SECTION TWO

WHARFAGE AND DOCKAGE APPLICABLE AT THE BULK TERMINAL

ITEM 200
WHARFAGE (A) 1-1-2009

A. RESPONSIBILITY FOR PAYMENT OF WHARFAGE CHARGES
Wharfage is due from the owner, shipper or consignee of the cargo and shall be collected for and on behalf of the Port Authority by the vessel discharging or loading the cargo, or for which the cargo was received, through the vessel’s owner, agent or other person duly authorized, and such vessel and its owner and agent, jointly and severally, shall guarantee and be liable for the payment of such charges to the Port Authority whether or not collected by such vessel or its owner or agent. The use of the Bulk Terminal wharves or other terminal facility by the vessel or its owner or agent shall constitute acceptance and acknowledgement of this agency, guaranty and liability.

B. RESPONSIBILITY FOR REPORTING WHARFAGE
All vessels, their owners and/or agents, and all other Users of the Bulk Terminal, and other public port facilities, shall file with the Port Authority a wharfage transaction form accompanied by a manifest, which must be amended to include all changes and supplements thereto covering all cargo loaded or unloaded. Such wharfage transactions shall be reported on a processed Wharfage Transaction Form provided by the Port Authority. The Wharfage Transaction Form on inbound cargo must be processed not later than ten (10) days after the arrival of the vessel. The Wharfage Transaction form on outbound cargo must be filed no later than ten (10) days after the vessel sails.

C. WHARFAGE ON CARGO NOT SHIPPED BY WATER
Cargo handled at the wharf shall be considered to have earned wharfage, and wharfage will be collected on such cargo so handled whether or not it is loaded to or from a waterborne vessel.

D. WHARFAGE CHARGES (R) 6-17-2009
Unless otherwise provided herein, wharfage on dry bulk commodities handled at the Bulk Terminal shall be:

ALL COMMODITIES, NOS $0.62 PER 2,000 Lbs. ($0.683426 metric ton) (R) 6-17-2009

ITEM 205
TERMINAL USE CHARGE (A) 1-1-2009

All cargo moved through the Bulk Terminal by rail or truck, for which no Bulk Terminal wharfage charges apply, shall be assessed a terminal use charge of Sixty Three Cents ($0.63) per ton of 2,000 Lbs. ($0.6944 per metric ton)

ITEM 210
DOCKAGE (A) 1-1-2009

Dockage rates apply to all vessels when moored to the Authority’s Bulk Terminal docks, or moored to vessels so berthed. Dockage applies per 24-hour period or fractional part thereof.

51 CENTS ($0.51) (A) PER GRT (Note 1) OR NRT (Notes 2 and 3)

Note 1: Applies to self-propelled ships and ocean going barges. Charges will be based on the highest gross tonnage published in LLOYD’S REGISTER OF SHIPPING.

Note 2: Applies to inland waterway barges. Charges will be based on the highest net tonnage shown in the U. S. Army Corps of Engineers publication, WATERBORNE TRANSPORTATION LINES OF THE UNITED STATES, or MERCHANT VESSELS OF THE UNITED STATES, published by the U.S. Coast Guard.

Note 3: The Port Authority cannot recognize the many parties involved with barge transportation and holds the owner of each barge moving into, from or within the harbor, west of the Harbor Bridge, responsible for all dockage charges incurred by or accruing against the barge. Authority will invoice all dockage charges incurred by a barge to the owner of the barge and such owner shall be liable for the payment of such charges to Authority unless, prior to incurring the dockage charge, Authority is requested in writing and agrees to invoice dockage charges to another responsible party who guarantees payment. The use of a wharf, dock, pier, berth, shore, bank or any other terminal facility by the barge shall constitute acceptance and acknowledgement of this liability.