LASH TERMINAL

7205 W. Rezanof Dr. Kodiak, Alaska

PHONE:(907) 487-2151 FAX (907) 487-2106

 TERMINAL TARIFF NO. 300

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RULE: 34.4 – LIABILITY LIMITS OF

(continued)

(C) The holders of authorized "Terminal Use Permits" and LASH Corporation or others are not responsible for loss or damage caused by fire, frost, heat, dampness or decay, animals, rats,  mice or other rodents, moths, weevils or other insects, leakage or discharge from fire protection systems, collapse of buildings or structures, breakdown of plant protection system, breakdown of plant or machinery or equipment, or by floats or logs, piling or camel logs required in breasting vessels away from the wharf, nor will they be responsible for any loss or damage or delay arising from insurrections, shortage of labor, combinations, riots or strikes of any person in their employ or in the service of others or from any consequences arising therefrom. 

(D) Users damaging Lash Terminal Property will be responsible for cost of repairs. Users will be billed for repairs to damaged property at cost, including overhead.

Where a user fails to pay repair charges within thirty (30) days from the date he is billed, Lash Corporation may sell any freight owned by the user, regardless of whether this freight is in any way connected with the original damage. The sale will be made in the manner described in Subrule 34.9 (F).

Further the Port reserves the right to refuse access to Port to any user who fails to pay repair charges within thirty (30) days of the date on which they are billed.

(E) No provisions contained in this tariff shall limit or relieve the LASH Corporation from liability for its own negligence nor require any person, vessel or lessee to indemnify or hold harmless the LASH Corporation from liability for its own negligence.

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