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 this Agreement, and any additional services not expressly covered by this Agreement which are requested by Customer and agreed to by Operator. The initial hourly rate for such labor services shall be as set forth on Schedule 6(a). Operator may adjust such rates once per calendar year subject to escalation as indicated in Section 8(a) to account for changes in Operator’s costs of providing such labor services. 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 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.).