Common use of Labor Services Clause in Contracts

Labor Services. Stand-by dock Operator fees per person for all actual time that Operator’s personnel are required for the loading and unloading of Customer’s Marine Vessels pursuant to the Long Beach Agreements, and any additional services not expressly covered by the Long Beach Agreements which are requested by Customer and agreed to by Operator based on the rates set forth on a Terminal Service Order. In addition, Customer shall pay Operator for any materials used in the performance of such services 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.).