Preferential Berthing Sample Clauses

Preferential Berthing a. Carrier shall have the right to berth any of its vessels at a wharf named by PHA at Barbours Cut Terminal provided the wharf is fitted with neo-panamax cranes (the “Preferential Berth”), on the terms provided herein (the “Preferential Berth Rights”) and provided that the Carrier notifies the PHA’s Terminal Manager, or his designee, in writing of the schedule arrival time of such vessel (a “Preferential Vessel”) at least forty-eight (48) hours in advance of such arrival. Once the Preferential Berth is established, the berth will not change unless mutually agreed to by the parties. Whenever requested by Carrier, PHA shall also be required to provide the Preferential Berth Rights to any vessel operated by or on behalf of any of Carrier’s vessel sharing partners, where at least fifty percent (50%) on average of the containers to be loaded or discharged from such service vessels (individually, a “Shared Vessel”) at the Terminals are Carrier’s containers. Unless an alternate berth is mutually agreed upon, Carrier shall use the Preferential Berth any time a Preferential Vessel or a Shared Vessel arrives. b. Carrier shall use its best efforts to allow cargo operations of such Preferential Vessel to be completed in a prudent and timely manner after its arrival at the Preferential Berth, and shall cause such Preferential Vessel to vacate the Preferential Berth upon completion of such cargo operations. c. If such Preferential Vessel does not vacate the Preferential Berth upon completion of such cargo operation, PHA shall be entitled to cause it to so vacate in accordance with the Tariffs. d. PHA reserves the right to occupy and receive and discharge any cargo at the Preferential Berth when it is not occupied by Preferential Vessel in accordance with the terms of this Agreement. e. If any vessel other than a Preferential Vessel (a "Non-Preferential Vessel") occupies the Preferential Berth at a time when such berth is required for a Preferential Vessel, PHA will instruct the Non-Preferential Vessel to vacate the Preferential Berth forthwith. If the PHA is unable to make the Preferential Berth available for a Preferential Vessel following notice from Carrier as provided herein, it shall not be an Event of Default hereunder, but the PHA shall waive the first day's dockage charge for berth occupancy of such Preferential Vessel. Except during any time that the Preferential Berth is out of service, or damaged or destroyed by circumstances reasonably beyond the control of...
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Preferential Berthing. LESSEE may use Berth No. 7 on a preferential basis on one (1) designated day per week. Said designation shall be made by LESSEE and furnished to the AUTHORITY in writing. Said designation may be changed by LESSEE with thirty (30) days prior written notice to the AUTHORITY, and shall be approved as long as said change does not conflict with other berthing agreements.
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