hereof and the Mayagüez Port Commission

has determined that such user has prevailed in such dispute, the Port Administrator will not consider any such invoice in determining whether such user's account is delinquent. 7.7 Prepaid Operations. If a user of the facilities of the Port of Mayagüez or Vessel Owner, Vessel Agent, or Vessel Captain has a history of frequent and/or several delinquent accounts, the Port Administrator may require that it Maritime Operations be prepaid. The amount of prepayment will be determined at the reasonable discretion of the Port Administrator, based on the Maritime Operations to be effected. To the extent that a user of the facilities of the Port of Mayagüez has exercised its right to dispute an invoice pursuant to Section 7.5 hereof and the Mayagüez Port Commission has determined that such user has prevailed in such dispute, the Port Administrator will not consider any such invoice in determining whether such user's account is delinquent and for purposes of Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 38 determining whether such user will be required to pay any Maritime Operations. 7.8 Credits Balances on Invoices. To the extent there is a credit balance remaining in any invoice (original or restated), the Port Administrator will deliver to the corresponding user a check for such credit amount within one (1) Operating Day of the determination of such credit and the amount thereof. To the extent any such check is not cashed with six (6) months, the Port Administrator will place a stop payment thereon and deliver the full credit amount to the Mayagüez Port Commission, to be held in trust for the corresponding user. The Port Administrator will provide written notification to such user, via certified mail with return-receipt confirmation to such user's last known address, advising that it may file a written claim for reimbursement of such credit amount with the Mayagüez Port Commission. 7.9 Access to Records. Any user of the facilities of the Port of Mayagüez as well as any Vessel Agent will be required to permit full access to the Vessel Manifest as well as any other document related to the Vessel's operation, for auditing purposes and ascertaining the correctness of the invoices and reports issued by the Port Administrator. Moreover, the Port Administrator will permit full access to all Vessel Manifests as well as any documentation in any manner pertaining to all Maritime Operations conducted at the Port of Mayagüez. 7.10 Exceptions to Terms and Conditions of the Invoices and Payments therefor with Respect to Fuel Service for Vessels. The provisions of Sections 7.4.1 and 7.4.5 will not be applicable with respect to any tariffs applicable to any fuel supplier delivering fuel to any Vessel within the facilities of the Port of Mayagüez, provided the person or entity supplying such fuel complies with the provisions of this Section 7.10. Upon Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 39 delivery of fuel to any Vessel, the person or entity supplying such fuel will deliver to the Port Administrator a report certifying the amount of fuel delivered, as well as any other information with respect to such fuel delivery that the Port Administrator may reasonably request. The Port Administrator will prepare the invoice with respect to the fuel delivery for any given calendar month on the first Operating Day of the next succeeding calendar month. Any such invoice is due upon issuance by the Port Administrator and payable on or by the fifteen calendar day from its issuance. A penalty of 10% is applicable to missing documents as per requested on Section 7.10. 8. DOCKAGE Any Vessel berthing at, or making fast to, a Wharf, Pier, or bulkhead structure, or mooring to another Vessel so berthed, will pay Dockage at the rates established herein, unless otherwise excepted therefrom. 8.1 Application Term. The period of time for which Dockage will be assessed against a Vessel will commence when such Vessel is made fast to a Wharf, Pier, or bulkhead structure, or to another Vessel so berthed, and will continue until such Vessel is completely free from and has vacated such berth. Dockage will be assessed for each period of twenty-four (24) hours or fraction thereof, during which a Vessel is at berth or dock. 8.2 Vessel Shifting Berths. When a Vessel shifts berth at the request of the Port Administrator, Dockage will be assessed starting at the time the Vessel is made fast to the first Wharf, Pier, or bulkhead until the time it leaves the last berth. Time incurred while shifting berths, at request of the Port Administrator, will not be counted for purposes of the assessment of Dockage. If a Vessel shifts berth for its benefit or that of his/her Vessel Agent, Dockage will be assessed separately at each Wharf, Pier, or bulkhead. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 40 8.3 Dockage Rates. 8.3.1 Rates computed on the basis of Gross Tonnage. Dockage rates will apply to Vessels (including Tugboats) per each Gross Ton, as provided in the Vessel license certificate or in the International or Domestic certificate. To the extent that such figures differ between certificates, the highest figure will be used to determine the Dockage assessed. The following types of Vessels are assessed Dockage at the following rates per Gross Ton, for each twenty-four (24) hour period or fraction thereof: 2012 2013 2014 2015 2016 16.1.1 Ferryboat Vessels $0.07538 $0.07538 $0.08292 $0.08292 $0.08292 16.1.2 Cruise Vessels $0.07538 $0.07538 $0.08292 0.08292 $0.08292 16.1.3 Tanker Vessels, $0.09551 $0.09551 $0.09742 $0.09937 $0.10136 Barges, and Tugboats, while berthed at Wharves, Piers, or bulkhead structures designed for loading and unloading liquid Cargo via pipeline 16.1.4 All Vessels while $0.17181 $0.17181 $0.17525 $0.17875 $0.18233 berthed at dry Cargo Wharves, Piers, or bulkhead structures, in connection with trade from Off-Shore Points 16.1.5 All Vessels while $0.12883 $0.12883 $0.13141 $0.13403 $0.13672 berthed at dry Cargo Wharves, Piers, or bulkhead structure, in connection with trade with other Puerto Rico or U.S. Virgin Islands ports 16.1.6.2 Revenue $0.20163 $0.20163 $0.20566 $0.20978 $0.21397 activities Vessels including those of nonprofit organizations and Pleasure Charters engaged in business revenue activities carrying less than 100 Passengers 8.3.2 Dockage by fixed amount. Small Cargo Vessels, triple-deck ro-ro barges, international car carriers, and large and ultra-large container Vessels are assessed Dockage at the following Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 41 rates per Gross Ton, for each twenty-four (24) hour period or fraction thereof. 2012 2013 2014 2015 2016 16.1.6.1 Small Commercial $150.00 $150.00 $165.00 $165.00 $165.00 Vessels with 145 Gross Tons or less 16.1.9.1 Triple deck Ro-Ro, $2,670.24 $2,670.24 $2,937.26 $2,937.26 $2,937.26 International Car Carriers and large and ultra large Container Ships 8.3.3 Dockage applicable to Pleasure Craft. Pleasure Craft are assessed Dockage at the following rates per linear feet of length, for each twenty-four (24) hour period or fraction thereof. With respect to Pleasure Craft measuring less than 25 linear feet in length, the Dockage charge for a Pleasure Craft of 25 linear feet in length is applicable. 2012 2013 2014 2015 2016 16.1.7 Pleasure Crafts - Minimum charge of 25 $1.00/lf $1.00/lf $1.10/lf $1.10/1f $1.10/lf linear feet 8.3.4 Dockage Rates for Vessels in Repair. Discounted Dockage rates will apply to Vessels which require repairs or scheduled maintenance while berthed at the Port of Mayagüez. A Vessel Owner, Vessel Agent, or Vessel Captain must submit a written request to the Port Administrator for application of such discounted Dockage rates, prior to effecting any such repairs or maintenance. The Vessel Owner, Vessel Agent, or Vessel Captain will provide a description of the repair or maintenance required, the approximate schedule timeframe, and the contractor to be hired to perform such works, as well as other information that may be reasonably required by the Port Administrator in determining to approve such request at its reasonable discretion. When arrangements for a berth for repairs or maintenance are approved, the corresponding Vessel will be subject to Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 42 shifting berths, as reasonably required by the Port Administrator to accommodate the operational needs of the Port of Mayagüez. The following percentage discounts will be applicable on the regular Dockage rates assessed. 2012 2013 2014 2015 2016 16.1.9.2 Vessels 50% of reduction on Dockage tariff as applicable to regularly serving Vessel on maintenance or repair ports of the Commonwealth of Puerto Rico while on maintenance or repair 16.1.9.3 Vessels not 40% of reduction on Dockage tariff as applicable to regularly serving Vessel on maintenance or repair ports of the Commonwealth of Puerto Rico while on maintenance or repair 8.3.5 Dockage rates applicable to Tugboats. Tugboats are assessed Dockage at the following rates per Gross Ton, for each twenty-four (24) hour period or fraction thereof. See Section 8.4 for exceptions to this tariff. 2012 2013 2014 2015 2016 16.1.3 Tanker $0.09551 $0.09551 $0.09742 $0.09937 $0.10136 Vessels, Barges, and Tugboats, designed for loading and unloading liquid Cargo via pipeline 8.3.6 Dockage NOS. Any type of berthing not otherwise contemplated in this Section 8.3, is assessed Dockage at the following rates per Gross Ton, for each twenty-four (24) hour period or fraction thereof. 2012 2013 2014 2015 2016 16.1.8 Dockage NOS $0.19484 $0.19484 $0.19874 $0.20271 $0.20677 per Gross Ton 8.4 Exceptions to Dockage Tariff. No Dockage tariffs are assessed on the following: Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 43 8.4.1 Tugboats Rendering Service. A Tugboat engaged in the rendering of towing services to another self-propelled Vessel. This exception will cease to apply if the Tugboat stays fast to another Vessel beyond the time necessary for rendering any towing services. 8.4.2 Combat or Training Vessels. Combat or training Vessels, including any auxiliary Vessels thereto, of the U.S. or any other nation. 8.4.3 Regattas. Vessels participating in any regatta or similar maritime activity, to the extent such regatta or maritime activity is recognized as such by the Mayagüez Port Commission. 8.4.4 Vessels of any agency or instrumentality of the U.S. or the Commonwealth of Puerto Rico Vessels. Any Vessel of any agency or instrumentality of the U.S. or Commonwealth of Puerto Rico, when (i) such exception is required by law or regulation or (ii) as determined at the respective discretion of the Mayagüez Port Commission or the Port Administrator. 8.5 Vessel Departure; Penalties for Late Departure. 8.5.1 Vessel's Departure; Notification of Late Departure. The Vessel Owner, Vessel Agent, or Vessel Captain must closely observe and will be responsible for compliance with its departure schedule, as contemplated in its approved Docking Permit Application, and must cease operations at a Pier not later than one (1) hour before its departure time, as provided in its Docking Permit Application. Vessels may request extensions to such time period by submitting a written request to such effect with the Port Administrator. It is the sole responsibility of the Vessel Owner, Vessel Agent, or Vessel Captain to submit any such request with sufficient time to permit the Port Administrator to evaluate it. The Port Administrator will exercise its reasonable discretion in approving any such request. Mayagüez Port Commission Handbook and Tariff No. 02 Rules and Regulations Page 44 8.5.2 Penalty; Responsibility for Losses and other Damages. Any Vessel that stays at the Port of Mayagüez beyond the Dockage time approved by the Port Administrator is subject to a penalty of $5,000 per hour (or fraction thereof). No penalties will be assessed in cases where the delay in a Vessel's departure was attributable to the occurrence of Force Majeure. To the extent a Vessel overdue departure results in the interruption of the operational schedule of the Port of Mayagüez or any other Vessel, the corresponding Vessel Owner, Vessel Agent, or Vessel Captain will also be responsible for any losses or other damages caused to any party by reason of, or incidental to, such overdue departure. 8.5.3 Extension to Departure Time by Reason of Incoming Vessel. A Vessel's departure time (as approved in its Docking Permit Application) will be automatically extended, to the extent the delay in such Vessel's departure is attributable to another Vessel entering or departing the Port of Mayagüez. To the extent such Vessel departs the Port of Mayagüez immediately upon the other Vessel ceasing to prevent its departure, no additional tariffs or charges will be assessed on such Vessel by reason of such late departure. 9. WHARFAGE As established in this Handbook and Tariff, Wharfage rates will assessed based on the weight or the volume of the Cargo. Measurements conversions, if necessary, will be effected by the Port Administrator in accordance with