Common use of Labor Services Clause in Contracts

Labor Services. Customer shall pay Operator for any materials used in the performance of services not covered by the Long Beach Agreements or the Use Agreement, which are requested by Customer and agreed to by Operator, with respect to Terminal 1 outside the ordinary course of business an amount equal to the cost of such materials plus twenty percent (20%). Materials used in the performance of services outside the ordinary course of business of providing routine berthing and throughput services shall include, but not be limited to: (1) Chemicals (e.g. hydrogen sulfide scavenger, drag reducer, etc.); and (2) Materials used in an emergency response (e.g. oil boom, oil absorbing materials, oil clean up materials, fire suppression foam and extinguishing agents, etc.).