Removal of Cargo. The Operator may, require the removal of Cargo that, in the Operator’s sole opinion and discretion: (a) it deems to be Hazardous Cargo or likely to damage human health, other Cargo or other property or may contain a Hazardous Substance; or (b) is not in a condition for properly being handled at the Berth Corridor; or (c) that is on the Berth Corridor without permission; or (d) that is on the Berth Corridor beyond the allowed Free Time. Such removal shall be, on a joint and several bases, at the expense of any Users, including the Cargo Owner and the Vessel Owner that carried the Cargo in the case of an Import Shipment or the Cargo Owner and the Vessel Owner that was scheduled to carry the Cargo in the case of an Export Shipment. Upon the receipt of such notice, the applicable User, Cargo Owner or Vessel Owner shall remove the Cargo immediately. The Operator may, at the risk and expense of the applicable User, Cargo Owner or Vessel Owner, remove, store, relocate or dispose of any Cargo that is not removed as required by this Subsection. The Operator shall not be responsible for any loss or damage of whatsoever nature and howsoever caused, even if caused by an act, omission or the negligence of the Operator, in respect of the removal, storing, relocating or disposing of Cargo under this Subsection. All costs and expenses incurred by the Operator under this Subsection shall be immediately due and owing.
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Samples: Revised And, Revised And, Revised And
