DUMPING OF OIL OR REFUSE

It shall be unlawful for any person to pump, discharge or deposit or to cause or permit to be pumped, discharge or deposited or to pass or allow to escape in or into the waters of the harbour any oil, spirits, or inflammable liquid or any coal, tar, refuse, or residuary product of coal or any petroleum asphalt, bitumen, or other carbonaceous material or substance, or any product or compound thereof, or any bilge water containing any said materials or substance.

RESPONSIBILITY FOR DEMURRAGE OR DETENTION

Apapa Bulk Terminal Ltd. does not assume responsibility for delays of any nature, demurrage to vessels, or detention of vessels arising from any cause whatsoever.

STEVEDORING

All stevedoring (loading or discharging of vessels) will be subject to the rules and regulations of Apapa Bulk terminal Ltd. And must be performed in a manner satisfactory to Apapa Bulk Terminal Ltd. But Apapa Bulk Terminal Ltd. assumes no responsibility for such work, unless otherwise provided

INSURANCE

All stevedoring companies performing work at the Apapa Terminals ‘A’ and ‘B’ shall be required to file with Apapa Bulk Terminal Ltd. a Certificate of Insurance showing proper coverage for legal liability for damage to Apapa Terminals ‘A’ and ‘B’ property, cargo and/or other personal injuries (see item 27). The charges provided for herein do not include any expense of insurance covering owner’s interest in the cargo of any kind, nor will such insurance be covered by Apapa Bulk Terminal Ltd. under their policies.

OBSTRUCTION OF ROADWAYS, QUAYS AND STORAGE/STACKING AREAS

The roadways, quays, storage and stacking areas on the property of Apapa Bulk Terminal Ltd. shall be kept clear for tariff. No materials, cars or trucks shall be allowed to remain or be stowed thereon unless by prior arrangement. Any property allowed to remain on said roadways, quays, storage and stacking areas may be removed by Apapa Bulk Terminal Ltd. at the expense and risk of the owner of the property so removed.

PARKING REGULATIONS

It shall be unlawful to park vehicles in other than approved parking areas. All persons violating this restriction shall have the vehicles towed away at the sole expense and risk of owner or operator of vehicle.

APAPA TERMINALS ‘A’ & ‘B’ NOT PUBLIC THOROUGHFARE

The quays and other property controlled by Apapa Bulk Terminal Ltd. is not a public thoroughfare and all persons entering therein do so at their own risk. Apapa Bulk Terminal Ltd. reserves the right to refuse admittance to the area and to require the removal from the premises of any person for any reason whatsoever.

SMOKING ON PREMISES

No person shall smoke or light any matches or use or carry any open flame or lighted lantern, or permit any smoking or lighting of any match of the use or carrying of any open flames or lantern in the shade or in the open storage area.

STORAGE CHARGES

Storage charges are applicable for each day during which the goods remain with Terminal ‘A’ and ‘B’ demarcated area after the specified free period has expired.

CLEANING OF OPERATIONAL AREAS

It will be the responsibility of stevedore concerned to take such action as shall be deemed necessary to return all operational areas, including but not limited to, quay property, transit sheds or open storage areas to a condition considered acceptable to Apapa Bulk Terminal Ltd. If such action is not completed within 24 hours after the completion of the vessel concerned Apapa Bulk Terminal Ltd. will take appropriate action to accomplish whatever clean-up may be required. The stevedore will be billed by Apapa Bulik Terminal Ltd. immediately upon completion of the action.

STANDBY DOCKAGE

The term standby is used to define those vessels berthed at Apapa Terminals ‘A’ and ‘B’ and not in process of discharging loading cargo. Berthing facilities will be allocated to vessels this category on an “as available” basis and in all cases these vessels will carry a lesser priority than those destined to load or unload at the terminal berths. Vessels requesting standby dockage will be subject to 14 as are all vessels at the piers.

PENALTIES

Penalty for noncompliance with the provisions of item 16 will be $1,000.00 per incident assessed against the vessel for each violations noted by Apapa Bulk Terminal Ltd. plus the cost of clean-up by a Contractor designated by Apapa Bulk Terminal Ltd.

PAYMENT OF INVOICE

1. The responsibility for Cargo Dues Charges assessed against a vessel shall rest with the local agent and/or owner of such vessel unless other arrangements have been made.

2. Failure to pay respective invoices within seventy-two (72) hours will cause the name of the responsible party to be placed on a delinquent list and such party will be denied further use of the facilities until all outstanding charges have been paid.

3. Apapa Bulk Terminal Ltd. reserves the right to estimate and collect in advance all charges which may accrue against cargo or vessels if parties representing such cargo or vessel have habitually been on the delinquent list.

LIMITS OF LIABILITY

No provision contained in this tariff shall limit or relieve Apapa Bulk Terminal Ltd. from liability for its own negligence nor require any person, or vessel to indemnify or hold harmless Apapa Bulk Terminal Ltd. from liability for its own negligence.

FREE TIME PERIOD

1. Export: Break Bulk cargo may be assembled on Apapa Bulk Terminals ‘A’ and ‘B’ without charge for three (3) days, inclusive of Saturdays, Sundays and legal holidays before the arrival of vessel on which it is to be loaded.

2. Import: Break Bulk cargo unloaded from a vessel may remain at Apapa Bulk Terminals ‘A’ and ‘B’ without charge for three (3) days, inclusive of Saturdays, Sundays and legal holidays after discharge from a vessel. Free time will commence with the first 8.00 a.m. after receipt.

3. Unless agreed otherwise free storage time for import containers, export containers and containers in transit to neighbouring countries shall be permitted to remain at Apapa Bulk Terminals ‘A’ and ‘B’ Without charge for a period of 72 hours. Empty Containers either landed or delivered to the terminals for export will be allowed no free time.

4. In the event of consignee or owner of the cargo Should make application for delivery of the cargo or portion thereof during the free time period and the terminal Should be unable for any reason to make available to the consignee or owner such cargo or Portion thereof the free time shall be extended for a period equal to the terminal’s inability to make the cargo available.

5. Undelivered Cargo: Cargo Which is undelivered and remains on the terminal property beyond the expiration of the free time may be replied to make space or transferred to other locations within the facility or removed to a public warehouse with all expenses and risk of damage for the account of the Owner, shipper, consignee or carrier as responsibility may lie Apapa Bulk Terminal Ltd. is to have a lie on all such cargo, including that which may be placed in public storage for all terminal charges accrued.

6. Cargo remaining on the terminal facility in excess of ninety days (90), unless prior arrangement have been agreed to, shall be considered abandoned and will be sold subject to agreements between ABTL Ltd. and integrated Government bodies (Customs) to satisfy any terminal charges that might be due to Apapa Bulk Terminal Ltd. fifteen (15) days prior to such sale, a reasonable attempt will be made to inform the cargo Owner of pending sale.

PAGE 2 of 3