Documentation and Filing of Demurrage Claims Sample Clauses

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Documentation and Filing of Demurrage Claims. Prior to the sailing of the Vessel, Seller shall be provided with a copy of the Vessel’s time log. Any demurrage claim against the Seller must be made by written notice delivered to the Seller within ninety (90) days of the bill of lading date, and accompanied by evidence substantiating each and every constituent part of the claim. Any claim submitted after the ninety (90) days is deemed waived. Fully documented demurrage claims shall be accompanied by supporting documentation, including a copy of the Vessel's statement of facts, or ▇▇▇▇▇▇ agent’s time sheet, a copy of the charter party or the charter party recap, NOR document, laytime statement, discharge pumping logs, and any notices of protest that may have been issued with respect to delays. In addition, any demurrage claim for a barge shall be accompanied by a copy of the barge owner’s demurrage invoice and laytime statement, or the Vessel party’s time charter invoice and time calculation. If the supporting documentation is not actually received within the ninety (90) days of the bill of lading date, the claim shall be deemed to be waived. If the Buyer fails to submit documents within the ninety (90) days of the bill of lading date, which are later discovered and which would change the amount recoverable under the demurrage claim, the additional amount shall be considered to be a new claim which is time barred. Upon receiving that untimely claim, the Seller may, at its sole discretion, waive the time bar and consider an untimely claim on its merits. No such waiver by the Buyer shall be construed as a waiver of the time bar on any subsequent claims.
Documentation and Filing of Demurrage Claims. Prior to the sailing of the Vessel from the berth, Seller shall be provided with a copy of the Vessel’s time log. Demurrage claims shall be accompanied by a copy of the charter party, if applicable, agent’s port log, NOR documents, laytime statement, the Vessel owner’s demurrage invoice and calculations, the Vessel’s statement of facts, as well as such other supporting data as may be reasonably requested by Seller. Any demurrage claim by Buyer must be submitted in writing and actually received by Seller with all supporting documentation within 90 days from the date of completion of loading. IF THE DEMURRAGE CLAIM AND APPROPRIATE DOCUMENTATION IS NOT ACTUALLY RECEIVED BY SELLER WITHIN THE SPECIFIED TIME, THE CLAIM SHALL BE DEEMED TO BE WAIVED.
Documentation and Filing of Demurrage Claims. ▇▇▇▇▇▇▇▇▇ claims shall be accompanied by a copy of the Vessel’s pumping logs signed by the Master, a copy of the charter party, agent’s port log, NOR document, laytime statement, Vessel owner’s invoice (where applicable) as well as such other supporting data as may be reasonably requested by the Terminal Party. Any demurrage claim by the Vessel Party must be in writing, and actually received by the Terminal Party with all supporting documentation, within ninety (90) days from the time of completion of loading or discharging, defined as the disconnection of hoses. IF THE SUPPORTING DOCUMENTATION IS NOT PROVIDED WITHIN THE SPECIFIED TIME, THE CLAIM WILL BE DEEMED TO BE WAIVED. THE TERMINAL PARTY SHALL NOT BE OBLIGATED TO PAY DEMURRAGE IN EXCESS OF THE AMOUNT ACTUALLY INCURRED BY THE VESSEL PARTY. DOCUMENTS WILL BE PROVIDED TO THE TERMINAL PARTY THAT CONFIRM ACTUAL DEMURRAGE PAID (WHERE APPLICABLE) BY THE VESSEL PARTY. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, NO CLAIMS FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE SHALL BE MADE BY EITHER PARTY RELATING TO DEMURRAGE. All demurrage claims must be submitted to ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to be considered valid.
Documentation and Filing of Demurrage Claims. ▇▇▇▇▇▇▇▇▇ claims must be accompanied by such supporting data as may reasonably be required to confirm charges paid or due to third parties and to document times, events, schedules, pumping rates, pressures or other matters concerning the claim. Any demurrage claim by the Vessel Party must be submitted in writing, with supporting documentation, within 90 calendar days after laytime has ended. No claim will be paid that is received more than 90 days after laytime has ended. Demurrage charges will be due within 60 calendar days from receipt of invoice and supporting documents. The fact that the owing party has not collected demurrage from a third party is not an excuse or defense to a claim for payment by the owed party. Demurrage payable to the Vessel Party may not exceed actual demurrage paid to the Vessel owner. The Vessel Party is required to provide all necessary documents supporting/confirming payment to the Vessel owner.

Related to Documentation and Filing of Demurrage Claims

  • Documentation and Record Keeping 1. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 23 CFR.

  • Preparation and Filing If and whenever the Corporation is under an obligation pursuant to the provisions of Sections 3.5 and/or 3.6 to use its best efforts to effect the registration of any Registrable Shares, the Corporation shall, as expeditiously as practicable: (a) prepare and file with the Commission a registration statement with respect to such securities and use its best efforts to cause such registration statement to become and remain effective in accordance with Section 3.7(b) hereof; (b) prepare and file with the Commission such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective until the earlier of (i) the sale of all Registrable Shares covered thereby or (ii) nine months from the date such registration statement first becomes effective, and to comply with the provisions of the Securities Act with respect to the sale or other disposition of all Registrable Shares covered by such registration statement; (c) furnish to each holder whose Registrable Shares are being registered pursuant to this Section 3 such number of copies of any summary prospectus or other prospectus, including a preliminary prospectus, in conformity with the requirements of the Securities Act, and such other documents as such holder may reasonably request in order to facilitate the public sale or other disposition of such Registrable Shares; (d) use its best efforts to register or qualify the Registrable Shares covered by such registration statement under the securities or blue sky laws of such jurisdictions as each holder whose Registrable Shares are being registered pursuant to this Section 3 shall reasonably request, and do any and all other acts or things which may be necessary or advisable to enable such holder to consummate the public sale or other disposition in such jurisdictions of such Registrable Shares; provided, however, that the Corporation shall not be required to consent to general service of process for all purposes in any jurisdiction where it is not then subject to process, qualify to do business as a foreign corporation where it would not be otherwise required to qualify or submit to liability for state or local taxes where it is not otherwise liable for such taxes; (e) at any time when a prospectus covered by such registration statement and relating thereto is required to be delivered under the Securities Act within the appropriate period mentioned in Section 3.7(b) hereof, notify each holder whose Registrable Shares are being registered pursuant to this Section 3 of the happening of any event as a result of which the prospectus included in such registration, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing and, at the request of such holder, prepare, file and furnish to such holder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing; (f) if the Corporation has delivered preliminary or final prospectuses to the holders of Registrable Shares that are being registered pursuant to this Section 3 and after having done so the prospectus is amended to comply with the requirements of the Securities Act, the Corporation shall promptly notify such holders and, if requested, such holders shall immediately cease making offers of Registrable Shares and return all prospectuses to the Corporation. 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