Berthing Services Sample Clauses

Berthing Services. (i) the Operator shall provide (either directly or by facilitating the provision of such services by third parties) secondary waterborne freight services to the extent the same do not both interfere with the aviation services, expand outside the parameters laid out in the EAS (the “Berthing Services”) and are in accordance with all of the provisions of this Agreement, including, without limitation, all exhibits attached hereto and the “Berthing Plan” as attached hereto as Exhibit B, which are hereby incorporated and made a part of this Agreement. The Operator shall be responsible for providing all staffing, access and associated equipment and services necessary to provide all Berthing Services; (ii) in performing the Berthing Services, the Operator and its contractors, employees and agents shall comply with all Laws, including, without limitation, the applicable written policies of the City, Agreement Administrator, the New York City Department of Transportation (“NYCDOT”), the New York State Department of Transportation (“NYSDOT”), and the provisions of the National Labor Relations Act (“NLRA”). The Berthing Services shall not interfere with the navigational operation of the Staten Island Ferry, the NYC Ferry Service (the “NYCF”) or with law enforcement operations of the United States Coast Guard or any other governmental agency with jurisdiction over the Berthing Services or the Operator. The Operator’s personnel shall cooperate with personnel of the City and the Agreement Administrator. Except where the captain or a port captain of Operator has determined that a condition exists that makes it unsafe or impossible to operate the vessels and aircraft, the Operator shall not make any changes in the Berthing Services without prior approval in writing from the Agreement Administrator, which such approval shall be granted in the City’s reasonable discretion; (iii) at no time shall the Berthing Services interfere with the aviation services provided hereunder; (iv) six months prior to the Marine Highway Project Improvements Deadline, the Operator shall provide a more extensive Berthing Plan for the Berthing Services for the Agreement Administrator’s initial review and comment. The Agreement Administrator will provide comments thereto within thirty (30) days upon receipt. The Operator shall have forty-five (45) days following receipt of the Agreement Administrator’s comments to incorporate such comments and provide a final draft of the Berthing Plan for the Agre...