Definitions

a. AGRICULTURAL PRODUCTS - shall refer to such raw products grown or farmed in Puerto Rico, including ornamental plants and flowers as well as processed local agricultural products according to those definitions and certifications provided by the Puerto Rico Department of Agriculture and will be listed by the Puerto Rico Tourism Company every year during the term of this Regulation. b. CERTIFIED LOCAL SUPPLIER (CLS) - shall mean local suppliers certified by the Puerto Rico Trade and Export Company, registered at the Merchants Registry of the Commonwealth of Puerto Rico Department of the Treasury and will be listed by the Puerto Rico Tourism Company every year during the term of this Regulation as eligible providers for purposes of the Provisioning Incentive. C. COMPANY - refers to the Puerto Rico Tourism Company, a public corporation organized and existing under of the Commonwealth of Puerto Rico's Act No. 10, enacted on June 18, 1970, as amended. d. CRUISE OWNER - shall mean a cruise line or a legally organized corporation that owns and operates one or more Cruise Ships or cruise lines that use any port in the jurisdiction of Puerto Rico as one of its destinations, including, such cruise lines' affiliates, subsidiaries and their operating brands that operate one or more Cruise Ships and that together may be considered a single cruise owner. e. CRUISE OR PASSENGER SHIPS- means ships engaged in the transportation of passengers, with cabins (carrying twelve or more passengers), or conducting cruises or tour services and not carrying cargo. f. DESTINATION INCENTIVE- refer to such sums to be paid under the terms of this Regulation by the Puerto Rico Tourism Company to the Cruise Owner for every passenger paying the full amount of the passenger fee or head tax assessed in the prevailing Port Tariff or its equivalent; provided however, that any reduction in such Port Tariff will reduced in equal proportion the incentive herein, as established by Act No. 76 of August 25, 2005 as amended. g. EXTENDED TERM - refers to the time period from July 1ˢᵗ, 2011 to June 30, 2014 as it may be applicable pursuant to this regulation. h. GOODS MANUFACTURED IN PUERTO RICO - shall refer to such products developed, manufactured or finished in Puerto Rico according to those definitions and certifications provided by the Puerto Rico Industrial Development Company and the Puerto Rico Department of Agriculture. i. HOMEPORT FREQUENCY INCENTIVE - shall mean such sum to be determined and paid per passenger by the Puerto Rico Tourism Company to the CRUISE OWNER that uses any port in the jurisdiction of Puerto Rico as a home port in its schedules. j. IN-TRANSIT TIME IN PORT INCENTIVE - shall mean such sum to be determined and paid per passenger by the Puerto Rico Tourism Company to the CRUISE OWNER in transit that docks and remains in any port in the jurisdiction of Puerto Rico for a certain amount of time. k. LOCAL SUPPLIERS - Shall mean: (i) All natural persons who are residents of the Commonwealth of Puerto Rico; (ii) All juridical persons, including without limitation all corporations, partnerships or companies, organized pursuant to the laws of the Commonwealth of Puerto Rico and dedicated to all or a combination of any of the following lines of business: storage, classification, sale and transportation of provisions to cruise ships in Puerto Rico. (iii) All juridical persons that are not organized pursuant to the laws of the Commonwealth of Puerto Rico, but that are authorized to do business in Puerto Rico and which generate direct employment in lines of business related to the storage, classification, sale and transportation of provisions to cruise ships in Puerto Rico, and that have a real and palpable positive impact in the Puerto Rico economy, provided that these juridical persons shall not be included within the term of local supplier in the event they are dedicated only to one of said lines of business and/or are considered solely as a transshipment company. I. PASSENGER - shall mean any natural person who travels aboard and/or embarks to or debarks from a cruise ship in any port in the jurisdiction of Puerto Rico. This definition shall not apply to cruise ships personnel or crew that may from time to time use the port facilities in those ports except that Cruise Owner's employees or personnel who are traveling aboard the vessel, but not directly employed in the operation of the vessel shall be considered passengers. m. PASSENGER FEE or HEAD TAX - refers to such fee assessed from time to time by the corresponding port authority or commission through its Port Tariff or its equivalent to every passenger that embarks from or debarks in the port facilities of the ports in the jurisdiction of Puerto Rico. n. PASSENGER VOLUME INCENTIVE - refers to such sums to be paid under the terms of this Regulation by the Puerto Rico Tourism Company for the accumulated volume of passengers in certain period of time that pay the existing port tariff or its equivalent established from time to time by the corresponding port authority or commission. For purposes of this volume incentive under this Regulation, all cruise ships owned and operated now and in the future by a CRUISE OWNER, as previously defined, shall be deemed as one CRUISE OWNER. O. PORT OF SAN JUAN - shall mean the harbor and public marine facilities for tourists and passengers owned and operated by the Puerto Rico Ports Authority in San Juan, Puerto Rico. p. PORT TARIFF OR ITS EQUIVALENT - shall mean the rates, fees and charges for the use of public marine facilities and port services in the ports in the jurisdiction of Puerto Rico assessed from time to time by the corresponding port authority or commission. q. PROVISIONING INCENTIVE - shall mean such discounts to be granted to the CRUISE OWNER with cruise ships docking at any port in the jurisdiction of Puerto Rico for local purchases of food and beverages from Certified Local Suppliers. Additional discounts shall be considered for such goods manufactured in Puerto Rico as set forth herein below. r. PUERTO RICO PORTS AUTHORITY - refers to a public corporation organized and existing under the Puerto Rico Ports Authority Act, Act No. 125 of May 7, 1942, as amended, that owns and operates the Port of San Juan. The Puerto Rico Ports Authority is the port authority corresponding to the Port of San Juan. S. REGULAR TERM - refers to the time period from July 1ˢᵗ, 2005 to June 30th, 2011. t. SPECIAL FUNDS FOR THE CRUISE SHIP LINES INCENTIVES IN PUERTO RICO ACT - Act. No. 76 of August 25, 2005 and its amendments. u. PORTS IN THE JURISDICTION OF PUERTO RICO - refers to either the Port of San Juan, the Port of Mayagüez or the Port of The Americas or any other maritime facility in the jurisdiction of the Commonwealth of Puerto Rico designated by the Company. V. PORT OF MAYAGÜEZ - shall mean the harbor and public marine facilities for tourists and passengers owned and operated by the Mayagüez Port Commission in Mayagüez, Puerto Rico. W. PORT OF THE AMERICAS - shall mean the harbor and public marine facilities for tourists and passengers owned and operated by the Port of The Americas Authority in Ponce, Puerto Rico. X. MAYAGÜEZ PORT COMMISSION - refers to a corporate public entity in the Municipality of Mayagüez organized and existing under the Mayagüez Port Commission Act, Act No. 10 of May 18, 1959, as amended, that owns, operates or may designate an authorized administrator for the Port of Mayagüez and is the port authority corresponding to the Port of Mayagüez. y. PORT OF THE AMERICAS AUTHORITY - refers to a public corporation organized and existing under the Port of The Americas Authority Act, Act No. 171 of August 11, 2002, as amended, that owns, operates or may designate an authorized administrator for the Port of The Americas and is the port authority corresponding to the Port of The Americas located in Ponce, Puerto Rico."