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Valid from January 1st 2012

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Port of Aalborg Ltd.

Management: Managing Director: Claus Holstein Mail: ch@aalborghavn.dk Traffic and operation: Harbour Master Peter J. Petersen Mail: pjp@aalborghavn.dk Infrastructure and environment: Technical Manager Mette Schmidt Mail: ms@aalborghavn.dk Property development and planning: Department Manager Jørgen G. Frandsen Mail: jf@aalborghavn.dk Sales and marketing: Sales- and marketing Manager Ole Brøndum Mail: ob@aalborghavn.dk Finances: Account Manager Betina C. M. Nielsen Mail: bcn@aalborghavn.dk Secretariat: Office Manager Lise-Lotte Terp Mail: llt@aalborghavn.dk Port of Aalborg Ltd. Langerak 19 Post-box 8530 9220 Aalborg Øst Phone: +45 9930 1500 Fax: +45 9930 1515 E-mail: info@aalborghavn.dk Web: www.aalborghavn.dk

Traffic and operation: Traffic Department, 24 hrs. - Direct phone + 45 99301520, VHF channel 16. E-mail: trafik@aalborghavn.dk

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INDEX

1. INTRODUCTION........................................................... 5

2. TERMS OF PAYMENT..................................................... 6

3. SHIPPING DUES AND PORT RATES ON GOODS ................. 6

4. FRESH WATER............................................................11

5. POWER SUPPLY ..........................................................11

6. DISPOSAL OF REFUSE FROM VESSELS ...........................12

7. TEMPORARY STORAGE OF GOODS ETC...........................18

8. CLEANING OF AREAS...................................................21

9. VETERINARIAN BORDER INSPECTION ............................22

10. DUES INFRASTRUCTURE..............................................23

11. VARIOUS EQUIPMENT..................................................24

12. LIABILITY CLAUSE ......................................................25

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1. INTRODUCTION 1.1. General conditions

The present set of regulations provides guidelines and conditions for users of the Port of Aalborg. With the intention to promote activities and initiatives, which will contribute to a positive development, the Port of Aalborg is also ready to enter into individual agreements. The superior regulations governing the Port of Aalborg are contained in “Regulations for the Port of Aalborg” and “Standard Regulations for Danish Traffic Harbours”.

1.2. Ordering of services.

The Port of Aalborg wishes to support the equality of the various transport modes. When loading and discharging in the Port, infrastructure fees will be charged such as: Shipping - and commodity dues, railway dues and dues on lorries. Enquiries and orders on services can be obtained from the Traffic Department on phone 99 30 15 20. 1.3. Further information

Further information and extra copies of “Regulations and Rates for Services provided by the Port of Aalborg” can also be obtained from the Traffic Department, Port of Aalborg. In the event of dispute concerning the interpretation of this English version of “Regulations and Rates for Services provided by the Port of Aalborg”, the Danish version shall take priority. Normal workinghours Monday to Thursday from 07:00 to 15:30 and Friday from 07:00 to 15:00. 1.4. Security ISPS

The Port of Aalborg has 8 approved facilities. UN Locator code: DKAAL Port Security Officer: Harbour Master Peter J. Petersen Phone: (+45) 99 301530 Mail: pjp@aalborghavn.dk No special security fee is charged for calling the approved port areas.

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Admission to the Port facilities. Approval and issue of ID chart: Dkk. 150.00 /piece. Normal working hours. Monday – Thursday: 07:00 – 15:30 hours Friday: 07:00 – 15:00

2. TERMS OF PAYMENT Where no agreement has been made, payment for services provided by the Port of Aalborg is due within 30 days. Payment for valid services in connection with shipping fees is due 7 days from date of invoice, where no special agreement has been made and sufficient security has been provided. Breach of above limits will include interest and charges. Charge reminder: DKK 100,00 Interest: Official bank rate + 7% Liability-clause, see chapter 12 page 25.

3. SHIPPING DUES AND PORT RATES ON GOODS 3.1. Shipping dues

3.1.1. General conditions All vessels and all floating objects shall pay shipping dues for lying in the port or the deepened channels leading to it. The dues are chargeable to the vessel. Shipping dues are to be calculated on the basis of the total gross tonnage (GT), and will be charged on the following scale: Rate GT DKK/GT I 100 – 5,000 2.35 II 5,000 – 10,000 2.90 II Above 10,000 3.42 Barge 4.00 Shipping dues cover the ships stay in port for one week, counted from the day of arrival. For longer stays, dues will be calculated proportional for each

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commencing 24 hrs, or an agreement can be made for the payment of a basin space occupation fee. EU statutory order No. 2978/94 was revoked by EU statutory order No. 417/2002 for termination by December 31st 2007. Accordingly tankers with SBT (Segregated Ballast Tanks), from January 1st 2008 will not be granted SBT reduction in the GT when shipping dues are calculated. For pleasure crafts lying outside the marina area, basin space occupation fees will be charged on an annual basis. 3.1.2. Vessels calling regularly including regular Liner Traffic For vessels making regular calls, including regular liner traffic, individual agreements for the calculation and payment of shipping dues may be entered by negotiation. The following general guidelines will govern such agreements:

• Number of arrivals after agreement has been reached. • Agreement shall cover specified vessels and types of goods. • Line must be open for regular liner cargo.

3.1.3. Barges etc. and tugs For barges etc. and towing vessels assisting these, a total barge due shall be paid, calculated on the basis of the gross tonnage (GT) of the barge. Barge due cover the barge stay in the port for one week, counted from the day of arrival. 3.1.4. Exemption from shipping dues Exempted from payment of shipping dues are;

• Vessels under 100 GT

• Vessels belonging to the Danish or foreign governments which are not fitted to carry goods or passengers.

• Vessels calling at the Port exclusively to repair, receive provisions and

stores, await opening of the bridges, to seek medical assistance, to land sick and ship-wrecked persons etc., as well as disabled ships or ships which, due to weather conditions such as gale and fog, have to seek shelter. Always provided that the stay does not exceed 24 hours.

• Pleasure crafts. However berthing outside normal layberth is for

maximum 24 hour after permission.

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3.2. Port Rates on Goods 3.2.1. General conditions All goods discharged, loaded or in any other way shipped or landed in the port or the deepened channels leading to it shall be subject to payment of goods rates. Goods rates are incumbent upon the consignee or the consignor respectively and the vessel shall have the right of recourse against the consignee or the consignor. In the case of a change of tariff, the rates shall be calculated in accordance with the rates applicable at the time of the commencement of unloading or loading respectively. If the type of goods is not separately specified, it will be subject to the rate for general cargo DKK 14,80/ton. The text of the Customs Rates determines the groups of goods which are to be classed under the chapter or customs heading numbers. For fish and shellfish, whether processed or not, discharged from fishing vessels or smacks, a value rate shall be payable at first-hand sale. 3.2.2. Exemption from port rates on goods The goods listed below are exempted from port rates: As far as cargo is concerned, the exemption presupposes that, when notifying the Port Authority, the master of the vessel or his agent has made a request that the goods be discharged or loaded without payment of port rates on goods.

• Empty containers, trailers and similar used within the sector of Liner Traffic, when not dispatched as articles of commerce.

• Provisions and other necessities for exclusive use on board the vessel.

• Goods, with the exception of fresh fish and shellfish from fishing

vessels, transferred from one vessel to another without being landed.

• In special cases and in respect of goods brought into the port by sea and for which inward port rates have been paid to the Port Authority, an exemption from outward port rates may be arranged with the port Authority.

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• Goods shifted via quay during the same stay in port by the same

vessel within two weeks without being processed. 3.3. Provision of Information

The master of the vessel or its agent shall provide the Port Authority with such information about the vessel and its cargo as is necessary for the assessment of shipping dues and goods rates and in confirmation of this information, the ship’s papers, manifests and weight documentation shall be produced. In addition, the master or the vessel’s agent shall provide the Port Authority with such information about the vessel, passengers and cargo, including any means of transport, containers etc., as is necessary for the preparation of statistics.

3.4. Commodity dues (Goods rates) 3.4.1. DKK 4,90 per ton. Above rate includes commodities such as: Non-edible products of animal origin. Sugar beets etc. Various soils and stones, lime, crude gypsum and sulphur. Various ores, slag and ashes and silicates. Various residues and waste products from foodstuff industry. 3.4.2. DKK 8,90 per ton.

Above rate includes commodities such as: Grain & and various types of foodstuff. Potatoes, none consumable peas and tapioca. Flour and pellets. Various oleaginous seed and fruit. Processed animal fodder. Fishmeal, coconut cakes, soya bean cakes, cotton seed cakes and rape seed cakes. Various fertilisers and potash fertiliser. Super and crude phosphate Salt, cement and mortar. Sphagnum. Wood, raw and roughly processed. Bricks and firebricks. Coke. Various articles of stone, cement and clay etc. Tiles, clay pipes and bricks. Rockwool.

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3.4.3. DKK 9,20 per ton.

Scrap metals. Base metal waste. 3.4.4. DKK 14,00 per ton.

Above rate includes commodities such as: Animal and vegetable fats and oils etc. Molasses, vinasses. Various products of coal. 3.4.5. DKK 14,40 per ton.

Above rate includes commodities such as: Various oil products, mineral oils and petrol. 3.4.6. DKK 550,00 per unit

Blades for windmills 3.4.7. DKK 160,00 per unit (with cargo)

Cargo in units such as: 20´/40´ containers. Trailers. Lorry + trailer. 3.4.8. DKK 14,80 per ton.

Above rate includes commodities such as: Iron, steel, tools, implements, cutlery etc. Various goods of metal base. Boilers and machines etc. Steel profiles, pipes and plates. Steel sections and ships. General cargo. Commodities not otherwise separately specified. 3.4.9. 2,75% of value

Fish and shellfish, direct from fishing grounds. Enquiries on above rates can be obtained from the Port of Aalborg Ltd.

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4. FRESH WATER Delivery of fresh water is done from hydrants placed along the quays. When delivering a minimum charge of 8m3 will be applied. For the supply of fresh water outside normal working hours, the Port Authority will charge a fee for calling-in of staff plus overtime. DKK Basic rate Per m3 53,00 Minimum rate 424,00 Overtime pay until 22:00 Per hour 185,00 Overtime there after Per hour 395,00 Calling-in fee (payable in connection with ordering of fresh water between 22:00 hours and 07:00 hours)

435,00

5. POWER SUPPLY Quay 3012 3013 4112 Switchboard 1 2 7

220V / 10A x x x 380V / 16A x x x 380V / 32A x 380V / 63A x 380V / 200A 380V / 250A The supply of current above 63A requires the assistance of an electrician. This is to be paid for by the user. When mobile switchboards are used in connection with the main board a double connection fee will be charged. Power supply exceeding 63A requires assistance of an electrician. This will be payable by the consumer. The Port does not supply connecting cables from the switchboard to the consumer.

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A: 220V - 380V 16A: DKK Connecting fee minimum 90,00 Connecting fee, up to15 days Per 24 hours 30,00 Connecting fee, after 15 days Per 24 hours 15,00 kWh Including government taxes and CO2 tax

Current price

B: 380V from 16A to 63A: DKK Connecting fee minimum 140,00 Connecting fee, up to15 days Per 24 hours 45,00 Connecting fee, after 15 days Per 24 hours 23,00 kWh including government taxes and CO2 tax

Current price

C: 380V over 63A: DKK Connecting fee minimum 215,00 Connecting fee, up to15 days Per 24 hours 68,00 Connecting fee, after 15 days Per 24 hours 34,00 kWh including government taxes and CO2 tax

Current price

Minimum basic fee (shipping dues not paid)

Plug in and out 515,00

The consumer is responsible for any injury, which, during the connection, may be caused to him or a third party, as well as any damage caused to the property of the Port Authority. Vessels not paying any shipping dues, will be charged a basic fee in addition to the minimum connection charged. If mobile switchboards are required the connecting fee is doubled. The Port Authority is not responsible for any disturbances of electricity supply. General liability conditions, see chapter 12 page 23.

6. DISPOSAL OF REFUSE FROM VESSELS 6.1. Statutory Basis By statutory Act of Parliament no. 929 of September 24th 2009 on the protection of the marine environment (The Marine Environment Act), and Executive Order 1632 of December 13th 2006; concerning the vessels delivery of refuse, the handling of refuse from vessels and port plans of

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reception; the Port Authority has established a reception system for solid and liquid refuse from vessels calling the Port of Aalborg. 6.2. Definitions

Operational waste: Any kind of waste, including sewage and other waste than cargo residues generated while operating the vessel. Cargo residues: Residues produced while discharging and cleaning the holds and tanks, including other remains from the cargo. Tank cleaning water and ballast water are included. Harbour fee: The amount normally paid for port calls. Payment for receipt of operational waste – in accordance with the Executive Order is included in the normal harbour fee, and in general, not related to the amount of/or kind of waste delivered. This principle is called ”No Special Fee” (NSF). 6.3. General Conditions Following types of operational waste can be received:

• Solid refuses. • Oleaginous refuses (see specification under 6.6.2.1). • Sewage.

Payment for receipt of operational waste is included in the normal harbour fee. However the Port is entitled to charge a separate payment if one or more of the following conditions is/are fulfilled: 6.3.1. If the quantity of operational waste intended for delivery exceeds the quantity of waste which, with consideration to the size and type of the vessel, the vessel would generate by normal operation since the latest port of call. 6.3.2. If delivery of waste is intended outside the normal working hours of the Port of Aalborg Ltd. 6.3.3. If no normal harbour fee is payable.

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6.3.4. If no waste notification formula has been submitted at least 24 hours before intended delivery. (See section below concerning waste notification). 6.4. Special Conditions for Delivery under ”NSF”.

• 8m³ of sewage are the maximum quantity that will be collected by a

mobile sludge pump or other mobile unit.

• The vessel must be equipped with a standard coupling and the delivery pump of the vessel must perform to the capacity of the reception unit.

• Oil and oleaginous mixtures must not contain other chemicals than

normal additives.

• In connection with regular liner traffic, terms to be agreed between the shipowner and the Port of Aalborg.

Attention must be drawn to the following:

• Delay, no matter for what reason ever, including appearance in vain or

delivery with no or lower pumping speed than 3m³ per hour, will be charged the vessel according to current rates.

• Cruise ships requiring such use of the reception system that, in

accordance with chapter 6, will not comply with the NSF conditions, must enter a special agreement before delivery.

• Additional payment for services in this respect, must be paid according

to the port rates in force. These rates to be found in the Port of Aalborg Ltd. “Business conditions”.

6.5. The Waste Notification The master of a vessel, planning to call the port, must fill in a ”waste notification” with information about the type and quantity of the waste. The notification form mentioned must be given to the Port 24 hours before intended delivery of the waste according to 6.3.4. In case of a vessel not being able to notify the Port 24 hours before intended delivery, the Port may accept to receive, if the reception not involves additional costs for the Port. Such additional costs will be charged for by the Port.

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6.6. Special Conditions for Individual Types of Waste.

6.6.1. Solid waste

The master of a vessel can require garbage containers with a capacity of 600 l. to be delivered to the vessels berth, preferable within the normal port working hours, however, in special circumstances, in the judgement of the port authority, receptacles may be delivered at other times. The containers are designed only to receive galley garbage and other environmentally safe garbage. Large quantities of operational waste as well as chemicals of any kind must not be deposited in these containers. 6.6.2. Liquid waste

6.6.2.1. Oil residues and oleaginous mixtures

Oil sludge, used lubricating oil, oleaginous mixtures from engine room gutters, and similar oil residues can be delivered. Oil refuse will be collected at the quayside by mobile sludge pump. Oleaginous mixtures that contain emulsifying additives preventing the separation into oil and water, will not be received. For collection of not pumpable residues in approved drums, containers etc., the port will charge a special fee for cleaning and potential destruction. Special fee will be charged, for collection of quantities less than 2m³. 6.6.2.2. Sewage

Sewage will be taken at the quayside by mobile sludge pump; alternatively vessels can be directed to quays equipped with the sewage system. The capacity of vessels delivery pump shall be stated within the notification. Special fee will be charged for collection of sewage in quantities less than 2m³. 6.7. Chemical waste

For collection, a special fee will be charged. Collection only after approval from the Port Authority.

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6.8. Cargo Residues

For collection and handling of cargo residues, the vessel will be charged according to the valid rates set by the Port of Aalborg. If the rate for the actual service is not stated in the “Business conditions”, the total cost of the service + 15 percent will be charged the vessel. 6.9. Other Conditions

6.9.1. Oil waste, ballast and tank cleaning water that for example contains chemicals, ”class” 1, “class 2” or emulsifying substances will not be received. 6.9.2. Companies repairing ships, companies dealing with touring boats and companies who are operating harbour towage, are committed to establish their own facilities and pay all expenses in this respect. 6.9.3. Companies who are importing and exporting oil products or hazardous bulk cargo, are committed to establish their own reception facilities, also including the reception of oil – or chemical mixed ballast and tank cleaning water. 6.10. Liability 6.10.1. The ship owners are liable for the consequences of wrong, misleading or lacking information from the master of a vessel about the type and composition of waste, leakage caused by the vessels own defective materiel (e.g. couplings or receptacles) or incorrect operation of the vessels equipment during delivery. This liability also includes damage caused to third party 6.10.2. The Board of the Port of Aalborg Ltd. is responsible for preparation of the waste handling plan and the regulations for the reception system. The Harbour Master of the Port of Aalborg is responsible for the implementation and maintenance of the plan.

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6.11. Requisition Enquiries and requisitions concerning the reception system to be directed to the Port of Aalborg Ltd., the Traffic Department (24 hours watch) Phone: (+45) 99301520 Telefax: (+45) 99301515 Email: trafik@aalborghavn.dk Report of insufficient capacity to be forwarded to: The Port Board Port of Aalborg Ltd. Langerak 19 DK-9220 Aalborg East Report form can be obtained from the Traffic Department. SOLID REFUSE Refuse container of 600 l each DKK 890,00 Larger units Actual cost + 15% Chemicals Actual cost + 15% Oil residues etc. Oil residues with mobile sludge pump Per m3 DKK 830,00 Oil residues with mobile sludge pump minimum DKK 1.660,00 Drums Actual cost + 15%

Sewage

Via Standard flange coupling Actual cost + 15% Mud Mobile pump Per m3 DKK 830,00 Mud Mobile pump minimum DKK 1.660,00 Bulk liquids Residues Actual cost + 15%

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7. TEMPORARY STORAGE OF GOODS ETC. 7.1. General Conditions

The storage of goods etc. is to be carried out in accordance with the instructions of the Port Authority. In connection with storage, the nature of the goods, quantity and any IMDG classification shall be stated. Ownership of the goods shall also be stated. The Port of Aalborg is not liable for any cargo, containers, machines and equipment which are stored within the Port Area. The Port of Aalborg is not liable for any damage that stored cargo within the Port Area may cause a third party.

7.2. Storage of Goods 7.2.1. If, in the opinion of the Port Authority, there is space available, export goods being assembled with a view to later loading on board a vessel may be stored free near the quay for one week before space rental is payable. 7.2.2. If, in the opinion of the Port Authority, there is space available, import goods from vessels may be stored free on sites near the quay for one week after unloading. 7.2.3. By special permission, non-ship goods, i.e. goods not subject to rates on goods, may be stored on a weekly rental basis but without any rent-free period. 7.2.4. Goods etc. may be stored on a monthly rental basis on sites further away from the quays. 7.2.5. The placing of mobile huts and building site equipment or similar, shall be paid on a commenced monthly rental basis, otherwise by special arrangement.

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7.3. Special Conditions for Storage etc.

Stored goods shall be marked with owner’s name and date of depositing. Any goods which have been stored for at least one week close to quay may be required to be removed with one week’s notice. Goods stored further away from the quay may be required to be removed with one month’s notice. Failure to comply with the time limit for removal of such goods will give the Port Authority the right to have the goods moved or removed at owner’s expense and risk. Quays and quay roads must not be overloaded. The maximum permissible load is 2t/square metre. The quay areas up to 3 metres from the quay edge must be kept free of bulk articles. The storage of bulk goods involving risk of dust nuisance will be subject to the following extra requirements: Bulk goods shall be removed as soon as possible after completion of unloading. When such goods are to be loaded, they may be stored on the quay no longer than 48 hours before commencement of loading. If bulk goods lie for more than 48 hours after unloading, the Port Authority is entitled to spray them with fresh water once every twenty-four hours at goods owner’s expense if, in the opinion of the Port Authority, There is a risk of dust nuisance. If there is a strong wind at the time of loading and unloading, and the Port Authority deems there may be a risk of dust nuisance to neighbours, an immediate spraying at goods owners’ expense will be initiated. During especially unfavourable weather conditions, the Port Authority may stop the unloading/loading. 7.4. Temporary site rental

DKK Import and export goods Per m2 week 2,30 Non-ship goods Per m2 week 2,60 Monthly rental, paved Per m2 month 6,05 Monthly rental, unpaved Per m2 month 3,35 Projectsite <200 m to quay Per m2 month 12,10

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7.5. Trailerparking

We can advise areas for “trailerparking”. Gravelarea without illumination Pr. space/month DKK. 205,00 Long combination vehicle Pr. space/month DKK. 328,00 on cover and with illumination Port of Aalborg Ltd will assign and reserve the space.

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8. CLEANING OF AREAS 8.1. Cleaning of Areas

According to the “Standard Regulations for Danish Traffic Harbours”, owners of cargoes or their authorized representatives are to ensure that quay areas used, warehouse areas etc. are cleaned after the conclusion of loading/unloading operations. Furthermore, hoppers and conveyor belts must be cleaned after use. Spillage from loading/unloading must be placed in containers or removed by mechanical sweepers and deposited on approved waste dumps. Alternatively, spillage can be collected and used by the owner of the cargo. 8.2. Liability Owners of cargoes or their authorized representatives are responsible for the cleaning mentioned above and for expenses connected hereby. Stevedore companies are particularly asked to inform their customers about the responsibility and costs connected with cleaning. When a berth and cranes are ordered, the Port Authority shall also be informed which company will be responsible for cleaning, or whether the Port Authority itself shall undertake cleaning against payment. 8.3. Supervision

The Port Authority supervises the carrying out of the above regulations. During especially unfavourable weather conditions when, in the opinion of the Port Authority, it would not be possible to load/unload bulk goods without causing considerable dust nuisance to immediate neighbours, loading/unloading will be stopped.

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9. VETERINARIAN BORDER INSPECTION The Port of Aalborg has according to Executive Order 69 of January 22nd 2010, reached an agreement with the Danish Veterinary and Food Administration to operate the local veterinary border inspection post (BIP). The BIP centre is located in the East Harbour at the following addresses:

• Inspection of frozen food: Lilledybet 8.

• Inspection of all other products: The Greenland Harbour, warehouse E2. (Non-consume products and refrigerated consume products).

The veterinary inspection is done by the Danish Veterinary and Food Administration, Region “Nordjylland”, who is charging for the veterinary inspection. For using the facilities of the BIP centre, a fee will be charged. The mentioned fee is in accordance with the mentioned Executive Order and the agreement with the Danish Veterinary and Food Administration. Veterinary Inspection DKK Total cargo in containers Per unit 335,00 General cargo/ other cargo categories

Per ton (min. DKK 200,00)

23,00

All shipments less than 50 kg. are exempted from the veterinary facility fee.

Shipments must not be split into smaller lots to avoid this fee. For detained cargo a special storage fee will be charged.

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10. DUES INFRASTRUCTURE 10.1. The use of Railway tracks

For every railway wagon using rail tracks in the Port of Aalborg, whether port tracks or other tracks, fees shall be paid to the Port Authority, on loading or unloading, if the cargo has not previously been the subject of goods rates to the Port Authority. The fees paid by the consignee (consignor) will serve in part to cover the cost to the Port Authority of track maintenance etc. The consignee /consignor are responsible for informing the Port Authority immediately following the passage on the tracks of the wagon(S) concerned. Breach of these regulations may result in loss of the right by the consignee (consignor) to receive wagons on the port tracks. RAILWAY TRACKS Railway wagons Per unit DKK 280,00

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11. VARIOUS EQUIPMENT Use and leasing of Port Authority vehicles, vessels and equipment. The Port of Aalborg has a wide range of vehicles, vessels and tools available. This material is available for leasing. Please contact the Port of Aalborg Ltd. Basin space occupation By agreement Pleasure crafts DKK Berth with contract Per m2 Per year 168,00 Visiting only less 10 m Per 24 hours 135,00 Visiting only over 10 m Per 24 hours 165,00 Warehouse at the Grain Terminal

Use of warehouse DKK 0.80/m2 per calendar day Use under 50% (608 m²) Minimum half building Use over 50% (1216 m²) minimum whole building Sites

New site leases. Site LocatiLocation m2/year class (1) (2)

DKK DKK 1 Central Harbour, near to quay 36,67 56,64 2 Central Harbour, second row 32,83 50,81 3 East Harbour, north of Langerak 28,16 46,14 4 East Harbour, south of Langerak 20,25 38,23

(1) Port-related activities. (2) Non-port-related activities.

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12. LIABILITY CLAUSE Provided proved that the Port of Aalborg (henceforth called the Port) has, due to neglect or default, caused damage to materials or persons, the liability of the Port is limited. In addition to what is specific stated in this chapter, DHAB 2007 (the General Conditions for Danish Port Companies) shall be in force for all cargo handling where the Port of Aalborg is acting as operator. In case of damage on or loss of goods the compensation shall be fixed on the basis of the goods value of similar kind of goods at the time where the damage is noted. The value of the goods is to be fixed according to the market price. If no market price exists, the price shall be calculated according to the customary value of goods of the similar kind and quality. The liability of the Port cannot exceed SDR 667 per package or other unit of the goods, or SDR 2 per kilogram gross weight of the goods lost or damaged, depending on which is the higher one. For containers or similar transportation units carrying cargo, the indemnity cannot exceed SDR 10,000 per unit. The cargo information stated in the shipping documents must be entered in the above mentioned damage calculations. The Port of Aalborg is not liable for those in nautical charts and publications within the Port Area and in the Fairways stated depths. The Port of Aalborg is not liable for Buoys and Beacons operating and being in position, within the Port Area and in the Fairways. The total liability imposed on the Port cannot, in any case, exceed a total upper liability limit of DKK one million. Mentioned upper limit of liability applies to the sum of all claims arising from the one and same incident. The Port is under no circumstances liable for indirect losses i.e. loss of time, loss of consequence or sequential damages. The Port is only, as a consequence of the above, liable for neglect or default made by the employees of the Port.

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The employees of the Port are subject to the same objections and liability limitations as the Port itself. The company that insures the Port against claims under this liability clause, shall be entitled to the same liability limitations as the Port itself. The SDR to be the unit of calculation stated in the Danish Maritime Act. Chapter 7, § 152, part 2. Conversion of SDR into Danish currency to be according to the rate of exchange on the very day where a letter of guarantee will be issued, or if no guarantee is presented, then on the date of payment.

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