Common use of Water Depth at Big Bend Terminal Clause in Contracts

Water Depth at Big Bend Terminal. For the purposes of this Agreement, Tampa Electric shall maintain, or cause to be maintained, adequate water depth at its Big Bend Terminal channel, turning basin and berth to accommodate vessels on an even keel to a maximum draft of thirty three (33) feet draft at mean low water. In the event that United is able to show that there is inadequate water depth to accommodate a vessel with a draft of thirty-three (33) feet draft (even keel) at mean low water, then Tampa Electric shall pay to United an amount equal to the difference (i) between the quantity of coal or other Cargo which could have been carried by the vessel at a draft of thirty-three feet and (ii) if a lesser quantity, the quantity of coal or other Cargo which was carried by the vessel, multiplied by the applicable Rate, always provided that United was ready, willing and able to load on board that vessel fully with coal or the other Cargo. Any such Cargo quantities not carried, and for which additional payments are due from Tampa Electric under this paragraph, shall count as Completed Tons as of the date of the completion of discharge of the vessel in question.