COUNT AS USED
LAYTIME OR IF THE VESSEL IS ON DEMURRAGE, FOR DEMURRAGE:
(I)
ANY DELAY DUE TO THE VESSEL'S CONDITION, BREAKDOWN, OR ANY OTHER
CAUSES ATTRIBUTABLE TO THE VESSEL;
(II)
ANY DELAY DUE TO PROHIBITION OF DISCHARGING AT ANY TIME BY THE
OWNER OR OPERATOR OF THE VESSEL OR BY THE PORT AUTHORITIES, UNLESS THE
PROHIBITION IS CAUSED BY MANUFACTURER OR MANUFACTURER'S FACILITY'S FAILURE TO
COMPLY WITH APPLICABLE LAWS, RULES, AND REGULATIONS;
(III)
ANY DELAY DUE TO POLLUTION OR THREAT THEREOF CAUSED BY ANY DEFECT
IN THE VESSEL OR ANY ACT OR OMISSION TO ACT BY THE MASTER OR CREW OF THE VESSEL;
(IV)
ANY DELAY DUE TO THE VESSEL'S VIOLATION OF THE OPERATING OR SAFETY
RULES AND/OR REGULATIONS, NONCOMPLIANCE WITH: (I) FEDERAL OR STATE LAWS,
(II) U.S. COAST GUARD REGULATIONS, (III) ANY OTHER APPLICABLE REGULATIONS,
(IV) OR FAILURE TO OBTAIN OR MAINTAIN REQUIRED CERTIFICATION;
(V)
ANY DELAYS CAUSED BY STRIKE, LOCKOUT, STOPPAGE OR RESTRAINT OF
LABOR OF MASTER, OFFICERS OR CREW OF THE VESSEL OR OF TUGBOATS;
(VI)
ANY DELAY, NOT BEING FIRST CAUSED BY THE NEGLIGENCE OF
MANUFACTURER OR MANUFACTURER'S FACILITY, BY REASON OF FIRE, EXPLOSION, STORM,
STRIKE, LOCKOUT, STOPPAGE OR RESTRAINT OF LABOR, BREAKDOWN OF MACHINERY OR
EQUIPMENT IN OR ABOUT THE FACILITIES OF MANUFACTURER OR MANUFACTURER'S FACILITY,
ADVERSE WEATHER, CIVIL UNREST, ACT OF WAR, RIOT, ARREST OR RESTRAINT OF PRINCES,
RULERS OR PEOPLES, OR "ACT OF GOD" SHALL BE PAID FOR AT ONE-HALF (1/2) THE RATE
OTHERWISE PROVIDED FOR DEMURRAGE.
(F)
LAYTIME SHALL CEASE AFTER ALL PRODUCT HAS BEEN LOADED AND WHEN
THE HOSES HAVE BEEN DISCONNECTED FROM THE VESSEL AND THE VESSEL HAS BEEN
RELEASED BY MANUFACTURER OR MANUFACTURER'S FACILITY.
(G)
A DECLARATION OF FORCE MAJEURE EVENT SHALL NOT RELIEVE THE
MANUFACTURER FROM THE OBLIGATION TO PAY DEMURRAGE UNDER THIS AGREEMENT.
4.
DEMURRAGE:
(A)
DEMURRAGE RATE: MANUFACTURER SHALL PAY DEMURRAGE, AT THE CHARTER
PARTY RATE FOR ALL TIME THAT USED LAYTIME EXCEEDS THE LAYTIME ALLOWANCE.
(B)
FOR DEMURRAGE PURPOSES, ALL INLAND BARGES OR TOWS OPERATING AS A
UNIT SHALL BE CONSIDERED COLLECTIVELY AS ONE UNIT.