EXTENSION OF FREE-TIME PERIOD; CONDITIONS

66 13. RULES FOR SERVICES OR MISCELLANEOUS USES 67 14. LAND RENTALS AND LEASES 71 15. RATES AND FEES 73 16. COMPLETE TARIFF TABLE 80 CERTIFICATION AND APPROVAL 86 Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 1 INTRODUCTION The Port of Mayagüez is located on the west coast of the island of Puerto Rico, positioned in the Caribbean Sea between Hispaniola Island (Haiti/Dominican Republic) and the U.S. Virgin Islands. The Port of Mayagüez is Puerto Rico's third largest port, has a natural harbor of 3.8 miles with depths ranging from 24' to 30', and is under the jurisdiction of the Mayagüez Port Commission. Capitalized terms used but not otherwise defined herein will have the same meaning ascribed to them in Section 1.0 entitled "DEFINITIONS." The Mayagüez Port Commission is a public corporation created and governed by Act Number 10 of May 18, 1959 ("Act. No 10"). It formally commenced operations pursuant to Boletín Informativo No. OE-2003-77 issued by the Governor of Puerto Rico as of December 18, 2003. In accordance thereof and pursuant to a certain Transfer Agreement AP 04-05(4)-033, the Puerto Rico Ports Authority transferred title of the Port of Mayagüez property and facilities, including the land encompassing such facilities, the terminal building, and other real and personal assets to the Mayagüez Port Commission. The latter now has legal ownership of the Port of Mayagüez and establishes the public policy, general norms, and regulations for the development and use of the Port of Mayagüez, including the tariff rates and charges to be paid by users of such facilities. Among its various duties, the Mayagüez Port Commission is empowered by Act No. 10 to implement business strategies to foster the development of the Port of Mayagüez. During 2007, a master plan for the design and development of the Port's infrastructure was adopted by the Mayagüez Port Commission through the execution of a certain Lease and Development Agreement with Holland Group Port Investment (Mayagüez), Inc., as administrator and developer of the port facilities (the "Port Administrator"), on May 17, 2007. The purpose of this master plan is to provide for the substantial (i) development of the port facilities and (ii) the increase of Maritime Operations conducted therein. The Mayagüez Port Commission retains sole authority over the determination of applicable tariff rules, rates, and fees, and the Port Administrator manages and operates the facilities of the Port of Mayagüez (including, without limitation, the collection of all tariff rates and fees) Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 2 and is responsible for its development in accordance with the Master Plan approved by the Mayagüez Port Commission. Tariff History. Upon the Mayagüez Port Commission officially commencing its administration and operation of the facilities of the Port of Mayagüez on August 23, 2004, it adopted most of the Puerto Rico Port Authority's Tariff M-1-6 regulations, rules, norms, and tariffs, to ensure the continuity of the operations at the Port of Mayagüez until its subsequent approval of Handbook and Tariff No. 01 on January 24, 2008. Subsequently on December 27, 2010, the Mayagüez Port Commission approved certain amendments to such regulations, norms, and tariffs, all of which are contained in the Handbook and Tariff No. 01a, which is currently in effect. The Handbook and Tariff No. 01a is applicable through December 31, 2011, to any Vessel, Vessel Owner, or Vessel Agent conducting any type of activity at the Port of Mayagüez. This Handbook and Tariff No. 02 (2012-2016) is being made effective from January 1, 2012 through December 31, 2016, unless otherwise extended, in accordance with the provisions of Section 15 hereof. New tariff rates and fees as a result of additional services, new type of commercial activities or market changes, or utilities cost increases will require due approval by the Mayagüez Port Commission. No tariff rates and fees may be collected or enforced by any party other than those specifically contemplated herein. This Handbook and Tariff No. 2 will be amended by the Mayagüez Port Commission, without prior notice or public hearings, to the extent any provision may be determined to be inconsistent with (i) U.S. or Puerto Rico law or (ii) the regulations of any U.S. or Puerto Rico government agency or instrumentality with jurisdiction which supersedes that of the Mayagüez Port Commission including without limitation, the rules of the U.S. Federal Maritime Commission, as currently in effect at any time. 1. DEFINITIONS For purposes of this Handbook and Tariff, the following terms will have the meanings provided below. The use of the term in singular will include the plural and vice versa. Words or phrases defined in this Section are identified throughout this Handbook and Tariff by using capital letters at the beginning of such words or phrases. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 3 1.1 Adjacent Islands: All the islands surrounding Puerto Rico and subject to the jurisdiction of the government of the Commonwealth of Puerto Rico, such as Vieques and Culebra. 1.2 Ballast: A heavy substance used to improve the stability and control of the draft of a ship. 1.3 Barge: A roomy, usually flat-bottomed boat used primarily for the transport of goods on inland waterways that is usually propelled by towing. 1.4 Bill of Lading: Refers to the document used as a contract of carriage between the shipper and the carrier as well as a receipt for any item of movable property tendered to the carrier, and which, in some cases, may indicate the certificate of title for such goods. 1.5 Calendar Day: A twenty-four (24) hour period commencing on 12:00:00am and ending on 11:59:59pm of any given day. 1.6 Cargo: Refers to goods, merchandise, or any other type of movable property that is loaded and unloaded, transported, or conveyed in a Vessel, regardless of its nature (i.e., solid, liquid, gas, or any other physical state) and how it is packed or managed for transportation. Any Cargo is subject to measurement conversion as established in this Handbook and Tariff, when applicable, for the determination of applicable tariffs. 1.7 Cargo Tools: Refers to any type of equipment, instrument, appliance, or any other sort of tool used to load or unload Cargo to or from a Vessel, such as stevedores, pallets, forklifters (pallet jacks), hand trucks, wagons, carts, machinery and furniture movers, drum handlings, mules, yard tractors, conveyor belts, Dunnage, and ship lining, among others, used for the purpose of loading or unloading a Vessel when berthed at the Wharf or Pier. 1.8 Cargo Vessels: Any Vessel designed for the exclusive purpose of carrying Cargo from one port to another or whose permit or license is limited to this type of activity. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 4 1.9 Commission for Pilotage - An independent organization created by Act Number 226 of August 12, 1999 (23 LPRA $361 et seq.), to provide pilotage services through Harbor Pilots, to Vessels meeting certain size specifications and which are engaged in business or other activities at any Puerto Rico seaport. Such pilotage services are contracted through a Vessel Agent, and the fees therefore are based on such commission's tariff schedule. 1.10 Container: A reusable object used for carrying and transporting Cargo. The measurement of a Container is computed by multiplying the height, width, and length of such object. 1.11 Cruise Vessel: A Vessel engaged in transporting or carrying exclusively Passengers in pleasure voyages or tours. The term "Cruise Vessel" does not include Pleasure Crafts, Pleasure Charters, Local Ferryboat Vessels, and International Ferryboat Vessels. 1.12 Cruise Vessel's Maiden Voyage: A Cruise Vessel's first time of call to the Port of Mayagüez, notwithstanding such Cruise Vessel may have changed its name or ownership. 1.13 CWT: Abbreviation for hundredweight. When used with respect to computation of Wharfage or Demurrage, each CWT will be equivalent to the following: (1) by weight, one CWT for each 100 pounds; (2) by volume, one CWT for each two (2) cubic feet; or (3) in case of lumber, each 24 board feet will be equivalent to a CWT of two (2) cubic feet. 1.14 Davit: Refers to the concrete and/or steel structure of two goose neck form columns which hold the Harbor Pilot Boat at the Wharf. 1.15 Demurrage: The charge assessed against Cargo which remains in the Transit Area of a Wharf, Pier, or bulkhead structure after the expiration of the Free-Time. 1.16 Dock: Any facility structure of the Port of Mayagüez used for the mooring of Vessels or for the loading or unloading of Passengers or Cargo. 1.17 Dockage: Refers to the charges assessed against a Vessel for berthing at the facility or for mooring to a Vessel so berthed. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 5 1.18 Docking Permit Application: Form used by a Vessel Owner, Vessel Agent, or Vessel Captain to request authorization to access and use the facilities of the Port of Mayagüez during a given time period, according to the Rules and Regulations prevailing at the Port of Mayagüez at any given point in time. The Docking Permit Application is granted by the Port Administrator's signature on the Docking Permit Application. 1.19 Dunnage: Any material or objects utilized to protect Cargo. Examples of "Dunnage" are blocks, boards, burlap, and paper. 1.20 Empty Container: Refers to an empty and unsealed Container available for inspection. Sealed Containers must be unsealed at the time of unloading from a Vessel or promptly upon the request of the Port Administrator. 1.21 Emergency Situation on a Vessel: A sudden, generally unexpected occurrence or set of circumstances demanding immediate action, thus requiring a Vessel to call a port for a non-scheduled stop due to an immediate risk to health, life, property or the environment. 1.22 Ferryboat Vessels: Vessels designed and used for transporting both Passengers and Cargo across a body of water, (a) carrying a minimum of twelve (12) Passengers with their respective personal belongings and motorized vehicles as well as (b) Cargo, and which maintains a regular sailing schedule of not less than twelve (12) voyages per year. 1.23 Free-Time: The period of time indicated in Section 12.3 hereof, during which Cargo or materials may occupy space assigned to it free of storage charges, Demurrage, or penalties, prior to the loading or subsequent to the discharge of such Cargo on or off the Vessel. 1.24 Force Majeure: Means (a) Acts of God; (b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies; (c) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war; (d) munitions of war, explosive materials, ionizing radiation or contamination by radioactivity, except as may be attributed to the use of such munition explosives, radiation or radioactivity, and (e) natural catastrophes such as water spouts or tornadoes, hurricanes, tropical storms, earthquakes, or floods, among others. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 6 1.25 Gross Tonnage: With respect to a Vessel, (0.2+0.02 log₁₀V), where V is the volume in cubic meters of all enclosed spaces on the Vessel. Since 1994, it replaces "Gross Registered Tonnage." An approximate conversion ratio is 1NT = 1.7GT and 1GT = 1.5DWT. The "Gross Tonnage" is ordinarily provided in the Vessel license certificate. 1.26 Harbor Dues: The charges assessed to a Vessel for entering the Port of Mayagüez (whether or not it docks, anchors, or loads or unloads Cargo), which are payable to the Puerto Rico Ports Authority pursuant to the Puerto Rico Dock and Harbor Act of 1968, as amended. 1.27 Harbor Pilot: A master mariner licensed to guide Vessels between the Port of Mayagüez and the open sea, between two points within the territorial limits of the Port of Mayagüez, or between the open sea and the Port of Mayagüez. Harbor Pilots are regulated by the Puerto Rico Commission for Pilotage. They provide pilotage services to Vessels meeting certain size specifications, which are engaged in business or other activities at any Puerto Rico seaport. 1.28 Harbor Pilot Boat: A Harbor Pilot Boat is a Vessel used to transport Harbor Pilots between land and the Vessels they are piloting. 1.29 Holiday: Off-duty calendar day, as certified by the Puerto Rico Department of Labor and Human Resources, and applicable to employers in certain commercial and retail service fields. The occurrence of a Holiday will not disrupt the operations of the Port of Mayagüez and will only be considered as a time extension to Free-Time or any compliance deadline provided herein to the extent so indicated. 1.30 International Ferryboat Vessels: Refers to any Ferryboat Vessel traveling between the Port of Mayagüez and any seaport outside the jurisdiction of the Commonwealth of Puerto Rico or the U.S., but specifically including any seaport from any U.S. territory which is not a state thereof. 1.31 Landing Place: Any place where it is possible for a Vessel to embark or disembark persons, or load or unload Cargo, directly to or from land and not involving an intermediate Vessel. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 7 1.32 Lighter: An open or covered barge towed by a tugboat and used mainly in harbors and inland waterways to carry Cargo to, from, or alongside a Vessel. 1.33 Local Ferryboat Vessels: Refers to any Ferryboat Vessel traveling solely between the Port of Mayagüez and any seaport solely within the jurisdiction of the Commonwealth of Puerto Rico or the U.S., but specifically excluding any seaport from any U.S. territory which is not a state thereof. 1.34 Marine Terminal: An assigned area for the accommodation of Passengers, or in which Containers are prepared for loading into or unloading from a Vessel or truck or stacked immediately after discharge from the Vessel or truck. 1.35 Maritime Operation: Refers to any commercial or other activity conducted at the Port of Mayagüez, including without limitation, the transport of Passengers or Cargo, the maintenance and rendering of services to a Vessel, or the use or exploitation of the facilities of the Port of Mayagüez or any services rendered therein. 1.36 NOS Tariff: A tariff for a Maritime Operation which is not otherwise specified in this Handbook and Tariff. 1.37 Off-Shore Points: Points not located in the Commonwealth of Puerto Rico or in the U.S. Virgin Islands. 1.38 Operating Day: Refers to a Calendar Day on which the Port of Mayagüez is regularly open for business. 1.39 Operating Hours: Period of time during which the Port of Mayagüez is open for business as determined by the Port Administrator, or as otherwise may be coordinated between any user of the facilities of the Port of Mayagüez and the Port Administrator, in order to enable the fulfillment of all Maritime Operations while a Vessel is anchored or moored to a Dock, to complete the embarking or disembarking of Passengers, or the loading or unloading of Cargo. Other business activities conducted at the Port of Mayagüez, including without limitation, parking services and other amenities, will operate during the Calendar Days and hours individually agreed between the operator of such business activities and the Port Administrator. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 8 1.40 Passengers: Refers to any person who is embarking or disembarking any Vessel which is departing or arriving from or to the Port of Mayagüez, excluding any crew member of any such Vessel. 1.41 PBC: Acronym for Passenger Baggage Cargo, and refers to a Passenger's personal belongings, baggage, and related items when a passenger is traveling in the same Vessel. 1.42 Pier: The structure perpendicular to the shoreline to which a Vessel is secured for the purpose of loading and unloading Cargo. 1.43 Pilotage Service Fees: Refers to the charge assessed by a Harbor Pilot for the piloting services rendered to a Vessel. 1.44 Pleasure Craft: Refers to a boat, yacht, or any other type of watercraft used for personal purposes, and for non-revenue activities such as pleasure, recreation, or sporting purposes. 1.45 Pleasure Charter: Refers to a boat, yacht, or any other type of watercraft which may be hired by a person to be used for the pleasure, recreation, or sporting activities of such person or groups of twenty-five (25) people or less, and whose scheduling and destination are determined by such person. 1.46 Port Administrator: Holland Group Port Investment (Mayagüez), Inc., designated in such capacity in accordance with the terms and conditions of that certain Lease and Development Agreement with Holland Group Port Investment (Mayagüez), Inc. dated May 17, 2007, or any other entity designated by the Mayagüez Port Commission to act in such capacity. 1.47 Ports Authority: The Puerto Rico Ports Authority. 1.48 Port Regulatory Agency (ies) - Refers to any and all U.S. Federal, Commonwealth of Puerto Rico, and municipal government agencies or instrumentalities with jurisdiction over the enforcement and implementation of the laws and regulations applicable to the facilities of the Port of Mayagüez and the Maritime Operations conducted therein, as well as public safety, security, customs, Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 9 traffic, levies of any sort, and any other legal or regulatory matter pertaining to the Port of Mayagüez. 1.49 Quay: A structure attached to land to which a Vessel may be moored, which may also protect the port facilities from the sea and its waves, and sets the limits to the waterfront. 1.50 Scow: Large flat-bottom boat with broad square ends, used primarily for transporting bulk material. 1.51 Small Cargo Vessel: Refers to such Vessels engaged in trading merchandise, usually as loose Cargo (packed in boxes of different sizes, measures, and weights and stacked in containers, or contained in barrels, among others) due to the size and capacity of transporting Cargo. 1.52 Specialized Equipment: Cranes, air lift systems, hydraulic jacks, heavy duty pullers, hydraulic axle trailers, and such other equipment used for loading and unloading Cargo. 1.53 Transit Area: The area covered or uncovered, bordering and adjacent to a Wharf, Pier, or bulkhead structure within which a Cargo is assembled for loading onto a Vessel, and which may also be used for unloading Cargo from a Vessel and storage until dispatched or loading onto another Vessel, if it is Transshipment Cargo. 1.54 Transshipment Cargo: Cargo to be transferred from one destination to another using the facilities of the Port of Mayagüez as an intermediate destination. Any transshipment movement with respect to Transshipment Cargo must be completed within fifteen (15) Operating Days. To the extent any such transshipment movement is not completed within fifteen (15) Operating Days, Transshipment Cargo will be deemed to be regular Cargo, subject to all the provisions applicable thereto under this Handbook and Tariff. 1.55 Tugboat: Also known as "towboats." Powerful boat used for towing or pushing a Vessel or any nonpropelled watercraft. 1.56 Vessel - Any craft designed to navigate on the water used for the transportation of Passengers and/or Cargo, used either for commercial purposes or for pleasure. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 10 1.57 Vessel Agent: Person or entity authorized to represent or act on behalf of a Vessel Owner or Vessel Captain before, during, and after the conclusion of a Maritime Operation effected at the Port of Mayagüez and who will be responsible for complying with the terms and conditions of this Handbook and Tariff as if he/she were the Vessel Owner or Vessel Captain. Whenever a Vessel carries Cargo which is consigned to two or more Vessel Agents, the role of primary Vessel Agent will be assigned to the one who is representing the Vessel Owner or Vessel Captain, regardless if the whole Cargo (or part thereof) is consigned to another Vessel Agent. The primary Vessel Agent will be solely and absolutely responsible for all tariffs, fees, and other charges resulting from all Maritime Operations conducted by the Vessel. The term "Vessel Agent" will also include any person or entity that has leased, chartered, or is otherwise authorized to use a Vessel, and such person or entity is not otherwise considered a Vessel Owner as provided below. 1.58 Vessel Captain: The officer in command of a Vessel and who is responsible for its operation, including Passenger and Cargo operations, navigation, crew management, and ensuring that a Vessel complies with all laws and regulations, as well as Vessel Owner or Vessel Agent, as applicable, and flag-state policies. 1.59 Vessel Manifest: The statement submitted by the Vessel Owner, Vessel Agent, or Vessel Captain to the Port Regulatory Agencies, detailing the inbound and outbound Passengers and Cargo to be loaded or unloaded. The Vessel Manifest statement is supported by, but not limited to, (1) Bill (s) of Lading describing Cargo and weight, (2) a list of Passengers including identification facts such as name, date of birth, nationality, and sex, among others, (3) a list of motorized vehicles detailing model, brand, motorized vehicle identification number, and weight, among other information, and (4) any other documentation which provides a clear description of the type of Cargo and weight. 1.60 Vessel Operation Report: Form used by a Vessel Owner, Vessel Agent, or Vessel Captain to inform a Vesssel's completed Maritime Operation at the Port of Mayagüez, including actual arrival and departure time, and type of Maritime Operation (s) effected, among other information. The Vessel Operation Report must be accompanied and supported by (i) the Vessel Manifest and Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 11 hazardous cargo Vessel Manifest (if applicable) ; (ii) Bill (s) of Ladings; (iii) waybills, (iv) freight bills showing names or consignees or consignors and the weight and volume of all freight or other such information data or documents, and (v) any other documentation and information which may be reasonably requested by the Port Administrator, in order enable the proper assessment of tariffs and charges as well as to compile statistical records for the Port of Mayagüez. 1.61 Vessel Owner: Refers to the person or entity who holds legal property title to a Vessel. The term "Vessel Owner" will also include any person or entity which charters a Vessel from someone who holds legal property title to such Vessel, and such person or entity has complete control, management, and operation of the Vessel, appoints the corresponding Vessel Captain and crew, and pays all operating costs, for the period of time during which the Vessel is so chartered. 1.62 Wharf or Wharves: A structure built along or at an angle from the shore of navigable waters so that Vessels may lie alongside, and includes Piers, Docks, and bulkheads. 1.63 Wharfage: Refers to the charge assessed on inbound and outbound Cargo and Passengers travelling on any Vessel, for the use of a Wharf in the loading or unloading of such Vessel, including Barges, Lighter, Ferryboat Vessels, or other watercraft, or unloaded and reloaded to another Vessel, while both Vessels are berthed or moored on the Wharf. For purposes of clarity, all Cargo once received at the Transit Area or Wharf will be assessed Wharfage charges. Wharfage will also be collected for the movement of Cargo on, over, under, or through any Wharf, whether or not it is loaded aboard a Vessel, including Barges, Lighter, Ferryboat Vessels, or other watercraft. 1.64 Working Hours: Refers to the hours of operation of the administrative personnel of the Port Administrator at the Port of Mayagüez. Such hours of operation will be from Monday through Friday, except Holidays, from 7:00am to 4:00pm. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 12 2. OPERATING HOURS 2.1 Regular Operating Hours and Operating Days. 2.1.1 The regular Operating Hours and Operating Days will be from 7:00am to 4:00pm from Monday through Friday, except Holidays. The Port Administrator may vary the Operating Hours from time to time, to accommodate any specific business activity at the Port of Mayagüez. 2.1.2 The administrative office and employees of the Port Administrator will be in operation every Operating Day during Working Hours. 2.2 Extended Operating Hours and Holidays. 2.2.1 The Port of Mayagüez has flexible time shifts to attend to all Vessel, Cargo, and Passenger needs and is available for Maritime Operation twenty-four (24) hours a day and any day of the week (including Holidays), subject to prior coordination and scheduling. Extended Operating Hours will be scheduled upon written request to, and approval of, the Port Administrator. Such request must be filed with the Port Administrator by 12:00pm of the Calendar Day for which extended Operating Hours are requested. 2.2.2 The Port of Mayagüez will also be available to open for business on Holidays, subject to written request to, and approval of, the Port Administrator. Such request must be filed with the Port Administrator by 12:00pm of the prior Operating Day. For illustrative purposes only, each of the following days will be considered a Holiday, subject to any determination by the Puerto Rico Department of Labor and Human Resources to the contrary. New Year Three King's Day Good Friday Thanksgiving Day Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 13 Christmas Day 3. CONVERSION FACTORS For purposes of this Handbook and Tariff, the following conversion factors will be used in effecting any computation required hereunder: 1 pound = 0.45 X 1 kilogram; 1,000 kilograms = 2,204.6 pounds = 1 metric ton; 1 metric ton X 0.91 = 1 short ton = 2,000 pounds; 1 metric ton X 1.02 = 1 long ton; 1 cubic meter X 35.315 = 1 cubic feet; 1 cubic meter X 1.13 = 40 cubic feet; 1 inch X 0.3937008 = 1 centimeter; 1 inch X 39.37008 = 1 meter; 1 feet X 3.28084 = 1 meter; 1 cubic meter = 423.78 feet board measure (FMB) i 1 liter = 0.264 gallons = 0.0063 barrels; 1 CWT = 100 pounds = 2 cubic feet = 24 board feet measurement of lumber; 1 gallon fuel oil (Bunker "C") = 8.33 pounds; 6.40 barrels per ton of 2,240 pounds, 350 pounds per barrel of 42 gals; 1 gallon lubricating oil = 7.69 pounds; 6.94 barrels per ton of 2,240 pounds; 322.8 pounds per barrel of 42 gals; 1 gallon diesel oil (Navy) = 6.96 pounds; 7.67 barrels per ton of 2,240 pounds; 292.2 pounds per barrel of 42 gals; 1 gallon diesel oil (Commercial) = 7.25 pounds; 7.36 barrels per ton of 2,240 pounds; 304.5 pounds per barrel of 42 gals; Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 14 1 gallon gasoline (Commercial) = 6.15 pounds; 8.66 barrels per ton of 2,240 pounds; 258.3 pounds per barrel of 42 gals; 1 gallon kerosene (Commercial) = 6.75 pounds; 7.91 barrels per ton of 2,240 pounds; 283 pounds per barrel of 42 gal; and 1 open waste container = 4.6 short ton = 30 yards = 90 drum bags of 55 gallons each. 4. GENERAL RULES AND REGULATIONS APPLICABLE 4.1 The Rules and Regulations provided hereunder are applicable to all users of the Docks, Landing Places, Marine Terminals, Quays, Transit Areas, Wharves, or any other facility of the Port of Mayagüez used for loading and unloading any Cargo and embarking and disembarking inbound and outbound Passengers. The Port Administrator will provide a copy of this Handbook and Tariff to all first-time users of the facilities of the Port of Mayagüez and will ensure that copies of this Handbook and Tariff are readily available to the public, upon request. Notwithstanding, the users of the facilities of the Port of Mayagüez will be solely responsible for complying with the rules and regulations, as well as the terms and conditions, of this Handbook and Tariff. 4.2 The facilities at the Port of Mayagüez are not administered by the Ports Authority. Notwithstanding, the Ports Authority is the governmental agency which authorizes the entrance to the harbor of the Port of Mayagüez. Accordingly, all Vessel Owners and Vessel Agents, if applicable, are required to obtain authorization prior to entrance to the harbor and before approaching its Marine Terminal (s) and will be responsible to the Port Authority under its own tariff schedule, for the payment of any fees or charges (i.e., any harbor dues). To the extent that pilotage services from Harbor Pilots are required, such pilotage services may be arranged through a Vessel Agent, at the Vessel's cost. Pilotage Service Fees will be payable directly to the Harbor Pilots by the Vessel Owner, Vessel Agent, or Vessel Captain. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 15 4.3 U.S. Federal, Commonwealth and Municipal Regulations. 4.3.1 The Port of Mayagüez is also subject to the regulations issued under the U.S. Homeland Security Act, as amended (or any successor law thereto) as well as certain regulations issued by the U.S. Coast Guard, the U.S. Customs and Border Patrol, and the U.S. Department of Agriculture, as well as other U.S. Federal and Commonwealth of Puerto Rico government agencies. 4.3.2 The Port Administrator as well as all users of the Port of Mayagüez will comply with, and will cause its officers, employees, and any other persons over whom it has control, to comply with all U.S. Federal and Commonwealth of Puerto Rico laws and regulations (including the ordinances of the Municipality of Mayagüez) applicable to the management and use of the facilities of the Port of Mayagüez, but not limited to, those adopted by the U.S. Occupation Safety and Health Administration, U.S. Customs and Border Patrol, U.S. Coast Guard, U.S. Environmental Protection Agency, Puerto Rico Department of Natural Resources, Puerto Rico Department of Transportation, and Ports Authority. Moreover, the Port Administrator as well as all users of the Port of Mayagüez and their respective officers, employees, and any other persons whom they control, will provide their full cooperation to all duly appointed officers, employees, and other agents of any government agency or instrumentality having jurisdiction over the Port of Mayagüez and its operations. 4.3.3 The Port Administrator will provide the Mayagüez Port Commission adequate office space within the facilities of the Port of Mayagüez, at no cost. The Port Administrator will also provide space to any Port Regulatory Agency which may request it in compliance with the laws and regulations applicable to the facilities of the Port of Mayagüez and the Maritime Operations conducted therein, as well as public safety, security, customs, traffic, levies of any sort, and any other legal or regulatory matter Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 16 pertaining to the Port of Mayagüez, at a cost equivalent to the lowest annual rate accepted by any such Port Regulatory Agency (i.e., the rate could be as low of one dollar [US$1] per year). 4.3.4 Additionally, the Port Administrator will provide space at the Wharf to accomodate the Davit and the Harbor Pilot Boat, free of charge. Moreover, the Harbor Pilot is exempted from the following: (i) the payment of any tariff rates and charges on any Maritime Operation effected at the Port of Mayagüez; (ii) the requirement to submit Docking Permit Applications and Vessel Operation Reports; and (iii) the payment of Dockage fees while entering the harbor of the Port of Mayagüez, while transiting within the Port of Mayagüez limits, and while docked at the Wharf or Davit. 4.3.5 Additional office space, whenever available, for the purpose of any Port Regulatory Agency establishing an office location within the facilities of the Port of Mayagüez, to conduct any other activities besides those previously contemplated herein, will be subject to the terms and conditions of this Handbook and Tariff and as may be agreed to between the Port Regulatory Agency desiring such additional office space and the Port Administrator and the concerning Port Regulatory Agencies. 4.4 Consent to Terms and Conditions of this Handbook and Tariff. Any user of the facilities of the Port of Mayagüez will be deemed to consent to all the rules and terms and conditions of this Handbook and Tariff, and accordingly will be obligated to pay any tariff rate or fee as well as any other charge, fine, or penalty set forth herein. 4.5 Requirements of Insurance and Credit Guarantees 4.5.1 The tariff rates and charges provided in this Handbook and Tariff provide insurance covering any Vessel Owner's or Vessel Agent's interests or those of any user of the facilities of the Port of Mayagüez. Accordingly, the Port Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 17 Administrator may deny use of the facilities of the Port of Mayagüez to any person without a reasonably adequate insurance coverage. 4.5.2 All Vessel Owners or the corresponding Vessel Agents, stevedoring firms, and/or the subcontractors of any Vessel Agent will be responsible for furnishing certificates of insurance to the Port Administrator, duly evidencing bodily injury and property damage coverage in amounts not less than $5,000,000 combined single limit, and for contract terminal operators, not less than $10,000,000, and naming the Mayagüez Port Commission and the Port Administrator as "additional insured" of any such policy. The Vessel Agents, stevedoring firms, and/or the sub-contractors of any Vessel Agent must submit to the Port Administrator, on an annual basis, evidence of policy renewal in accordance with the before-mentioned requirements. The Port Administrator may, at its reasonable discretion, require higher policy limits in extraordinary cases. 4.5.3 Vessel Owners or Vessel Agents granted credit privileges must provide the Port Administrator with a letter of credit or a payment bond. The amount of such letter of credit or payment bond must be determined based on the frequency of Maritime Operations conducted at the Port of Mayagüez, number of calls, and average amount of invoices. 4.6 Liability for Loss and Limitation on Damages 4.6.1 Except as may be directly caused by its own negligent acts or omissions, the Port Administrator will not be responsible for loss of any Cargo being loaded or unloaded at the facilities of the Port of Mayagüez, nor for damage to or loss of Cargo by reason of Force Majeure; fire; leakage or discharge or water from fire protection sprinkling system; collapse of buildings, sheds, platforms, Wharves, floors, or foundations; or breakage of pipes. The Port Administrator will not be liable under any circumstance for any loss or damage caused by rats, mice, moths, or other animals or insects. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 18 4.6.2 The Port Administrator will not be liable for any delay, loss, or damage by reason of Force Majeure or arising from or attributable to strikes, tumults, insurrections, riots, or sabotage. 4.6.3 On all Cargo shipments transported through the Port of Mayagüez where shippers and/or consignees do not have a representative present at the Dock to verify the check count or measurement made by the Port Administrator's attendant, such check count or measurement will be deemed to be accurate and correct for purposes of this Handbook and Tariff. 4.6.4 Neither the Mayagüez Port Commission nor the Port Administrator will be liable for any property that is abandoned at the facilities at the Port of Mayagüez. 4.7 Damages to Facilities 4.7.1 It is prohibited for any person to destroy, damage, disturb, deface, or interfere with any buoy, float, life preserver, sign, notice, or any other real or personal property to which the Mayagüez Port Commission holds legal title or which is under the jurisdiction of the Port of Mayagüez. 4.7.2 If during the use of any facilities of the Port of Mayagüez, any such property of the Mayagüez Port Commission is destroyed, damaged, disturbed, or defaced, any responsible party will be liable for the replacement or repair costs and expenses including but not limited to labor, use or lease of equipment (including replacements thereto), materials, and parts as well as all contractor, design, technical, and environmentrelated costs (including, without limitation, all environment remediation costs). 4.7.3 The Vessel Owner, Vessel Agent, or any other person responsible for the destruction, damage, disturbance, or defacement of any real or personal property to which the Mayagüez Port Commission holds legal title or which is under Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 19 the jurisdiction of the Port of Mayagüez, will immediately report such incident to the Port Administrator, and within a period of twenty-four (24) hours, will submit a written report explaining the incident and the damages caused, including the following information, as well as any other pertinent facts and information: (1) the date and time that the incident occurred; (2) the name (s) and address (es) of person (s) involved in the incident as well as any witness (es) thereto; (3) a description of the incident, the property damaged, and the type of damage caused; (4) the identity of the Vessel Owner, Vessel Agent, and any other entity involved in, or responsible for (in any manner), the incident; (5) the name and contact information of any representative; and (6) the contact information of any of the before-mentioned parties. 4.7.4 Based on such information, the Port Administrator will determine the responsibility and the costs of remediation for such damages to the facilities of the Port of Mayagüez and will immediately proceed against the responsible party to recover such costs. The Port Administrator may, at its discretion, remedy any damages to any facility of the Port of Mayagüez and obtain reimbursement of the corresponding costs from the responsible party. 4.7.5 Any user of the facilities of the Port of Mayagüez will be deemed to consent to, and the Port Administrator may at its discretion, detain any Vessel, Cargo, Container, watercraft, motorized vehicle, or any other object which is responsible for any damage to the facilities of the Port of Mayagüez until the responsible party has provided sufficient guarantee, in the opinion of the Port Administrator, to ensure payment for any damage. During such detention, any Vessel, Cargo, Container, watercraft, motorized vehicle, or any other object so detained will continue accruing any applicable tariff provided herein, and the owner thereof will be responsible for the payment therefor. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 20 4.8 Port Hold Harmless; General Indemnification. 4.8.1 All users of the facilities of the Port of Mayagüez will hold harmless, indemnify, and defend the Port of Mayagüez, the Mayagüez Port Commission, and the Port Administrator from and against any and all causes of action, suits, claims, damages, and demands of whatsoever kind or nature including, but not limited to, claims for consequential damages, claims for personal injury, wrongful death, breach of contract, property damage or destruction, natural resource or environmental damages, losses of income and/or earnings, civil or criminal fines or penalties, liabilities, attorney's fees, expert witness fees, court costs, and all other expenses arising from, or incidental to, the users' operations on the facilities of the Port of Mayagüez. 4.8.2 No provision in this Handbook and Tariff will limit or otherwise relieve the Port Administrator from liability for its own negligence nor will any user of the facilities of the Port of Mayagüez be required to hold harmless, indemnify, and defend the Port Administrator against any and all causes of action, suits, claims, damages, and demands of whatsoever kind or nature including, but not limited to, claims for consequential damages, claims for personal injury, wrongful death, breach of contract, property damage or destruction, natural resource or environmental damages, losses of income and/or earnings, civil or criminal fines or penalties, liabilities, attorney's fees, expert witness fees, court costs, and all other expenses arising from or incidental to the Port Administrator's negligent acts. 4.8.3 ACCESS TO THE FACILITIES OF THE PORT OF MAYAGUEZ ARE PROVIDED BY THE MAYAGÜEZ PORT COMMISSION TO USERS ON AN "AS IS, WHERE IS" BASIS ONLY, SOLELY UNDER THE RESPONSIBILITY OF THE USERS THEREOF, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR BY LAW, OR FROM A CAUSE OF DEALING OR Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 21 USAGE OF TRADE. IN NO EVENT, REGARDLESS OF CAUSE, SHALL THE PORT OF MAYAGÜEZ OR THE MAYAGÜEZ PORT COMMISSION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER BASED ON THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4.9 Jurisdiction. 4.9.1 The Port Administrator and any user of the facilities of the Port of Mayagüez will be deemed to consent to the primary jurisdiction of the Mayagüez Port Commission for purposes of the adjudication of any claims regarding (i) the applicability and interpretation of this Handbook and Tariff No. 2 and (ii) the interpretation of any term or condition of any contract entered into by the Port Administrator and any user of the facilities of the Port of Mayagüez, which is covered or addressed by this Handbook and Tariff No. 2. Subject to compliance with Section 7.7 below, any such claims will be initially submitted to the Mayagüez Port Commission for its review and adjudication. 4.9.2 Jurisdiction for any action, whether in law or equity and whether founded in contract or in tort, brought by any user or the Port Administrator against the Port Administrator or the Mayagüez Port Commission for any claim (i) arising from, or incidental to, the use of the facilities of the Port of Mayagüez and not otherwise contemplated in Section 4.9.1 or (ii) arising from the adjudication of any claim by the Mayagüez Port Commission, will lie exclusively with the Courts of the Commonwealth of Puerto Rico. 5. RESTRICTIONS AND LIMITATIONS ON THE USE OF FACILITIES; EMERGENCIES 5.1 Space Usage and Allocation. 5.1.1 The Port Administrator will determine the usage and allocation of all spaces within the Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 22 Port of Mayagüez, to ensure maximum efficiency and flexibility as to the utilization of available space within the facilities of the Port of Mayagüez. The Port Administrator will determine the space allocation based on the number of Maritime Operations to be conducted at the same time, the type, length and availability of space. 5.1.2 All persons using the facilities of the Port of Mayagüez will coordinate such use with the Port Administration and comply with any determination by the Port Administrator as to allocation of space. 5.1.3 The Port Administrator may move any Cargo or other object located within the facilities of the Port of Mayagüez, in order to enforce its determination of allocation of space, and any such movement will be at the corresponding Vessel Owner's or Vessel Agent's risk and expense. 5.2 Making Fast or Remaining at Wharf without the Port Administrator's Consent. 5.2.1 It is prohibited for any person to make fast any Vessel, or to cause any Vessel to be made fast, to any Wharf or to cause any Vessel to remain fastened to any Wharf, or to be or remain moored immediately in front thereof, without the Port Administrator's consent. It is also prohibited for any Vessel to remain fastened to any Wharf, or to remain moored in front thereof, after the Port Administrator's consent therefor has been revoked, expired or withdrawn by the Port. 5.2.2 Any Vessel made fast to or moored in front of any Wharf, or remaining fastened to or moored in front of any Wharf, in violation of this item, will be subject to removal by or at the orders of the Port Administrator and at the risk and cost of such Vessel, its Vessel Agent or Vessel Owner. Each period of twenty-four (24) hours, or fraction thereof, during which any such violation exists will be considered a separate offense and will be subject to the penalties Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 23 provided in this Handbook and Tariff for each such offense as well as to the payment of the applicable Dockage tariff. 5.3 Vessels Extending Beyond a Pier or Occupying an Outside Berth Area. Every Vessel lying at any Wharf whose stern or bow extends beyond the edge or end of any Wharf, and every Vessel lying alongside another Vessel berthed at a Wharf (outside berth), while occupying such position, will be responsible for any and all damages to itself and to any other Vessel. 5.4 Inside Fencing. The Port Administrator must provide prior authorization for all fencing within transit sheds, warehouses, and terminals. All requests to install fencing will be submitted in writing to the Port Administrator with the following information: (1) purpose of the fencing; (2) location and extension of the fence; and (3) size and material to be used for the fence. Any fencing will comply with applicable U.S. Federal and Commonwealth of Puerto Rico regulations. Installation or modifications to any fencing will be at the user's cost. Upon installation, such fencing will become part of the facilities of the Port of Mayagüez and will be the sole property of the Mayagüez Port Commission. Notwithstanding, the Port Administrator reserves the right to require such fencing's removal by the corresponding user. 5.5 Signs. The Port Administrator must provide prior authorization for all signs to be fixed or placed within the facilities of the Port of Mayagüez. All requests to install signs will be submitted in writing to the Port Administrator with the following information: (1) purpose of the sign, (2) text and images to be included on the sign, and (3) the size and material for the sign. All signs will comply with applicable U.S. Federal and Commonwealth of Puerto Rico regulations. Installation or modifications to any signs will be at the user's cost. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 24 5.6 Smoking; Lighting Fires. It is prohibited for any person to smoke or to light a fire within the facilities of the Port of Mayagüez, unless approved by the Port Administrator, the Commonwealth of Puerto Rico Firemen's Department, and any Port Regulatory Agency with subject matter jurisdiction over the Port of Mayagüez. 5.7 Persons Not Allowed on Certain Premises. It is prohibited that any person under the influence of intoxicating liquors or any drugs, enter the facilities of the Port of Mayagüez. Moreover, it is prohibited to any person behave in a disorderly, offensive, or hostile manner. The Port Administrator may deny access to the facilities of the Port of Mayagüez to any person appearing to be under the influence of intoxicating liquors or any drugs. 5.8 Loitering in Port Facilities. It is prohibited for any person to loiter in the facilities of the Port of Mayagüez. Moreover, access to Pier and other restricted access facilities is limited to persons authorized by the Port Administrator. The Port Administrator will bear no responsibility or liability for any injury or damage to, or resulting from, any person loitering within the facilities of the Puerto of Mayagüez or entering Pier or restricted access facilities without authorization. 5.9 Prohibition of Fishing and Other Activities from or Any Berth, Wharf, or Other Area without Assignment or Other Permission. It is prohibited for any person to fish, swim, dive, or any similar activity from any area under the jurisdiction of the Mayagüez Port Commission unless prior authorization is obtained from the Port Administrator. The Port Administrator may deny access to the facilities of the Port of Mayagüez to persons engaged in such activities without authorization. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 25 5.10 Solicitation. It is prohibited for any person to solicit or carry on any sort of commercial activity within the facilities of the Port of Mayagüez unless prior authorization is obtained from the Port Administrator, in accordance with the requirements of this Handbook and Tariff as well as any other applicable law or regulation. The Port Administrator may deny access to the facilities of the Port of Mayagüez to persons engaged in any commercial activity without authorization. 5.11 Motorized vehicles. 5.11.1 It is prohibited for any person to park any motorized vehicle or equipment in any prohibited area or in loading zones, for any longer period than is necessary to load or discharge Cargo or Passengers, within the facilities of the Port of Mayagüez. 5.11.2 All motorized vehicles entering the facilities of the Port of Mayagüez which are not otherwise engaged in the transportation of Cargo, will park in the areas designated by the Port Administrator, in accordance with any applicable law or regulation. 5.11.3 It is prohibited for any motorized vehicle or equipment to be stationed on any Wharf, unless such motorized vehicle will have been first drained of all gasoline or other liquid petroleum products or at the places designated for such purpose. 5.11.4 The Port Administrator may remove any motorized vehicle or equipment which is in violation of this section, at the motorized vehicle or equipment owner's expense. 5.12 Speed Limit within the Port of Mayagüez. Any person operating or driving a motorized vehicle or other equipment on any Wharf, or within any transit shed, warehouse, Marine Terminal, or in any other area where Cargo is handled, will do so in a careful manner, with due regard to traffic, and at a Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 26 prudent speed, which is not to exceed ten (10) miles per hour. Notwithstanding the above, it is also prohibited for any person to operate or drive a motorized vehicle or other equipment in any manner so as to endanger the life, limb, or property. The Port Administrator may deny access to the facilities of the Port of Mayagüez to any person engaging or who has engaged in the past in reckless driving. 5.13 Emergencies. Anyone at the Port of Mayagüez property at any time that becomes aware of an emergency situation of any nature and which requires an immediate response, will notify the Port Administrator as soon as possible and is authorized to take any necessary action to minimize harm to any person and damage to any property. In case of fire on board a Vessel docked or berthed within the facilities of the Port of Mayagüez, such Vessel must sound five (5) prolonged blasts of its whistle or siren, each blast to be of duration of four (4) to six (6) seconds. Such signals should be repeated at five (5) minute intervals, until the fire is extinguished. 6. PORT SECURITY AND MAINTENANCE REGULATIONS 6.1 Security Enforcement. 6.1.1 The Port of Mayagüez is a port of entry of the United States of America and is consequently governed by the U.S. Homeland Security Act and subject to the jurisdiction of the U.S. Coast Guard and the U.S. Customs and Border Enforcement. Other agencies and instrumentalities of the U.S. Government also have jurisdiction over the operations of the Port of Mayagüez, including without limitation, the U.S. Department of Agriculture and the U.S. Environmental and Protection Agency, among others. In accordance with all applicable laws, the Port Administrator will approve and continuously maintain in effect a Facility Security Plan designed to ensure the security and safety of the facilities of the Port of Mayagüez. 6.1.2 Any person entering to the facilities of the Port of Mayagüez must abide by the terms Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 27 and guidelines of the agencies covered by the U.S. Homeland Security (i.e., the U.S. Coast Guard and U.S. Customs and Border Enforcement) and with the Maritime Security Transportation Act ("MARSAC"). The Port Administrator must implement programs for managing MARSEC levels for response, identification control for workers and passengers and inspection protocols to Cargo and motorized vehicles. 6.1.3 The Port Administrator's security personnel may inspect any motorized vehicle upon entrance or exit of the facilities of the Port of Mayagüez. Such security personnel will not be responsible, under any circumstance, for the custody of Cargo, Vessels, motorized vehicles, or any other personal property of the users of the facilities of the Port of Mayagüez. Accordingly, users of the facilities of the Port of Mayagüez will be held responsible for furnishing their own security to Cargo, Vessels, motorized vehicles, or other personal property, resulting in additional security and inspection protocols training for any security guards contracted by shipping companies, Vessel Agents, or stevedoring companies in compliance with the Port Administrator's Facility Security Plan. 6.2 Identification Cards. 6.2.1 The general public will have open access to non-restricted areas at the Port of Mayagüez, such as the passenger terminal lobby, the parking lot, and the administrative offices. However, under certain circumstances, the Port Administrator or its security personnel may require identification cards with photos and may perform motorized vehicle inspections, should such actions be necessary to comply with MARSEC levels. 6.2.2 Any person or employee working under the employ of any user of the Port of Mayagüez which is doing business in any restricted areas on a regular basis, will exhibit a photo identification card issued by the Port Administrator in addition to the Transportation Workers Identification Credential (TWIC) card. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 28 It is each such person's responsibility to obtain a TWIC card. 6.2.3 Access to any Wharf is restricted and limited to those properly identified persons, such as Passengers in transit, outbound or inbound Vessel crewmembers, terminal operators, Port of Mayagüez employees, and any officer of any U.S. Federal agency with authorized access to such area. 6.2.4 Vessel Owners or Vessel Agents for foreign-flagged Vessels will require its crewmembers who disembark in the Wharfs, Piers, Docks, or bulkheads of the Port of Mayagüez, to carry an identification card with photo, in addition to the TWIC card, when applicable. U.S. Coast Guard and U.S. Customs and Border Enforcement may verify enforcement of this requirement by the Port Administrator. 6.3 Facilities Maintenance. All users of the facilities of the Port of Mayagüez will be held responsible for cleaning any facilities after their use, including adjacent aprons and gutters. If the facilities are not properly cleaned, the Port Administrator will perform or cause to perform any required maintenance at the cost and expense of the corresponding user. Areas subject to janitorial services by the Port Administrator are otherwise exempt from this rule, unless undue abuse by any user, in which case the user and/or the corresponding Vessel Agent will be responsible for any cleaning, repairs, and maintenance needed. 6.4 Empty Drums, Etc., Must Not Remain on Wharf Containers, empty drums, tanks, barrels, and any other sort of object used for the storage or transportation of gasoline, distillate, kerosene, or other flammable products may not remain on any Wharf or Landing Place after sunset of the Calendar Day received, without authorization of the Port Administrator and the U.S. Coast Guard. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 29 6.5 Spark Protector Necessary. Every steam or spark producing engine, when used upon any Wharf or Landing Place, as well as every pile driver, when working on or alongside any Wharf, must install a bonnet or spark catcher on its exhaust, that will prevent sparks from falling upon such Wharf or upon the deck of any Vessel. In operating any donkey or hoisting engine in or under any shed, there must be provided by the Vessel Owner, Vessel Agent, or other operator, a bent or curved pipe, with spark arrest, extending to the outside of the shed, and the Vessel Owner, Vessel Agent, or other operator of such engines must clean and remove all ashes, cinders, and waste coming out of engines. 6.6 Explosives, Inflammables, Unlawful and Other Hazardous Materials. 6.6.1 Explosives, inflammables, unlawful (included but not limited to stolen motorized vehicles, controlled substances, contraband guns and munitions) and other hazardous commodities or materials will not be handled over or received on the Wharves or other facilities of the Port of Mayagüez, unless prior approval is obtained from the U.S. Coast Guard, the Port Administrator, and any other U.S. or Commonwealth of Puerto Rico government agency with jurisdiction over the subject-matter. 6.6.2 Such approval may be obtained by filing with the Port Administrator and the U.S. Coast Guard, (i) the Docking Application Permit, (ii) a form Application and Permit to Handle Hazardous Materials, and (iii) an advance copy of the Cargo Manifest, at least two (2) Calendar Days prior to the material's arrival. Additionally, the Vessel Captain or any person responsible for such material will provide the Port Administrator and U.S. Coast Guard with a hazardous cargo Vessel Manifest as soon as the Vessel has arrived at the facilities of the Port of Mayagüez. 6.6.3 The Port Administrator may refuse the use of its facilities or waterfront for the handling, stowing, loading, unloading, or transportation of any explosives or other Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 30 dangerous articles which are considered by the Port Administrator, as its sole discretion, as posing an undue risk to the facilities of the Port of Mayagüez or the public. 6.6.4 Any Cargo in violation of any U.S. Federal or Commonwealth of Puerto Rico law may not be unloaded or otherwise transferred from any Vessel or moved through the facilities of the Port of Mayagüez until all appropriate agencies of the U.S. Government and Commonwealth of Puerto Rico have subject-matter jurisdiction have inspected the Cargo or otherwise consented to its unloading or movement. 6.6.5 No Cargo contemplated in this section may be moved without the Port Administrator's prior written consent. Vessel Owners, Vessel Agents, users, contractors and/or stevedores may be denied future access to the facilities of the Port of Mayagüez for violations of this section. 6.7 Fire Fighting Apparatus. It is prohibited for any person to obstruct or interfere with the access to or in any manner disturb, any fire extinguisher, fire hose, fire hydrant, any part of any fire sprinkler system, or any other fire fighting appliance or apparatus installed in or upon the facilities of the Port of Mayagüez, except when necessary for the prevention of fire or to perform necessary repairs or tests to such equipment by any person duly authorized to do so. 6.8 Domestic and International Garbage from Vessels. 6.8.1 It is prohibited to unload, discharge, or move or cause, suffer, or permit to be unloaded, or transferred, from any Vessel in the facilities of the Port of Mayagüez, any garbage or refuse matter of any kind coming from any foreign country, except when a permit from the corresponding agency (ies) of the U.S. Government or Commonwealth of Puerto Rico has been previously obtained for such purpose. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 31 6.8.2 The Port Administrator will accept local garbage disposal, subject to prior approval and upon assurances of complying with applicable law and the regulations of the U.S. Coast Guard, the U.S. Department of Agriculture, and any other agency of the U.S. Government or Commonwealth of Puerto Rico with subject-matter jurisdiction, whenever the port previously visited by a Vessel had been a U.S. port. 6.8.3 Any garbage disposition by the Port Administrator is subject to the higher of (i) the applicable tariff computed on each 55 gallon bag or (ii) the actual cost of garbage disposal. A Vessel Owner, Vessel Agent, or Vessel Captain may also contract an independent waste disposal service at its own cost. 6.9 Sand for Absorbing Waste Oil. 6.9.1 The Port Administrator will keep suitable sand in buckets, to be used for absorbing waste oil which may fall upon the Wharves or floors of the facilities, and such sand, when saturated, will be removed by the Vessel Owner, Vessel Agent, or Vessel Captain holding berth assignments. 6.9.2 Special disposition of such material may also be coordinated with the Port Administrator through a duly licensed waste disposal service at the corresponding Vessel Owner, Vessel Agent, or Vessel Captain's expense. 6.10 Pollution of Air, Water, and Land. 6.10.1 It is prohibited for any person to deposit, place, or discharge into the waters of the Port of Mayagüez any gaseous, liquid, or solid object which is capable of producing floating matter or scum on the surface of the sea; result in sediment or obstruction on the bottom of the waters; or odors or gases or putrefaction in air, land, or water. 6.10.2 All persons using the facilities of the Port of Mayagüez will take every precaution to avoid pollution of the air, land, or water. Any Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 32 Port Regulatory Agency may, and the Port Administrator will, strictly enforce air, land, or water pollution control regulations and procedures. 6.11 Radioactive and/or Missile Materials. No person will handle or transport any nuclear material, including, but not limited to, Uranium 233, Uranium 235, Plutonium 239, Plutonium 241; any source material, including, but not limited to, uranium and/or thorium; any irradiated fuel elements; any new reactor fuel or elements thereof; or any radioactive material moving under special permit or escort, through the Port of Mayagüez, without at least two (2) Calendar Days prior written notice to, and receipt of, permission from the U.S. Coast Guard and the Port Administrator. Notwithstanding, only prior notice to the Port Administrator will be required for the handling or transportation of medical or industrial isotopes not otherwise mentioned before, but only when packaged, marked, labeled, and limited as to quantity and radiation emissions in accordance with the regulations of the U.S. Coast Guard. 7. BILLING RULES AND REGULATIONS 7.1 General Conditions. The tariffs and charges provided in this Handbook and Tariff may serve as a guide to Vessel Owners, Vessel Captains, and Vessel Agents to estimate the amount of the charge for services and use of the facilities of the Port of Mayagüez. New users or users with a negative credit history need to deposit the totality of any estimated tariffs and other charges to be incurred for Maritime Operations at the Port of Mayagüez prior to incurring any such tariff or charge. Any such payment delivered to the Port Administrator will be credited to the account of such user, pending final invoicing of all the corresponding Maritime Operations. 7.2 Arrival Documents. A Docking Permit Application will be submitted no less than twenty-four (24) hours prior to arrival of a Vessel, and such form has to be approved by the Port Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 33 Administrator prior to the Vessel being permitted to dock at the Port of Mayagüez. In cases of Vessels transporting explosives, inflammables, radioactive, and other hazardous materials, the Docking Permit Application will be submitted no less than forty eight (48) hours prior to the arrival of a Vessel. The Port Administrator may not unreasonably deny any Docking Permit Application. A Docking Permit Application approved by the Port Administrator will be valid for the time period requested and approved on such form. The Port Administrator may deny Docking Permit Application for any Vessel which may pose a hazard to public health, the environment, or to homeland security. 7.3 Departure Documents. 7.3.1 A Vessel Owner, Vessel Agent, or Vessel Captain must file a Vessel Operation Report and final manifest with the Port Administrator within twenty-four (24) hours after the departure of a Vessel from the Port of Mayagüez, unless such deadline falls on a day which is not an Operating Day, in which case the submittal deadline will be extended to 12:00pm of the next Operating Day. 7.3.2 A penalty of 15% on the total amount owed under an invoice for all the Maritime Operations contemplated in the Vessel Operation Report, will be assessed for every twenty-four (24) hour period (or portion thereof) for which the filing of the Vessel Operation Report and final manifest is overdue. Such penalty amount will be included in the invoice for the amounts owed for all Maritime Operations contemplated in the Vessel Operation Report. 7.4 Terms and Conditions of the Invoices and Payments therefor. 7.4.1 The Port Administrator will prepare and submit an invoice to any user within twenty-four (24) hours after receiving the Vessel Manifest. Every user of the facilities of the Port of Mayagüez will be solely responsible for procuring or obtaining any invoice from the Port Administrator as soon as it has been issued. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 34 7.4.2 All invoices will be dated upon their issuance will provide a detail of each tariff or charge included therein; the date that any such tariff or charge was incurred; and copies of any supporting documentation upon which the Port Administrator relied to prepare such invoice. Any prepayment effected by a user prior to the issuance of an invoice will be duly credited and reflected in such invoice. 7.4.3 The Port Administrator must maintain records of all supporting documentation pertaining to an invoice, which is necessary in order to enable any reasonable person to ascertain the accuracy of thereof. The Port Administrator must also include specific crossreferences in the invoice, to the extent reasonably necessary, to justify any specific charge. Such supporting documentation will be promptly provided to the corresponding user upon request, and in all cases within one Operating Day after such request is made by the corresponding user to the Port Administrator. To the extent that the Port Administrator fails to comply with this delivery deadline, the corresponding invoice will be deemed to be retracted by the Port Administrator until it has complied herewith. 7.4.4 If during the Port Administrator's audit procedures when preparing invoices, discrepancies exist between the Vessel Manifest and the supporting documents therefor, the Port Administrator will notify any such discrepancies contained in the Vessel Manifest to the corresponding user and request the immediate correction thereof. To the extent that the corresponding user does not comply with the Port Administrator's without any reasonable justification therefor, the Port Administrator may issue an invoice based on its reasonable assessment as to tariff amounts and charges due on the Maritime Operations carried out by such user. 7.4.5 An invoice is due upon issuance by the Port Administrator and payable within three (3) Operating Days from its issuance. Payments to Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 35 the Port Administrator will be in cash, money order, cashier's check, personal or corporate check, or wire transfer to the account specified by the Port Administrator. 7.4.6 The Port Administrator will have a period of thirty (30) days to restate any invoice which contained errors due to incorrect or incomplete information provided by a user to the Port Administrator. The restated invoice will be deemed issued upon its restatement and will not be retroactive to the date of its original issuance. 7.4.7 Generally, this Handbook and Tariff does not provide for any discounts for tariffs and charges. Notwithstanding the foregoing, the Port Administrator may, upon prior approval from the Mayagüez Port Commission, grant incentives to recurrent users of the facilities of the Port of Mayagüez. In no case will discounts be provided for utility charges (such as water or electricity), miscellaneous charges, reimbursable expenses, and Demurrage. 7.4.8 The Port Administrator is empowered to establish rules, standards, and procedures as considered convenient and adequate to attain the highest efficiency and promptness for the fees collection. Any such rules, standards, and procedures will be subject to the prior approval and modification by the Mayagüez Port Commission, at its sole and absolute discretion. 7.4.9 The Port Administrator will provide copies to the Mayagüez Port Commission of all invoices, in electronic format, for any given month. Such copies for any given month will be delivered to the Mayagüez Port Commission on or by the fifth (5th) Operating Day of the succeeding month. Supporting documentation for any invoice (s) will be available to the Mayagüez Port Commission, in electronic format, upon request. 7.5 Disputed Amounts. 7.5.1 Any user responsible for payment of an invoice issued by the Port Administrator has the Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 36 right to dispute any amount so invoiced or any portion thereof. Such dispute has to be notified to the Port Administration on or by the deadline for payment of any such invoice. All disputes will be filed in writing by the affected user and will clearly indicate the charges and amount in dispute, as well as all information and supporting documentation which are reasonably necessary for the Port Administrator to evaluate such dispute. To the extent that a user does not dispute an invoice on or by the deadline for payment of any such invoice, it will be deemed to be final and unappealable. 7.5.2 Pending evaluation by the Port Administrator of any dispute, no payment will be due from the user on the amount in dispute, pending resolution thereof. The Port Administrator will resolve any disputes within ten (10) Operating Days of the filing thereof. Any determination rendered by the Port Administrator will be subject to review by the Mayagüez Port Commission, upon request by the corresponding user within a term of three (3) Operating Days from the date of issuance of the Port Administrator's decision. Disputes resolved against such user will bear daily interest at a rate of 20% per annum from the original date that the invoice was due, computed as provided in