BBLs 16 hours < 20,000 BBLs 12 hours If the barge arrives on the first day of the arrival window, laytime shall commence when the barge is spotted at the dock and the mooring at berth (all fast) is completed but no earlier than 0400 hrs.
Barges. A. For the duration of the operation contemplated herein, AUTHORITY may allocate AUTHORITY-owned lash barge Number 416 for LESSEE 5 use in the project. All maintenance and repair of the barge shall be the responsibility of the LESSEE. Upon termination of this Agreement, by expiration of Term or otherwise, said barge shall be returned to the AUTHORITY in good condition and repair, reasonable wear and tear excepted.
Barges. (a) The barges named “Creole 5” and “Creole 6” (U.S. Coast Guard official numbers 585504 and 585505, respectively) (collectively, the “Barges”) are located in the Vicksburg, Mississippi hailing port and have most recently been inspected by the American Bureau of Shipping on March 10, 2010. The Partnership has good and merchantable title to the Barges, free and clear of all Liens, other than Permitted Liens. The Partnership does not own any barge other than the Barges.