The use of the facilities and services described herein shall constitute a consent to the terms and conditions of this Tariff and shall evidence an agreement on the part of all users of such facilities and services to pay all charges specified herein and to be governed by all the rules and regulations printed in this Tariff as interpreted by Theodore Marine Terminal (Woodchip Bulk Facility) referred to as TMT.

Barge – Dry or liquid cargoes, non-self-propelled. Vessels which are in the sole opinion of TMT suitable for loading/unloading by TMT equipment and personnel.

Dockage – The charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed.

Freetime – The specified period during which cargo may occupy space assigned to it on terminal property free of terminal storage charges immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel.

Net ton – 2000 pounds.

Terminal – Theodore Marine Terminal (Bulk Facility), Theodore, Alabama.

User – The general public, owner of the cargo, shipper, exporter, carrier, trucker, boat barge and/or vessel, and any master, owner, manager, operator, agent or duly authorized representative.

Vessel – Any watercraft used for the floating transportation of marine cargo, whether self-propelled or non-self-propelled and any master, agent owner, disponent owner, time-charter owner, or other 3 person purporting to act on behalf of such waterborne instrumentality.

Wharfage – The charge assessed against the cargo on all cargoes passing or conveyed over, onto, or under wharves or between vessels when moored at facilities provided or when moored in slip adjacent to wharf. Wharfage is solely the charge for use of the wharf and does not include charges for any other service.

Visit the Core Industries website at www.coreindustries.com to complete and submit the berth application document.

TMT, in its sole discretion, will require a vessel to load during all hours when labor can be available and to work continuously until loading is completed, or for any part of such hours as TMT may determine to be necessary. This rule may be applied whenever more vessels are in port than can be berthed at the terminal; and/or in order to expedite the movement of vessels; to insure the fullest possible use of the terminal; and/or to eliminate any threat of actual or possible congestion of vessels or barges. Any vessel unwilling to work as directed in accordance with this rule shall vacate the berth without delay. The vacating vessel shall only be permitted to berth again at the terminal after giving written agreement to load continuously until completed whether in regular hours or in overtime hours.

TMT may order any vessel to vacate the loading berth for any reason at any time. Should any vessel refuse or fail to vacate the berth when ordered to do so by TMT, a charge of $1000.00 per hour for each hour after vacating notice has been given to vessel’s owner, operator, agent, master or TMT, will be assessed to the vessel occupying the berth. This charge shall be assessed as liquidated damages and the parties agree that this accurately represents a minimum estimate of damages to TMT because of the failure of the vessel to vacate. This charge shall not impair the right of TMT to compel the removal of the vessel from the berth, nor shall it constitute a waiver on the part of TMT to claim greater actual damages that may be sustained as a result of the vessel’s failure to vacate.

TMT shall have the right, authority, and privilege to remove the vessel by any lawful means at the vessel’s own risk and expense and shall not be liable for any damage, delay, or other expense including legal costs arising from the act of removal of the vessel by whomsoever incurred.

If, in the terminal’s judgment, weather conditions so warrant, any vessel in berth may be ordered at any time of the day or night to vacate the berth until such time as weather conditions permit the vessel to return to the berth. Appropriate officers and crew shall be maintained on board the vessel at all times for this purpose. If any vessel should fail or refuse to vacate the berth, it will be liable for the damages described in Item 9.

The vessel shall not blow out their tubes in the vicinity of the terminal dock. A fine in accordance with the provisions of local ordinances shall be levied against any vessel, owner, or agent violating this rule. In addition to the above fine, the vessel, its owner, master and agent jointly and severally agree to defend, indemnify, and reimburse TMT for and against any claim, suit, or loss the terminal may suffer as the result of such violation.

If a vessel berthed at the terminal finds it necessary to discharge or shift ballast or to take on fresh water, such action must be planned sufficiently in advance so that loading, unloading, completion, or departure will not be delayed. Damages for any delays resulting from failure to preplan as described above or to pre-advise the terminal management accordingly will be charged against the vessel, its owners, master and agent at the rate of $1000.00 per hour for each hour or fraction thereof that loading, unloading, completion or departure is delayed thereby.

If for any reason a vessel cannot maintain a continuous cargo handling operation performance as required by TMT due to the vessel being engaged in pumping ballast, bunkering, repair work, or any other problem directly related to the vessel, then a penalty will be charged against the vessel, its owners, master and agent at the rate of $1000.00 per hour for each hour or fraction thereof that loading is delayed.

No vessel will be allowed to take on bunkers while in berth without the express approval of the terminal management who will only permit same providing such bunkering will not affect the cargo handling operation or draft survey procedure.

Without the expressed written approval of the terminal management, there will be no work or repair of any nature on a vessel in berth when such work or repair may involve burning, welding or any work or repair when there may be the possibility of sparks.

Regulations as promulgated by the U.S. Department of Labor Bureau of Labor standards require that gangways meet certain standards. It is necessary that vessels must comply in all respects with these regulations while in berth.

Dockage charges shall be applicable to all vessels that berth at the Terminal and shall apply during the time that the vessel is docked at the wharf regardless of whether or not the vessel is working. The dockage rates are listed in Item 19.

Upon completion, a vessel shall not occupy the berth at the terminal longer than is necessary to close the hatches. Vessels requiring to set booms and derricks before making ready for sea may request written permission from TMT to do this work at the terminal berth, but it shall be at the sole discretion of TMT whether such permission is granted or not. Any vessel not granted such permission must vacate the berth immediately as required by TMT. Failure to comply with this requirement shall automatically cause the vessel or its agent to be responsible for a dead berth charge of $1000.00 per hour or fraction thereof from the time that permission was refused. This charge shall not impair the right of TMT to compel removal of the vessel from the berth, nor shall it constitute a waiver on the part of TMT to claim any greater damages that may be sustained as a result of the vessel’s failure to vacate. TMT shall have the right, authority, and privilege to remove the vessel by any lawful means at the vessel’s own expense and risk and shall not be liable for any damage, delay, or other expense including legal costs, by whomsoever incurred, arising from the act of removal of the vessel.

Bulk Cargo – Dockage at Theodore Marine Terminal (Woodchip Bulk Facility) facilities will be assessed at $.36 cents per GRT per 24-hour day.

Barges – All barges, 35′ X 200′ or smaller, to be loaded or unloaded at the Theodore Marine Terminal (Woodchip Bulk Facility) will be assessed dockage at a rate of not less than $250.00 per barge per day. All other barge vessels will be assessed dockage at the above tariff rates.

All barges exceeding 200 feet LOA will be assessed at the dockage rate to be quoted, per day. This rate shall not exceed $600.00 per day.

This service will be provided by TMT. Cancellations will be assessed one-half of the applicable rate.

Wharfage shall be quoted on a project basis.

Fresh water supplied to vessels by TMT where the service is available will be invoiced at $8.00 per 1,000 gallons. A hookup fee will be invoiced at $60.00. A minimum charge of $75.00 is applicable.

 Facility Cleanup Charge will be assessed to all vessels, ocean barges and lash barges loading and/or discharging cargo for the removal of trash and debris associated with the use of Theodore Marine Terminal’s (Bulk Facility) facilities. The Facility Cleanup Charge will be assessed to the vessel and/or the agent of record submitting the berth application.

Vessels and Barges – Due to increased security necessary to be compliant with United States Department of Homeland Security requirements, foreign-flag vessels shall be charged a maximum of $800 per day.

A security surcharge, as described in this tariff item, shall be assessed against and collected from all vessels, barges, and cargo interests utilizing services or facilities at TMT.

The security surcharge is assessed to recover costs incurred for security assessments, security plans, equipment purchase, installation and maintenance and staffing required to implement and maintain surveillance and access controls mandated by the Maritime Transportation Security Act of 2002 and U.S. Coast Guard Regulation 33 CFR 105.

Users of TMT services or facilities, who withhold, refuse or otherwise fail to pay properly assessed security surcharges, shall be subject to all reasonable collection cost. Additionally, at the sole discretion of, TMT such users may be denied service or required to deposit estimated port charges in advance of using facilities or receiving services.