| Appendix F. Puerto Rican Trade Accommodation for Horizon Lines and Trailer Bridge, Inc. (12/23/03) |
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APPENDIX F PUERTO RICAN TRADE ACCOMMODATION FOR HORIZON LINES AND TRAILER BRIDGE, INC. (12/23/03) This Agreement made this _____ day of December, 2003 between the United States Maritime Alliance, Ltd. ("USMX"), the International Longshoremen’s Association, AFL-CIO ("ILA"), Horizon Lines and Trailer Bridge, Inc. 1. The term of this Agreement shall be for twelve (12) months commencing October 1, 2003 through September 30, 2004. The parties agree that the obligations set forth in paragraph 6 of this Agreement extend beyond September 30, 2004. 2. This Agreement shall be applicable only to the Master Contract Ports of Jacksonville, Philadelphia, New York, Houston and New Orleans (if applicable in that port). 3. The Carrier-ILA Container Freight Station Trust Fund assessment of 30¢ per ton on Puerto Rican cargo shall be waived during the term of this Agreement. 4. The Carrier-ILA Container Royalty Fund assessment of 20¢ per ton on Puerto Rican cargo shall be waived during the term of this Agreement. 5. The ILA agrees that the Puerto Rican carriers will be required to pay the local Container Royalty Fund $1.00 per ton in New York, Philadelphia, Houston, New Orleans and Jacksonville for tons handled between October 1, 2003 and September 30, 2004. 6. Trailer Bridge acknowledges that it is a party to the current Master Contract that will expire on September 30, 2004. Trailer Bridge further acknowledges and agrees that so long as the current local accommodation negotiated by the ILA in Jacksonville, Jacksonville Maritime Association and 52 Trailer Bridge provided to Trailer Bridge in the Port of Jacksonville continues in effect, Trailer Bridge in the future will use only ILA labor under the terms of the Master Contract at ports on the East and Gulf Coasts at which it calls. 7. All parties to this Agreement acknowledge that the Container Royalty CAP amount of tons in each port in which this accommodation applies shall not be reduced. In addition, the tons on which a reduced assessment is paid pursuant to this Agreement will be counted towards the CAP. Finally, both Horizon Lines and Trailer Bridge each acknowledges and agrees that they will not be entitled to receive any CAP refunds attributable to any port in which the companies receive a benefit under the terms of this Agreement. S / James A. Capo S / John Bowers James A. Capo, John Bowers, President, ILA Chairman/CEO, USMX S / John Keenan S / Ralph W. Heim Horizon Lines Trailer Bridge, Inc. 53 AMENDMENT TO THE 12/23/03 PUERTO RICAN TRADE ACCOMMODATION FOR HORIZON LINES AND TRAILER BRIDGE, INC. This Agreement made this 31st day of March, 2004 between the United States Maritime Alliance, Ltd. ("USMX"), the International Longshoremen’s Association, AFL-CIO ("ILA"), Horizon Lines and Trailer Bridge, Inc. (collectively the "Parties") amends the Agreement made between the Parties entitled Puerto Rican Trade Accommodation For Horizon Lines and Trailer Bridge, Inc. (12/23/03) (the "December 23, 2003 Agreement"). 1. This Amendment shall take effect with respect to all cargo handled by ILA labor covered by the Master Contract on and after April 3, 2004. 2. This Amendment shall be applicable only to the Master Contract Port of Jacksonville. 3. The ILA agrees that Horizon Lines and Trailer Bridge, Inc. will be required to pay the local Container Royalty Fund 55 cents per ton in Jacksonville for tons handled in the Puerto Rican trade on and after April 3, 2004. 4. Trailer Bridge acknowledges that it is a party to the current Master Contract that will expire on September 30, 2004. Trailer Bridge further acknowledges and agrees that so long as the current local accommodation negotiated by the ILA in Jacksonville, Jacksonville Maritime Association and Trailer Bridge provided to Trailer Bridge in the Port of Jacksonville continues in effect, Trailer Bridge in the future will use only ILA labor under the terms of the Master Contract at ports on the East and Gulf Coasts at which it calls. 54 5. Except as modified by this Amendment, each and every term of the December 23, 2003 Agreement remains in full force. S / James A. Capo S / John Bowers James A. Capo, John Bowers, President, ILA Chairman/CEO, USMX S / John Keenan S / Ralph W. Heim Horizon Lines Trailer Bridge, Inc. 55 |