Item 18
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 TIP to do this work at the terminal berth, but it shall be at the sole discretion of TIP whether such permission is granted or not. Any vessel not granted such permission must vacate the berth immediately as required by TIP. 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 TIP to compel removal of the vessel from the berth, nor shall it constitute a waiver on the part of TIP to claim any greater damages that may be sustained as a result of the vessel’s failure to vacate. TIP 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.