LASH TERMINAL

7205 W. Rezanof Dr. Kodiak, Alaska 99615
PHONE:(907) 487-2151 FAX (907) 487-2106
TERMINAL TARIFF NO. 300

EFF: 01 January 2010

For application of individual charges, consult the subrules contained herein.

RULE: 34.1 - APPLICATION OF TARIFF (C)
EFF: 01 January 2010

SCOPE: The rules, regulations, conditions , commodity rates and/or charges set forth in this tariff apply to or from the following terminal (s)

NAME:
LASH CORPORATION
ADDRESS:
7205 W. Rezanof Drive
KODIAK, ALASKA 99615

NOTICE TO THE PUBLIC:
This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignee and carriers, that the rates, rules and charges apply to all traffic without specific notice, quotation or arrangement.

GENERAL APPLICATION:
Rates, charges, rules and regulations provided in this tariff will apply only to merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the LASH Terminal in Kodiak, Alaska. Vessel charges and assessments provided in this tariff are applicable to all vessels when such vessels are provided with dockage service or other vessel services named in this tariff.
The rates, charges, rules and regulations named in this tariff and additions, revisions or supplements thereto shall apply on all freight at facilities subject to this tariff. Unless otherwise specified, all transit freight received at terminals and undelivered prior to the effective dates of tariff, revisions, or supplements thereto, shall be charged the rates in effect on the date such freight was received until lot or shipment has been withdrawn.

ACCEPTANCE OF TARIFF:
Use of wharves and facilities shall be deemed an acceptance of this tariff and the conditions named herein.

RULE: 34.2 - ABREVIATIONS, SYMBOLS, DEFINITIONS (C)
EFF: 01 January 2010

ABREVIATIONS:

SYMBOLS:

(A) Denotes Increase
(C) Denotes Change in Wording which results in neither increase nor decrease in rates or charge
(D) Denotes Deletion
(E) Expiration
(G) General Increase or Decrease
(I) Denotes New or Initial Matter
(N) Reissued Matter
(R) Denotes Reduction

DEFINITIONS:

CARGO TERMINALS: The term "cargo terminals" as used in this tariff shall mean the LASH Terminal including all associated facilities such as warehouses, docks, storage sheds and areas of access to and from the property at Women's Bay in Kodiak, Alaska.

COMMON CARRIERS: "Common Carrier" shall include a person or company who undertakes to transport for the general public for compensation on regular schedules, and who has filed a tariff with the Federal Maritime Commission or the Interstate Commerce Commission.

DEMURRAGE: The term "demurrage" as used in this tariff shall mean the charge assessed against cargo remaining in or on terminal facilities after the expiration of free time unless arrangements have been made for storage.

DOCKAGE: The term "dockage" as used in this tariff shall mean the charge assessed against a vessel for berthing wharf, pier, bulkhead structure or bank or for mooring to a vessel so berthed. The dockage period begins and or ends when vessel is made fast to or is freed from said structures and has vacated the berth.

FREE TIME: The term "Free Time" as used in this tariff shall mean the specified period which cargo may occupy space assigned to it on Terminal property free of wharf demurrage.

HOLIDAYS: Where reference is made in this tariff to the term "holidays" the following legal holidays are referred to.
(See Note 1)

Christmas Day
New Year's Day
Fourth of July
Thanksgiving Day
Labor Day
Veteran's Day
Memorial Day
Washington's Birthday
(Or any legal holiday that may be proclaimed by State Or National Authority.)

NOTE 1 - When the holiday falls on Sunday, the following workday will be designated as the holiday. When the Holiday falls on Saturday, the preceding workday will be designated as the holiday.

OVERTIME: The term "overtime" as used in this tariff shall mean that period of time beginning at 5:00 P.M. and ending at 8:00 A.M., Monday through Friday, also any authorized lunch hour(s).

PORT: The term "Port" as used in this tariff shall mean the LASH Terminal, which is owned by the LASH Corporation.

TERM STORAGE: Term storage is storage for which arrangements have been made in advance of vessel or cargo arrival at the Port.

TERMINAL USE PERMITS: The service of handling, and other terminal services not specified herein, may be provided by independent agents at the Port under Terminal Use Permits issued by LASH Corporation. These permits are available to any qualified agent desiring to provide longshoring services at the Port. Holders of Terminal Use Permits are not agents, servants or employees of the Port but are independent contractors. Terminal Use Permits are not exclusive licenses or franchises.

WHARFAGE:  The term “Wharfage” as used in this tariff shall mean the charge assessed against all freight passing over, onto, under or through the cargo terminal. Wharfage is charged for use of the wharf and does not include any other service.

Rule:  34.3 - INSURANCE (I)
EFF: 01 January 2010

INSURANCE:
Rates in this tariff do NOT include insurance of any kind. All risks of loss and damage while on docks or in storage must be assumed by shippers, owners or consignees who may protect themselves against such loss by covering their shipments with insurance.
(Subject to Subrule 34.4 (E) herein)

RULE: 34.4 - LIABILITY LIMITS OF (I)
EFF: 01 January 2010

(A) No persons other than employees of the holders of authorized "Terminal Use Permits" shall be permitted to perform any services on the wharves or premises or the Lash Terminal, except upon written authorization of the Lash Corporation. To and under specific authorization, neither Lash Corporation, its agents or holders of authorized "Terminal Use Permits" shall be liable for the injury of such persons, nor for any loss, damage or theft occasioned by such persons’ presence on the docks, wharves or premises.

(B) If and when other than the holders of "Authorized Terminal Use Permits" are permitted to perform services on the wharves or premises of the Lash Terminal, they shall be liable for the injury of persons in their employ and shall also be held responsible for loss, damage and theft occasioned by themselves or persons in their employ.

(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.

RULE: 34.5 - DELAYS WAIVER IN CHARGES (I)
EFF: 01 January 2010

Delays in loading, unloading, receiving, delivering or handling freight arising from combinations, riots or strikes of any person in the employ of the terminal operator, or in the service of others, arising from any cause not reasonably within the control of the terminal operator, will not entitle owners, shippers, consignee, or carriers of freight to waiver of wharf or terminal charges.

RULE: 34.6 - MANIFESTS REQUIRED OF VESSELS (I)
EFF:01 January 2010

Masters, owners, agents or operators of vessels are required to furnish the port with complete copies of vessels manifests showing names of consignees of consignors and the weights and measurements of all freight loaded or discharged at the facilities of the port. Such manifests must be certified as correct by an authorized official of the company and must also designate the basis weight or measurement on which ocean freight was assessed.

RULE: 34.7 - OWNERS OR SHIPPERS RISK (I)
EFF:01 January 2010

The LASH Terminal accepts no risks or responsibility for freight damage or loss either during loading, unloading or storage.
(Subject to Subrule 34.4 (E) herein)

RULE: 34.8 - BERTHING (I)
EFF: 01 January 2010

(A) All vessels, or their owners or agents, desiring a berth at the wharves, shall within a minimum time of twenty-four (24) hours, make advance application for berth, specifying the date of docking, sailing and the nature and quantity of cargo to be handled; application for berth is to be made in writing to the port.

(B) Vessels berthing or departing must use sufficient tugs and/or sound seamanship so that vessel can be berthed or removed in a safe manner. Berthing speed shall not exceed six feet per minute, which is the maximum speed allowed by the design of the facility.

(C) Vessels may occupy a berth, subject to charges named in the rate section, providing such vessel shall vacate berth upon demand by the Port. Vessels refusing to vacate berth on demand may be moved by tug or otherwise, and any expenses, damages to vessel or to other vessels or wharf structures during such removal shall be charged to the vessel so moved. Vessels at berth engaged in loading or discharging cargo may be required to work overtime at the discretion of the Port. Overtime differential shall be for the account of the vessel’s owner, agent or operators.

(D) Berthing Priority - Order of Preference:

1.Samson Tug & Barge Co., Inc.
2.Other Common carriers
3.Others

RULE: 34.9 - RIGHTS OF TERMINAL (I)
EFF: 01 January 2010

(A) Right is reserved by the Port to furnish all equipment, supplies and material and to perform all services in connection with the operation of terminals under rates and conditions named herein.

(B) Right is reserved by the Port to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such agreements are consistent with existing local, state and national law governing the civil and business relations of all parties concerned.

(C) Right to refuse freight: Right is reserved by Port to refuse to accept, receive or unload or to permit any vessel to discharge at LASH Terminal or appurtenant premises.

(D) Right to Remove, Transfer or Warehouse Freight:
(Subject to Subrule 34.4 (E) herein)

1. Hazardous or offensive freight, which by its nature is liable to damage other freight, may be immediately removed to other locations or receptacles with all expense and risk for loss or damage for the account of the owner, shipper, agent or consignee.

2. Freight remaining after expiration of free time, and freight shut out at clearance of vessel may be piled or repiled to make space, transferred to other locations or receptacles or removed to public or private warehouse with expenses and risk for damage for account of the owner, shipper, consignee, agent or carrier as responsibility may apply.

3. Freight which in the judgment of the Port may hamper normal operations of the wharf terminal.

(E) Right to Withhold Delivery of Freight: Right is reserved by the Port to withhold delivery of freight and/or services until all charges and/or advances have been paid in full. At Port's discretion, any or all such freight may be sold at public or private sale without advertising, provided owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time.

(F) Right to Sell for Unpaid Charges: Freight on which unpaid terminal charges have been accrued may be sold to satisfy such charges and costs. Freight of a perishable nature liable to damage other freight may be sold at public or private sale without advertising, providing owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time.

(G) Dangerous Cargoes: (See Note Below)

It shall be unlawful for any person to handle, transport, load, discharge, stow or retain any dangerous cargo on any vessel at the cargo terminal, unless such person shall have fully complied with the provisions of the Federal regulations entitled, “EXPLOSIVES OR OTHER DANGEROUS ARTICES ON BOARD VESSELS”, as amended or promulgated by the Secretary of Commerce pursuant to Sec. 4472, as amended, U.S. Revised Statues (46 U.S.C.170) and entitled “U.S. COAST GUARD TANK VESSEL REGULATIONS”, as amended or promulgated pursuant to Sec.4417a of the U.S. Revised Statutes (46U.S.C.391a) and any other applicable Federal, State or municipal laws or regulations.

RULE: 34.10 HOUSEKEEPING (A)
EFF: 01 January 2010

(A) Flammable Cargoes: Users, shippers, consignees and persons in charge of vessels will be responsible for the following:

1.Providing steam and other heating means to assure proper flow of petroleum products requiring such heat.
2.Removal of temporary lines upon completion of receipt or discharge of flammable liquids.
3.Preventing and containing any and all spillage or leakage associated with the receipt or discharge of their cargo(s).
(See Note 2)
4.Cleaning all petroleum products from lines located on or adjacent to the petroleum terminal after vessel completes loading or discharge.
(Unless otherwise authorized by LASH Corporation).

NOTE: 1 - If the Port is requested to perform any of the above users' responsibilities, all applicable costs for performing such service(s) will be billed to users at cost plus 30% for administrative costs.

NOTE 2 - Spillage and/or leakage of petroleum, products or petroleum products or flammables must be cleaned up immediately.

(B) General: Users of Port property will be required to maintain same in an orderly manner as directed by the Port. If user damages or does not clean property used, the Port shall order the work performed and the user will be billed for damaged property and/or uncleaned property at cost plus 30% for administrative costs. (MINIMUM CHARGE FOR CLEAN UP IS $100.00) Dumpsters will be provided for disposal of regular garbage at a cost of $50.00 for a large dumpster and $25.00 for a small dumpster. These charges are for the account of the user.

RULE: 34.11 - PAYMENT TERMS (I)
EFF: 01 January 2010

(A) Term are cash. All fixed charges named herein and charges made for all services shall become due and payable as they accrue.

(B) Advancing Charges:
No Charge shall Be Advanced.

RULE: 34.12 - COLLECTION AND GUARANTEE OF CHARGES (1)
EFF: 01 January 2010

(A) Responsibility for charges: Vessels, their owners, agents, masters and shippers or consignees of goods, docking at or using the facilities covered by this tariff thereby agree to be responsible, jointly and separately, for the payment of charges assessed in accordance with this tariff. Rates, rules and regulations of this tariff and liability for charges apply without regard to the provisions of any bills of lading, charter party agreements, contracts or any other conflicting provisions.

(B) Charges, From Whom Collected: All charges in this tariff will be assessed against freight and when not absorbed by the ocean and/or connecting carrier are due from the owner, shipper or consignee of the freight. Charges of which the vessels owner and/or agent have been appraised must be guaranteed by the vessels owners and/or agent and will be collected from same. Owners and/or agents of vessels, if and when permitted to make their own deliveries of freight from wharf, will be held responsible for payment of any charges against freight delivered by them and accruing to the terminal.

(C) Payment of Charges: All charges for services rendered by the terminal operator or for the use of terminal property or terminal facilities are due in United States currency as they accrue upon completion of services or uses. The Port may request payment in advance as follows:

1. For all charges to the vessel from its owners or agents before a vessel commences it’s loading or discharging.
2. For all charges to the cargo, from a vessel owner, charter, shipper or consignee before the cargo leaves the custody of the terminal.

(D) Penalty Charges. In the event a vessel, its owners or other users of the facilities are delinquent, all unpaid balances shall accrue penalty charges beginning after thirty days from invoice date. These charges shall be at the rate of one and one half percent (l.5%) per month, with a minimum charge of $3.00

RULE: 34.13 - RATES (I)
EFF: 01 January 2010

ITEM 300 Application Of Rates: Except as otherwise provided, rates shall apply per ton of 2000 pounds or per cubic foot or by square foot as rated by carrier.

ITEM 305 Equipment Rental: Equipment listed herein, when available, will be subject to rental on approval of the Port. Rates named are for rental of equipment only and do not include operators and/or oilers except as otherwise noted. Terminal will supply operators and oilers at listed rates. One Hour minimum crane time will be required during normal shift times. A two (2) hour minimum will be required for any call out.

The following weekly and monthly rates are charged at forty (40) hours per week and two hundred (200) hours per month, does not include fuel and requires service by lessee. Long term equipment leasing negotiated on a case by case basis.

EQUIPMENT:

Demurrage will be charged for freight remaining in the port after free time has expired, at the rate of $1.15 per ton per day or $0.17 (17 cents) per square foot per day, which ever is greater.

RULE: 34.15 - DOCKAGE (A)
EFF: 01 January 2010

Dockage charges are assessed upon length-over-all (LOA) of vessel. Length-over-all is defined as the linear distance, from the most forward point at the stem to the after-most part of the stern, measured parallel to the base line of the vessel.

Length-over-all of vessel as published in "Lloyds Register of Shipper" will be used and when not published, the Port reserves the right to: (A) Obtain the length-over-all from vessel's register or (B) measure the vessel.

Dockage charges are computed on a 24-hour calendar day basis and are not subdivided for billing purposes.

RATES ARE AS FOLLOWS:

MOORING BOUYS:
All vessels charged at $0.58 (58 Cents) per foot per day.

LOADING RAMPS:
Use of Beach loading site or Paved loading ramp will be charged at $100.00 per landing during loading or unloading.
NOTE: Long term dockage/moorage rates may be negotiated on a case bycase basis.

RULE: 34.16 - FREE TIME (I)
EFF: 01 January 2010

Freight may remain at the terminal for a period of two (2) days prior to loading or after unloading before demurrage charges are assessed.

RULE: 34.18 – Terminal Storage (I)
EFF: 01 January 2010

Open, unfenced storage areas may be rented, as space is available at a rate of $0.17 per square foot per month with $57.50 being the minimum monthly charge. Large parcels available on an annual basis and will be negotiated individually.

RULE 34.19 – WHARFAGE (I)
EFF: 01 January 2010

All freight will be assessed at a rate $5.18 per ton (2000 lbs.) except as follows:

Fish Products - $4.02 per Ton
Raw Logs - $11.50 per 1000 Board Feet-Scribner Scale or $3.45 per Ton if not “Scaled”.
Gravel - $1.15 per Ton
Inner Port Freight - $3.45 per Ton
Contaminated Waste Products - $11.50 per ton

RULE: 34.20 - Miscellaneous Services and Charges (C)
EFF: 01 January 2010

I. WATER: Potable water will be charged at $28.75 for the first 1000 gallons and $6.90 per each additional 1000 gallons.

II. GRID RATES:

III. Vessel Services