TO CLAUSE
10(F).
(D)
IF ANY PAYMENT UNDER THIS CONTRACT BECOMES
DUE ON A DAY THAT IS NOT A BANKING DAY, THE DUE DATE FOR SUCH PAYMENT WILL BE
THE LAST BANKING DAY PRIOR TO THAT BANKING DAY.
(E)
IF EITHER PARTY FAILS TO MAKE ANY PAYMENT
UNDER THIS CONTRACT WHEN DUE IT MUST PAY INTEREST ON THE OVERDUE AMOUNT FROM AND
INCLUDING THE PAYMENT DUE DATE UNTIL BUT EXCLUDING THE DATE ON WHICH PAYMENT IS
MADE BY SUCH PARTY AT THE RATE OF 2% ABOVE THE RATE OF INTEREST EQUAL TO THE
RATE WHICH THE BANK OF TOKYO MITSUBISHI, NEW YORK BRANCH, OR SUCH OTHER FIRST
CLASS INTERNATIONAL BANK AS THE PARTIES MAY OTHERWISE AGREE (SUCH AGREEMENT NOT
TO BE UNREASONABLY WITHHELD) IS CHARGING TO ITS PRIME COMMERCIAL CUSTOMERS FOR
90 DAY US DOLLAR LOANS CALCULATED ON THE BASIS OF A 360 DAY YEAR, AS QUOTED ON
THE DATE WHEN PAYMENT WAS DUE.
(F)
EXCEPT AS THE SELLER MAY OTHERWISE BE
OBLIGED TO PAY PURSUANT TO THE DELIVERY TERMS REFERRED TO IN CLAUSE 7(A):
(I)
ALL IMPORT DUTIES INTO THE PORT OF
HONOLULU, CUSTOMS AND CONSULAR FEES, TAXES, IMPOSTS, LEVIES AND OTHER CHARGES OF
FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITIES IN THE UNITED STATES ON OR
PERTAINING TO THE SALE, IMPORTATION OR DELIVERY OF THE JET FUEL MUST BE BORNE BY
THE BUYER;
(II)
THE BUYER MUST, ON DEMAND, PAY TO OR
REIMBURSE THE SELLER THE AMOUNT OF ALL EXCISE, GROSS RECEIPTS AND FUEL TAXES
HOWSOEVER DESIGNATED IMPOSED BY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITIES
IN THE UNITED STATES, OTHER THAN:
(A)
NET INCOME TAXES, FRANCHISE TAXES (IMPOSED IN
LIEU OF NET INCOME TAXES) AND BACKUP WITHHOLDING TAXES, IN EACH CASE IMPOSED ON
THE SELLER AS A RESULT OF A PRESENT OR FORMER CONNECTION BETWEEN THE SELLER AND
THE JURISDICTION OF THE GOVERNMENTAL AUTHORITY IMPOSING SUCH TAX OR ANY
POLITICAL SUBDIVISION OR TAXING AUTHORITY THEREOF OR THEREIN;
(B)
ANY BRANCH PROFITS TAXES IMPOSED BY THE UNITED
STATES OR ANY SIMILAR TAX IMPOSED BY ANY OTHER JURISDICTION DESCRIBED IN
PARAGRAPH (A); OR
13
(C)
ANY OTHER TAXES ON INCOME, PROFITS OR CAPITAL
WHICH ARE PAID OR INCURRED BY THE SELLER DIRECTLY OR INDIRECTLY WITH RESPECT TO
THE JET FUEL OR THE VALUE THEREOF; AND
(III)
IF THE BUYER IS EXEMPT FROM ANY OF THE
AFOREMENTIONED CHARGES, IT MUST, ON DEMAND, PROVIDE THE SELLER WITH ALL THE
APPLICABLE EXEMPTION CERTIFICATES REASONABLY AVAILABLE.
(G)
AFTER THE END OF THE MONTH IN WHICH A CARGO
HAS BEEN DELIVERED BY THE SELLER TO THE BUYER (OR WOULD HAVE BEEN SO DELIVERED
BUT FOR THE BREACH OF THIS CONTRACT IN RELATION TO THAT CARGO BY THE BUYER) THE
SELLER WILL, IN ACCORDANCE WITH CLAUSE 9, CALCULATE THE PURCHASE PRICE OF THAT
CARGO BASED ON THE ACTUAL QUANTITY OF JET FUEL DELIVERED TO THE BUYER AS
ESTABLISHED PURSUANT TO CLAUSE 5 (OR WOULD HAVE BEEN SO DELIVERED BUT FOR THE
BREACH OF THIS CONTRACT IN RELATION TO THAT CARGO BY THE BUYER) TO DETERMINE IF