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LD Commodities Port Allen Export Elevator, LLC

Grain Tariff #1

Rates, Rules and Regulations Governing the

LD Commodities Port Allen Export Elevator, LLC Port Allen, Louisiana

Issued: October 27, 2011 Revised: October 9, 2013

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Table of Contents

Section I – General Terms and Conditions Item No. 1 – Description of Facilities ……………………………………………………… 4 Item No. 2 – Ownership of the Elevator ………………………………………………….. 5 Item No. 3 – Grain ………………………………………………………………………….. 5 Item No. 4 – Application of Tariff …………………………………………………………. 5 Item No. 5 – Responsibility for Loss ……………………………………………………… 6 Item No. 6 – Receipt of Grain …………………………………………………………….. 6 Item No. 7 – Insurance ……………………………………………………………………. 7 Item No. 8 – Sampling and Inspection …………………………………………………… 7 Item No. 9 – Weighing …………………………………………………………………….. 7 Item No. 10 – Sequence of Unloading …………………………………………………… 8 Item No. 11 – Storage and Binning/Shrink ………………………………………………. 8 Item No. 12 – Handling of Meal, Pellets, Misc. Products ………………………………. 8 Item No. 13 – Transferring, Turning, Fumigation and Cleaning of Grain in Storage … 8 Item No. 14 – Infested Grain ………………………………………………………………. 8 Item No. 15 – Unmerchantable or Out of Condition Grain ……………………………... 9 Item No. 16 – Warehouse Receipts ………………………………………………………. 9 Item No. 17 – Payment of Charges ………………………………………………………. 9 Item No. 18 – Owner’s Liability …………………………………………………………..... 9 Item No. 19 – Liability for Property Damage ……………………………………………… 9 Item No. 20 – Elevator Holidays …………………………………………………………… 10 Item No. 21 – Elevator Straight Time Hours ……………………………………………… 10 Item No. 22 – Elevator Overtime Hours …………………………………………………… 10 Section II – Vessel Terms and Conditions Item No. 1 – Definition of Vessel ………………………………………………………….. 10 Item No. 2 – Berth Application/Vessel Requirements ……………………………….….. 11 Item No. 3 – Availability to Load …………………………………………………………... 12 Item No. 4 – Payment of Charges Due/Prepayment ……………………………………. 13 Item No. 5 – Tug Assistance ……………………………………………………………….. 13 Item No. 6 – Loading Rotation ……………………………………………………….......... 14 Item No. 7 – Reinspection/Certificates/Suitability to Load ………………………………. 14 Item No. 8 – Vessel Overtime Work ………………………………………………............ 14 Item No. 9 – Liability and Indemnification ………………………………………………… 14 Item No. 10 – Notice to Vacate the Berth/Liquidated Damages ……………………….. 14 Item No. 11 – Strikes ………………………………………………………………….......... 15 Item No. 12 – Loading ………………………………………………………………………. 15 Item No. 13 – Repair Work …………………………………………………………………. 16 Item No. 14 – Bunkering and Supplies ……………………………………………………. 16 Item No. 15 – Loading Delays ……………………………………………………………… 16 Item No. 16 – Shifting …………………………………………………………………..…… 17 Item No. 17 – Stevedoring ……………………………………………………………..…… 17 Item No. 18 – Fitting Operations ………………………………………………………....... 18 Item No. 19 – Dust Reducing Tarpaulins …………………………………………….…… 18 Item No. 20 – Recording of Weather ………………………………………………………. 18 Item No. 21 – Blowing Tubes ...………………………………………………………........ 18 Item No. 22 – Gangway ………………………………………………………………..…... 18 Item No. 23 – Pontoons …………………………………………………………………….. 18 Item No. 24 – Loading Restrictions …………………………………………………...…… 18 Section III – Barge Unloading Item No. 1 – Application of Tariff to Barges …………………………………………….... 19 Item No. 2 – Barge Condition ……………………………………………………………… 19 Item No. 3 – Overfilled Barges ………………………………………………………...….. 19 Item No. 4 – Cover Lifting Devices ………………………………………………………… 19

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Table of Contents Continued Item No. 5 – Barge Cover Fee …………………………………………………………….. 19 Item No. 6 – Barge Weighing Fee ………………………………………………………… 19 Section IV – Rates and Charges for Receiving & Shipping/Misc. Rates Item No. 1 – Receiving/Delivering/Weighing of Grain ………………………………....... 19 Item No. 2 – Grain Storage ………………………………………………………………… 20 Item No. 3 – Treating, Cleaning and Turning ……………………………………..……… 20 Item No. 4 – Minimum Elevator Call-Out …………………………………………………. 20 Item No. 5 – Overtime ………………………………………………………………..…….. 20 Item No. 6 – Dockage ………………………………………………………………..…….. 20 Item No. 7 – Portable Water for Ocean Vessels …………………………………..……. 21 Item No. 8 – Tug Terms for Ocean Vessel …………………………………………..….. 21 Item No. 9 – Vessel Mooring ………………………………………………………….….. 22 Item No. 10 – Standby Time/Dead Berth …………………………………………….…... 22 Item No. 11 – Stevedoring Rates ………………………………………………………..... 22 Item No. 12 – Facility Use Charge ………………………………………………………... 23

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Section I – General Terms and Conditions Item No. 1 – Description of Facilities

Elevator Location: 520 Elevator Road Port Allen, LA 70767

Elevator Storage Capacity: 6.9 million bushels of federally licensed grain

storage. (Additional storage space of 2.0 million bushels presently under construction-available in 2014)

Rail Facilities: Not Available At This Time.

Unloading: Not Available At This Time. (Rail)

Loading: Not Available At This Time. (Rail)

Truck Facilities: The Elevator has a parking area with a capacity of approximately 120 trucks. Unloading: Two (2) covered hydraulic lift truck

dumps with a capacity of twenty-four (24) trucks per hour.

The Elevator can unload trucks with a maximum length of sixty (60) feet from front axle to rear axle. Loading: One (1) loading spout with a capacity of

4,000 bushels per hour. The Elevator is able to load open-top Trucks.

Vessel Facilities: The Elevator is located on the West Bank of

the Mississippi River in the Port of Greater Baton Rouge (PGBR) at River Mile 229. The water depth at the elevator berth is consistent with the project depth of the Mississippi River. Water is fresh.

Berth: The Elevator berth is approximately 600 ft long

but will accommodate vessels up to as long as 760ft. Larger vessels may be accepted by special arrangements with the Elevator Superintendent.

Loading: The Elevator can load approximately

100,000 bushels (2,540 metric tons) per hour through three (3) fully automated spouts.

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Unloading: There are no facilities at the Elevator for the discharge of ocean vessels.

Barge Facilities:

Unloading: The Elevator can unload approximately 20 standard size river barges per day at a rate of 80,000 bushels per hour (2032 Metric Tons).

Loading: Barges can be loaded by same means as

vessel loading.

Item No. 2 – Ownership of the Elevator The facility is owned by the Port of Greater Baton Rouge (PBGR). LD Commodities Port Allen Export Elevator, LLC (LDPA) assumed operations of the facility via a long term lease agreement on July 16, 2011. Subsequently, the Elevator and Berth have undergone major and/or complete renovation. Item No. 3 – Grain The term “grain” when used in this Tariff shall mean all commodities defined as grain, except for sunflowers, in the regulations promulgated by the Secretary of Agriculture under the United States Warehouse Act.

Rates quoted in this Tariff apply only to wheat, corn, grain sorghum and

soybeans. Rates for handling, storage and/or treating of other commodities will be supplied by LDPA upon request. Item No. 4 – Application of Tariff A.) This Tariff published and filed by LDPA in accordance with all legal

requirements constitutes due notice to the public, to shippers, and to all individuals, including vessel owners and/or managers and/or private carriers or business entities, including all barges, trucks, railroad cars, vessels, watercraft or other means of conveyance and/or equipment used by said individuals or business entities, which utilize the facilities and/or services of the LDPA elevator facility (hereinafter collectively “Users”) that the rates, charges, rules and regulations apply to all general traffic without specific notice, quotation, to or arrangement with Users (excepting as otherwise specified herein).

B.) The rates, rules, and regulations contained in this Tariff shall apply equally to all Users of the Elevator and grain shall be received, stored, shipped, and handled subject to the provisions of this Tariff.

C.) LDPA may enter into written contracts with the United States of America or

any agency thereof, providing for storage and service at rates other than the rates provided herein. This shall be only applicable to grain, or a commodity defined in any such contract as grain, in which the United States of America, or the agency thereof contracting with LDPA, has an interest.

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D.) LDPA may enter into a written contract with any person, firm, corporation, or entity on terms and conditions for storage and service charges other than those set forth in this Tariff, provided that such person, firm, corporation, or entity makes certain guarantees with respect to volume or otherwise. LDPA will enter in similar contracts on an equal basis with any other person, firm, corporation, or entity subject to the handling capacity of the Elevator.

E.) LDPA will undertake to furnish all services and/or facilities specified in this Tariff with reasonable promptness.

F.) In the event that any item or circumstance arises that is not addressed in the

LDPA Grain Tariff, the terms of the PGBR Tariff #1 will be applicable.

G). A security surcharge may be assessed against and collected from all vessels and barges and cargo interests utilizing services or facilities at LDPA in accordance with the notice filed with the Federal Maritime, Commissioned by the Gulf Seaports Marine Terminal Conference. The security surcharge is assessed to recover costs incurred for security assessments, security plans, equipment purchases, installation, maintenance and staffing required to implement and maintain surveillance and access controls mandated by the Maritime Transportation Security Act of 2002 and U.S. Coast Guard regulation 33 CFR 105. The security surcharge may be assessed against vessels as a percentage of the total dockage charged and/or as a tonnage fee against cargo. The rates for these security fees will be those published in the PGRB Tariff #1. These fees will be collected by LDPA or PGRB by direct invoicing to the vessel’s agent.

Item No. 5 – Responsibility for Loss

LDPA will not be responsible for any loss or damage to grain while in storage or being handled from any cause whatsoever, including but not limited to, flood, frost, heating, dampness, leakage, the elements, evaporation, natural shrinkage, wastage or decay, animals, birds, rodents, insects, leakage or discharge from sprinklers or fire protection systems, collapse of buildings or structures, breakdown of plant, machinery or equipment, or by floats, bumpers, or any other apparatus utilized in breasting vessels away from the wharf.

LDPA shall not be responsible for any loss, damage or delay arising from war, insurrection, Acts of God, shortage of labor, riots or strikes of any persons in its employ or in the service of others or from any consequence arising therefrom, or from any cause not reasonably within its control, except where such loss or damage is solely a result of negligence on the part of LDPA.

LDPA shall not be responsible for any special or consequential damages

suffered by any party including, but not limited to, demurrage, detention, loss of despatch time, or inability to fulfill contracts with third parties. Item No. 6 – Receipt of Grain All grain will be received, stored, handled, and loaded into the Elevator subject to the rules, conditions and charges provided in this Tariff. All rates and

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charges published in this Tariff apply to work performed on a straight time basis. Overtime work will only be performed as hereinafter provided.

All grain received is considered to be deposited for storage in accordance

with the U.S. Warehouse Act, unless the owner of the grain or his agent has an alternative agreement in place with LDPA prior to grain arriving. This Tariff is subject to the regulations for a Grain Warehouseman promulgated by the Secretary of Agriculture under and pursuant to the U.S. Warehouse Act.

Item No. 7 – Insurance LDPA will provide fire and extended coverage insurance for the market value of grain stored in the Elevator and in railroad cars on railroad tracks adjacent to and within one hundred yards of the Elevator. The cost of such insurance is included in the rate for receiving and shipping of grain as enumerated in Section IV, Item No. 1. This insurance coverage shall not include any freight, demurrage, storage or other charges that may have accrued prior to or subsequent to the date of unloading of the grain. Item No. 8 – Sampling and Inspection All grain received into the Elevator must be sampled and inspected before or while being received into the Elevator. Such sampling and inspection must be performed by representatives of the USDA or by a private inspection agency designated by LDPA. All grain being loaded out of the Elevator for export must be sampled and inspected by representatives of the USDA.

All grain being loaded from the Elevator for domestic trade must be

graded by the USDA or by a private inspection agency designated by LDPA. All fees for sampling and inspection are in addition to the charges

specified in this Tariff and may be assessed directly against the owner of the grain, but if such charges are assessed to or directly paid by LDPA, such payment shall be for the account of the owner of the grain, unless otherwise agreed in advance with the Elevator Superintendent. Item No. 9 – Weighing All grain being received or loaded out of the Elevator must be weighed by a federally licensed weigher on scales which are officially approved by the USDA. All meals and other processed products or by-products received and/or loaded from the Elevator shall be weighed by USDA supervision and/or by a private inspection agency approved by LDPA as necessary for regulatory compliance. All fees for weighing are in addition to the charges specified in this Tariff and may be assessed directly against the owner of the grain/product, but if such charges are assessed to or directly paid by LDPA, such payment shall be for the account of the owner of the grain. Please refer to Section IV, Item No. 1 of this Tariff for weighing charges.

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Item No. 10 – Sequence of Unloading To the extent practical, all rail cars, trucks, and barges will be unloaded in the order in which they arrive at the Elevator, or Elevator’s designated fleeting service. However, LDPA reserves the right to alter the unloading sequence at any time when, at LDPA’s sole discretion, such alteration would be in the best interest of the Elevator’s efficient operation. Item No. 11 – Storage and Binning/Shrink In the absence of specific instructions for special binning, grain will be commingled in bins containing the same kind and grade of grain regardless of ownership.

Upon request by the owner of the grain, LDPA may agree to store grain in special bins (“Identity Preserved”). In such case, charges, which are negotiated between LDPA and the owner of the grain, will apply rather than the standard Tariff storage charges. The grain depositor acknowledges that minimal weight losses arise from the handling process (shrink) and that such loss, not exceeding .25% of the total weighed volume received shall be deducted from the official or certified weights and such loss is for the account of the owner of the grain. Item No. 12 – Handling of Meal, Pellets, Misc. Products Meal, pellets and miscellaneous products will ordinarily be handled only for direct transfer to vessel, all loss or shrinkage in handling will be for the account of the depositor or product owner. These products are handled by special arrangement only and rates are negotiable. Item No. 13 – Transferring, Turning, Fumigation and Cleaning of Grain in Storage The transferring, turning, or cleaning of grain will be performed when requested by the owner of the grain and agreed to by LDPA, or as deemed necessary by LDPA in order to exercise prudent care of the grain without prior knowledge or consent of the owner of the grain, at the rates specified in this Tariff. All expenses of such operations are for the account of the owner of the grain. Any shrinkage or loss in weight, protein or grade resulting from transferring, turning, or cleaning of grain shall be borne by the owner of the grain. Additional shrinkage beyond .25% may occur from turning of the grain. LDPA will not be responsible for any additional shrinkage which results from multiple elevations of the grain. Item No. 14 – Infested Grain

LDPA reserves the right to refuse to accept or unload grain infested by insects until such grain is fumigated to the satisfaction of LDPA. Fumigation of infested grain in the Elevator can be performed when requested by the owner of the grain and agreed to by LDPA, or as deemed necessary by LDPA in order to exercise prudent care of the grain without prior

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knowledge or consent of the owner of the grain. LDPA reserves the right to require in house fumigation of stored grain. All expenses of such fumigation shall be for the account of the owner of the grain. Item No. 15 – Unmerchantable or Out of Condition Grain LDPA reserves the right to refuse any grain, which, in its judgment, is unmerchantable or unfit to be received and stored in the Elevator. If LDPA elects to receive such unmerchantable or unfit grain into the Elevator, all charges shall be established by LDPA taking the actual condition of the grain into account.

If any grain becomes infested or otherwise goes out of condition or is in

imminent danger of going out of condition, while in store, LDPA reserves the right to terminate storage and to order the removal of such grain. If such grain is not removed within the time specified in the Notice to Remove, LDPA shall have the right to remove and dispose of such grain at the expense of the owner of the grain. Item No 16 – Warehouse Receipts Warehouse receipts will be issued, upon request, at the time the grain is received. Grain will be delivered from the Elevator only upon written instructions from the owner of the grain, surrender of the warehouse receipt(s), proper endorsements, and payment of all accrued charges on the grain. Item No. 17 – Payment of Charges All invoices issued by the LDPA are due and payable upon presentation to vessels, vessel agents, or any other firms, persons or entities utilizing LDPA. Any invoice issued by LDPA, which is unpaid thirty (30) days from the date the invoice was issued, shall be considered to be delinquent. Any invoices that are or become delinquent on or after thirty (30) days will be assessed an interest charge of twelve (12%) percent per annum of the amount of the invoice and shall be due from the date of delinquency until paid. Such interest charges shall be calculated on a per annum basis of three hundred sixty five (365) days. Item No. 18 – Owner’s Liability

All grain, from the time it is received into the Elevator until it is delivered therefrom, is placed in the Elevator at the owner’s risk of depreciation in quality and loss in weight from any causes whatsoever that could not have been avoided by reasonable care by LDPA. Item No. 19 – Liability for Property Damage All Users of the LDPA facility shall be held responsible for any and all damage to the LDPA property and equipment. Any such damage shall be repaired and the costs of such repairs shall be for the account of the person and/or entity responsible for the damage.

Repairs may be made by contract, in which instance the actual cost to LDPA will be invoiced to the person/party from which the damages have stemmed. For repairs performed by LDPA, the cost of labor and materials plus twenty (20) percent will be invoiced to person/party from which the damages have stemmed.

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Item No. 20 – Elevator Holidays With regard to this Tariff, the following days shall be designated as holidays: New Year’s Eve Day Labor Day New Year’s Day Columbus Day Martin Luther King Day Veterans Day President’s Day Thanksgiving Day Good Friday Day following Thanksgiving Easter Sunday Christmas Eve Day Memorial Day Christmas Day Independence Day All Saints Day (Nov. 1) Mardi Gras (Tue. before Ash Wed.)

If a holiday occurs on a Saturday, the preceding Friday shall be observed as the holiday. If a holiday occurs on a Sunday, the following Monday shall be observed as the holiday.

Item No 21 – Elevator Straight Time Hours Straight time hours are 0700 hours to 1200 hours and 1300 hours to 1600 hours, Monday through Friday, holidays excluded. Item No. 22 – Elevator Overtime Hours Overtime shall be considered to be any hours per day in excess of 8 hours on Weekdays (Mon-Fri), Saturdays, Sundays and holidays as defined herein, Section I, Item No. 20.

If labor is called for an overtime period, there will be a four (4) hour minimum elevator work guarantee for each ordering period.

Whenever, in LDPA’s judgment, it shall be deemed necessary to perform

any services or operations on overtime, LDPA reserves the right to perform such services or operations and all costs for such shall be for the account of the owner of the grain being handled during the overtime period/hours.

LDPA reserves the right to refuse to work any/and all overtime work

requested by grain owners and Users of the facility. Section II – Vessel Terms and Conditions Item No 1 - Definition of Vessel

Wherever the word “vessel” appears in this Tariff, it shall mean only a dry cargo self-trimming bulk carrier of a type customarily engaged in the carriage of grain. Other types of vessels will only be accepted for loading at the discretion of LDPA and under such terms, conditions, and rates as are negotiated in each situation and in advance of the vessels arrival.

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Item No. 2 – Berth Application/Vessel Requirements Prior to occupying the berth at the Elevator, the vessel must apply to LDPA to receive permission to occupy the berth. Such acceptance will be granted when all of the conditions noted in this Item (Section II, Item No. 2) have been met. The filing of The Berth Application and or documents shall constitute an agreement that the Master, owner’s agent, operator or other duly authorized representative of the vessel shall acknowledge by signature on a Mates Receipt the quantity of grain received onto the vessel following the completion of loading. There shall be no clause or qualifications noted on the Mates Receipt whatsoever. The filing of a Berth Application shall constitute a contract between LDPA and the vessel and/or its owners and/or its agents confirming their agreement to abide by the rules, regulations and rates of this Tariff.

Any ship or barge, its owner’s or charterer’s, failing to timely vacate the elevator berth when so ordered shall be subject to payment of a “Dead Berth” charge as noted in Section IV, Item No. 10 of this Tariff. Vessels shall be assigned the berth, or placed in the Elevator line-up, for the purpose of loading grain in a successive order once the provisions below have been satisfied and the noted items received by the Elevator. Any vessel desiring to berth at LDPA will be required to anchor at the closest available anchorage to LDPA when space is available. In the event a vessel fails to comply with this requirement and another vessel or vessels, although filed later, are anchored at an anchorage closer to LDPA than the subject vessel, LDPA may, at its sole discretion, bypass the vessel for another vessel positioned closer to LDPA when in any loss of berth time may be avoided. LDPA will only accept vessel fillings and Berth Applications from vessels positioned at or “above” (upstream) of White Castle Anchorage.

Any vessel filing a berth application with the Elevator certifies by their filing that the vessel will meet Elevator Air Draft requirements which LDPA will provide to vessel agent prior to arrival.

All documents below must be delivered in person to the LDPA Operations

Office located at the Port of Greater Baton Rouge, 520 Elevator Rd, Port Allen, La. during office hours of 8am – 4pm Monday through Friday, holidays excluded, and 8am to 12 noon on Saturdays.

(A.)A properly completed LDPA Berth Application, as provided by and filed with LDPA, along with appropriate advance funds as determined by the LDPA Superintendent.

(B.)A National Cargo Bureau Certificate of Readiness indicating that all vessel holds to be loaded have been prepared in accordance with the Regulations of the United States Coast Guard and the Code of Federal

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Regulations as applicable, and in accordance with the recommendations of National Cargo Bureau, Inc.

(C.)A formal USDA Stowage Examination Certificate issued via personnel from the Destrehan Field Office indicating that the holds in which grain is to be loaded are found to be substantially clean, dry, free of insect infestation, and suitable to maintain the quality of the grain.

(D.)Evidence that the vessel has been entered at the United States Customs House.

(E.)Evidence that the vessel has been tendered to and accepted by the charterer or his agent.

(F.)The tendering of a Notice of Readiness (NOR) to LDPA, or LDPA’s designated representative.

(G.)A copy of the vessel stowage plan issued by the Vessels Master (H.)Any other documentation or information that may be required by law, custom, regulation or elevator rules and/or requested by the LDPA.

Item No. 3 – Availability to Load

After being accepted into the Elevator loading line-up, or during the course of loading, the Vessel shall maintain in a “current” status, without lapses, all of the mentioned items in Section II, Item No. 2, A through H (above). Failure to maintain this status may result in the Berth Application and NOR being canceled, and the vessel subsequently being ordered to vacate the berth or lose its position in the loading rotation.

After filing at the Elevator, the vessel must inform Elevator Management immediately if any event renders the vessel not fully ready to load or which would prohibit or interfere with the vessels’ shift into the Elevator berth. This shall include, but is not limited to, bunkering, repairing, U.S. Coast Guard restrictions, etc. Should the vessel fail to notify Elevator Management of such condition, and the vessel is not able to come to berth when called, Elevator Management, in its sole discretion, may change the vessel’s position in the loading rotation, cancel its filing, suspend lay time and/or impose a Dead Berth Charge (Section IV, Item No. 10) to the vessel.

Elevator Management must be informed if any vessel is under any restrictions including the control or arrest by the U.S. Coast Guard or any other government entity while berthed at the elevator or accepted into the elevator line-up. Depending on circumstances, LDPA may not consider the vessel load ready in all respects and may suspend vessel laytime, cancel the Berth Application and/or NOR, and/or alter the vessel’s position in the loading rotation. Elevator Management will be the sole judge of the course of action to be pursued.

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Item No. 4 – Payment of Charges Due/Pre-Payment LDPA reserves the right to demand payment in advance for charges of

services to be rendered by LDPA and its designates. Pre-payments should be deposited with the Elevator Management twenty-four (24) hours prior to berthing of the vessel. The sum of such payment shall be determined by the Elevator Management for estimated services including, but not limited to, dockage, stevedoring, line handling, tug service, or other charges that occur in accordance with the terms of this Tariff. If such prior deposit is not made, the Elevator Management reserves the right to bypass vessel with the next available vessel. Any vessel not providing such pre-payment shall not be considered as filed and the berth will be refused with laytime suspended.

Notwithstanding the pre-payment and original calculation of estimated charges, LDPA reserves the right to recalculate the pre-payment estimate in the event the charges incurred may overrun the original estimate. The additional moneys required must be deposited at least four (4) hours prior to the estimated time of vessel completion or Elevator Management may immediately cease loading and suspend running of laytime and order the vessel to vacate berth with all costs and expense incurred to be for the account of vessel owner/agent until such time as said additional payment is received. All charges in excess of prior deposits are refundable within a reasonable time after completion vessel loading and the computation of the related charges.

The elevator reserves the right to deny use of the facility to users failing to comply with pre-payment requirements. A vessel will not be allowed to berth at any Louis Dreyfus Commodities (LDC) facility if there is an outstanding payable in excess of sixty (60) days due LDC from the agent of record, owners or charters agent, or from the vessel due to a previous docking of the vessel at LDPA or any LDC facility. Any and all expense stemming from lack of payment of money due LDC shall be for the account of the party refusing to settle payment with LDPA/LDC. These expenses shall include, but not be limited to, loss of vessel dispatch, vessel demurrage, any owner/s and/or charter/s claims, barge demurrage, plant downtime expense, liquidated damages, attorney fees, and collection fees.

The responsibility for the payment of all charges shall be that of the local agent of record for the vessel. If any agent of record has an outstanding balance due LDC and/or LDPA, LDPA has the right to off-set future refunds due that agent. Item No. 5 – Tug Assistance

All vessels docking or undocking at the Elevator shall be required to use tug assistance. LDPA will designate a tug operator to be utilized for vessels arriving and departing from the LDPA berth. Only this “Designated Tug Operator” may provide tug service to vessels, approaching or departing LDPA. This applies to movement to and from anchorages and lay berths and any other tug services required by the Elevator or vessel while in the LDPA berth. Any and all tug expenses are for the vessel’s account and will be invoiced by LDPA to the vessel agent.

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Item No. 6 – Loading Rotation All vessels shall be loaded in the successive order in which they have filed

a Berth Application with LDPA. However, LDPA, at its sole discretion, may alter the loading rotation of any vessel for the convenience and efficient operation of the Elevator. Item No. 7 – Reinspection/Certificates/Suitability to Load

Despite the issuance of the certificates described in Section II, Item No. 2, LDPA, at its sole discretion, may require, either before or during loading, a reinspection of the vessel by the USDA to replace the original certificates.

If at any time LDPA, the NCB, USDA, Coast Guard or any other regulatory authority should determine that the vessel has become unsuitable for loading, LDPA reserves the right, in its sole discretion, to withdraw the berth assignment for such vessel, or if the vessel is in berth, to order the vessel to vacate the berth with all expenses being for the vessel’s account.

LDPA may, at any time, require certification from a competent and acceptable marine chemist or laboratory that all compartments designated for receiving grain are free from any unsafe or contaminating gases or odors. Costs for such certification shall be for the vessel’s account. Item No. 8 – Vessel Overtime Work

LDPA, at its sole discretion, may require a vessel to work overtime at the vessels expense at any time. Any vessel, which refuses to work such overtime, shall vacate the berth in favor of the next vessel, which is willing to work overtime. Vessels which request overtime work shall do so no later than 1300 hours on the day preceding the day on which the overtime work will be performed. Overtime charges shall be assessed as per Section IV, Item No. 5 of this Tariff. Item No. 9 – Liability and Indemnification All vessels, their owners and/or their agents, shall be liable for all damages resulting from their use of the Elevator facilities. LDPA reserves the right to repair or contract for repairs of such damages in accordance with Section I, Item No. 19 of this Tariff. LDPA reserves the right to detain any vessel responsible for any damage to LDPA has been reimbursed for the damages or is otherwise satisfied with a remedy. All vessels, their owners and/or their agents, agree to indemnify and hold LDPA harmless from and against all losses, claims, demands, and suits for damages, including death and personal injury, and including all court costs and attorney’s fees that may result from their operations at the Elevator and use of the Elevator’s facilities. Item No. 10 – Notice to Vacate the Berth/Liquidated Damages

Whenever a vessel is unable to load, refuses to load, or for any other reason is unable or unwilling to receive cargo, LDPA may order the vessel to vacate the berth. Within two (2) hours after such notice is delivered to the Master, Mate or agent of the vessel, the Master shall sign, or cause to be signed,

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a clean Mate’s Receipt, with no notations whatsoever, for the amount of cargo on board at that time, and the vessels agent shall schedule pilots, linesman, and tugs for the earliest available departure. If the vessel refuses or fails to vacate the berth, or fails to schedule sailing/shifting within two (2) hours after receipt of notice to vacate, LDPA shall be entitled to charge as liquidated damages a “Dead Berth” fee as noted in Section IV, Item No.10. If the vessel fails or refuses to vacate the berth when ordered by LDPA, dockage charges in accordance with Section III, Item No. 6 of this Tariff shall continue to accrue. If the vessel fails or refuses to vacate the berth when ordered by LDPA, LDPA may cause removal of the vessel by any lawful means and LDPA shall be entitled to recover all expenses incurred in doing so from the vessel and/or its agents. LDPA shall not be responsible for any damage to or loss incurred by the vessel in the course of removing the vessel from the berth.

Vessels shall promptly vacate the berth after the completion of loading. Any delays in vacating the berth shall be subject to the terms and conditions defined above pertaining to liquidated damages from a Dead Berth (inability to utilize the berth for loading). Please refer to Section IV, Item No. 10 of this Tariff regarding Dead Berth fee.

LDPA’s right to recover liquidated damages shall not impair its right to compel removal of the vessel from the berth by any lawful means, nor constitute a waiver by LDPA of any greater actual damages (including special or consequential damages) it may have sustained as a result of the vessel’s refusal to vacate the berth. Application for, and use of, the LDPA berth shall constitute agreement by the vessel that the aforementioned amount of liquidated damages for a Dead Berth accurately represents the loss to LDPA from its inability to use the berth for loading

LDC reserves the right to order a vessel to vacate the berth as the result

of any potential prevailing weather or river conditions. Item No. 11 – Strikes If a strike or other labor disturbance (whether by the vessel’s crew or otherwise) involving a vessel at the berth or waiting for the berth will, in the sole judgment of LDPA, impede operations at the Elevator, LDPA may order such vessel to vacate the berth or refuse to accept it at the berth. If the vessel refuses to vacate the berth, it will be charged a Dead Berth fee per Section IV, Item No. 10. Item No. 12 – Loading Immediately upon berthing and at all times, the vessel shall provide and/or maintain a safe and adequate gangway from the vessel to the dock, adequate lighting equipment, and appropriate officers and crew aboard to facilitate loading of cargo on any day and at any time of the day or night as required by LDPA.

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Vessels in the berth shall maintain taut lines at all times in order to avoid damage and injury to Elevator personnel and property. The owners, operators, master and/or agents of the vessel shall insure that the vessel will be loaded in such a manner that it will remain in seaworthy trim throughout the loading in order to permit shifting out of the berth should such become necessary. Item No. 13 – Repair Work There shall be no work or repairs of any kind to a vessel in the berth where such work or repairs may involve welding, burning, scraping or any “hot work” without the express written consent of LDPA. If LDPA approves such work, a gas free certificate issued by a competent marine chemist must be provided upon request by LDPA prior to the commencement of work. No repair work by the vessel while in the LDPA berth shall interfere with the timely and efficient loading of the vessel. Item No. 14 – Bunkering and Supplies Bunkering or loading of any other materials while the vessel is at the berth is prohibited without the express written consent of LDPA. The vessel or its agent must make its request for bunkering at least twenty-four (24) hours prior to berthing by submitting a Request for Bunkering/Supplies in writing to LDPA Management. Delivery of stores must be approved by Elevator Management in advance. Should any vessel which is berthed at the Elevator take on bunkers or supplies without receiving consent of LDPA, the vessel and/or its agents shall be liable for a wharfage fee in the amount of $5,000.00 per day for the duration of the time that the vessel occupies the berth. Item No. 15 – Loading Delays In order to minimize or avert delays on loading, vessels at the Elevator berth shall be subject to standby charges in accordance with Section IV, Item No. 10 of this Tariff in the specific delay situations described below:

A.) Air Draft Prior to the vessel’s arrival at the loading berth, Elevator management will inform the vessel’s agent that the vessel must arrive not exceeding a prescribed air draft limitation (water line to top of hatch combing). The vessel shall adjust ballast appropriately in advance so that loading and completion will not be delayed nor such condition unreasonably interfere with the loading process.

B.) Opening/Closing of Hatches A vessel has fifteen (15) minutes to open all hatches and be load-ready after the hour for which loading labor has been called. Those vessels whose equipment does not permit opening of the hatches within fifteen (15) minutes must open their hatches prior to the labor call and be ready to load within fifteen (15) minutes after the hour for which labor has been called. Any such

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delays stemming from opening of the hatches, will be subject the vessel to standby charges in accordance with this Tariff, Section IV, Item No. 10. C.) Delays to Stevedore The Vessel shall not unduly delay the progression of the loading in a safe and expeditious manner by the Stevedore. Any such delays can result in the Elevator placing the Vessel on notice and the application of standby charges in accordance with this Tariff, Section IV, Item No. 10. D.) Checkpoints At the end of loading or near completion of loading, a vessel is allowed one fifteen (15) minute period for the purpose of checking draft, stability, and any other factors necessary to determine the exact cargo to be loaded. Any delays, which are caused by the vessel using more than one (1) fifteen (15) minute period for checking draft, stability, etc., will subject the vessel to standby charges in accordance with this Tariff, Section IV, Item No. 10. E.) Ballasting Should a vessel loading grain at the Elevator berth find it necessary to discharge ballast, or fresh water, such discharging must be planned sufficiently in advance so that loading and completion will not be delayed. Any stoppage of loading resulting from discharge of ballast or fresh water will be charged against the vessel and/or its owner as a Dead Berth or standby fee as noted in Section IV, Item No. 10.

Item No. 16 – Shifting

LDPA may at any time order a vessel to shift from the berth, or along the berth, to accommodate another vessel, to better receive cargo, or for any other reason whatsoever. The cost of such shifting, both to and from the berth, and along the berth, shall be at the sole expense of the vessel.

During docking, undocking, shifting and during certain conditions, including weather, and as determined by LDPA, a berthed vessel may be required to obtain additional tug assistance to insure the safety of the wharf, Elevator facilities, the vessel, and other vessels in the vicinity. The cost of such tug assistance shall be for the account of the vessel.

In order to minimize or avert delays in loading, the vessel will be allowed a

maximum of thirty (30) minutes to shift after receiving such order from LDPA. Any delays, which are caused by the vessel taking more than thirty (30) minutes to initiate a shift, shall subject the vessel to standby charges in accordance with this Tariff, Section IV, Item No. 10. Item No. 17 – Stevedoring

LDPA will appoint a “Designated Stevedore” which will be utilized for the loading of ocean vessels and barges.

The LDPA Designated Stevedore must have a Port of Greater Baton Rouge (PGBR) stevedoring License and must meet all PGBR and LDPA

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requirements. Please see Section IV, Items No. 11 and 12 for more information on stevedoring and rates. Item No. 18 – Fitting Operations Vessels loading will not be permitted to engage in fitting operations, including strapping or bundling, while in berth. In the event a vessel must be partially loaded before all such operations can be completed, the vessel will be required to vacate the berth and return after completion of fitting operations with all shifting expenses for the account of the vessel owners. Vessels requiring strapping or bundling must advise the Elevator while filing the Berth Application, and such fitting shall be clearly indicated on the stowage plan. Item No. 19 – Dust Reducing Tarpaulins Each vessel will be charged $500.00 per hold for use of tarpaulins that the Elevator, in its sole discretion, deems necessary to reduce dust emissions. Item No. 20 – Recording of Weather For official time keeping purposes, rain, fog, and other weather-related conditions will be kept by independent port sources, the Elevator Control Room, Stevedore, or by independent guard service employed by the Elevator or PGBR. Item No. 21 – Blowing Tubes Vessels shall not “blow out their tubes” in the vicinity of the elevator dock. Any vessel performing this process will be responsible for any claims, governmental or otherwise, and shall pay LDPA $1,000.00 as liquidated damages. Item No. 22 – Gangway All vessels are required to provide their own gangway with safe and continual access to and from the LDPA dock. Should LDPA provide a gangway, a charge of $750.00 per day, or fraction thereof, will be assessed to the vessel. There is a minimum charge of $750. Vessels will be held responsible for any damage to the dock and/or gangway in connection with such use. Item No. 23 – Pontoons Vessels utilizing “pontoon” hatch covers shall be subject to an additional charge of ($1.00) per long ton of cargo. Vessels must notify the Elevator no later than the presentation of the Berth Application if the vessel has pontoon hatch covers. Item No. 24 – Loading Restrictions The Elevator is fully capable of loading a full feed through 2 and/or 3 spouts at all times. For those vessels whose loading sequences and/or stowage require one spout loading, or loading at a reduces rate, a charge of $3,000 per hour, or fractions part thereof, will be assessed during the time such restricted loading takes place.

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Section III – Barge Unloading Item No. 1 – Application of Tariff to Barges The berthing of a barge shall constitute a contract between the Elevator and the barge, her owner, operator, and/or charterer to abide by the regulations of this Tariff and toward acknowledging the rates and charges herein. Item No. 2 – Barge Condition

All barges must be presented in a seaworthy condition, and comply in all respects with all applicable regulations issued pursuant to the Occupational Safety and Health Act of 1970. Item No. 3 – Overfilled Barges

Any barge that spills cargo from the cargo hold when the barge covers are lifted or removed, shall be considered over filled. Any shipper who supplies LDPA with a barge that is overfilled shall:

1. Be responsible for the cargo weight that is spilled and becomes unretrievable, and

2. Be charged $200.00 to remove the cargo from the barge walkways and, if possible, reintroduce that cargo back to the cargo hold.

Item No. 4 – Cover Lifting Devices

Each individual barge cover must have four lifting rings or other suitable devices for attaching lifting cables. Failure to comply with this condition will result in rejection of the barge until such failure is remedied by the carrier, or at the elevator’s option, installation of such rings by the elevator operator for the account of the carrier. Item No. 5 – Barge Cover Fee A fee of $1200.00 per barge will be assessed on all barges with roll top covers. Item No. 6 – Barge Weighing Fee As per Section IV, Item No. 1 (Weighing) below, a fee of $300.00 will be assessed for weighing on each barge. Section IV – Charges for Receiving & Shipping/Misc Rates Item No. 1 – Receiving/Delivering/Weighing of Grain Receiving:

A.) From Trucks ………………………….….$0.07 per bushel B.) From Railcars or Barges …………...…..$0.07 per bushel Delivering: A.) To Trucks or Railcars ……………………$0.08 per bushel B.) To Self-Trimming bulk carrier vessel …..$0.06 per bushel C.) To other vessels …………….……………$0.08 per bushel

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Weighing: A.) Barges ……………………………………..$300.00 per barge B.) Railcars ………..…………………Not Available At This Time

Item No. 2 – Grain Storage Grain storage shall be charged at the rate of $0.0015 per bushel per day. Storage charges shall commence on the first day following receipt of grain into the elevator and shall be charged for each calendar day, or fraction thereof, that the grain remains in the Elevator. Item No. 3 – Treating, Cleaning and Turning

A.) Treating grain for infestation …………..$0.03 per bushel B.) Cleaning grain …………………………..$0.05 per bushel

Note: any screenings generated by cleaning of grain shall be the property of the owner of the grain and shall be subject to terms of this Tariff. Also any loss in weight resulting from cleaning grain shall be for the account of the owner of the grain.

C.) Turning grain ……………………………$0.03 per bushel Item No.4 – Minimum Elevator Call-Out Whenever LDPA has ordered labor based on the scheduled berthing of a vessel/barge for loading, and for any and all reasons not to the fault of the elevator, and the vessel/barge fails to arrive or cannot engage in cargo operations, the vessel/barge shall be responsible for all costs associated with the failure to load. This includes expenses for any USDA inspectors/weigher, independent grain inspectors/weigher, longshore and stevedore’s expense, and a four-hour call out charge of $1000 per hour for Elevator labor. Item No. 5 – Overtime

Overtime shall be considered any hours of operations in excess of 8 hours on weekdays, Saturday, Sundays, and holidays as defined herein Section I, Item No. 20.

A.) Barge/Vessel Loading Weekdays (Mon-Fri) Saturdays, Sundays and Holidays.. $1,200.00

per hour or fraction thereof, minimum four (4) hour guarantee.

B.) Rail loading … Not Available At This Time C.) Truck unloading …$600.00 per hour or fraction thereof, minimum four (4) hour guarantee.

Item No. 6 – Dockage

A.) Ocean Vessels Dockage for vessels, including ocean-going barges, loading bulk grain at the LDPA shall be charged a flat rate of $3.12 per GRT per vessel call. Tankers and ‘Tween Deckers shall be charged at a rate of $4.25 per GRT. There will be a minimum dockage charge for all vessels, including ocean barges, of $28,000 per berthing. Admeasure of

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Vessel GRT. (Barges Excluded) Dockage shall be charged on the gross registered tonnage (GRT) of the vessel as shown in Lloyd’s Register of Shipping. Where additional gross tonnages are assigned to certain vessels, the highest of all such tonnages shown in Lloyd’s Register of Shipping shall be applicable in determining gross tonnage for the purpose of assessment of dockage charges under this Tariff. However, LDPA reserves without question the right to admeasure any vessel when deemed necessary and use such measurements as basis of the charge

B.) Vessels which are not engaged in grain commerce and which desire to utilize the Elevator as lay berth may apply to do so by submitting a Berth Application to the Elevator Management. The assignment and use of the lay berth will be determined based on berth availability and grain vessel traffic. Lay berth rates are available and are negotiable with Elevator Management.

Item No. 7 – Portable Water For Ocean Vessels When available, portable water will be supplied from shipside connections at the Master’s request by arrangement only. Charges will be assessed at $5.00 per short ton with a minimum charge of $1,000. LDPA makes no warranties regarding the quality of water provided. Item No. 8 – Tug Terms for Ocean Vessels

A.) Designated Tug Company All tug service to be used by vessels at the facility must be arranged through a “Designated Tug Company” appointed by LDPA. The Designated Tug Company shall be used for all necessary tug assistance, including vessel docking, undocking, shifting while in berth, or while lying at the berth.

B.) Number of Tugs The number and characteristics of the tugs used shall be at the discretion of the vessel and/or pilot, however no vessel shall arrive or depart with less than 2 tugs. Elevator Management reserves the right, in its sole discretion, to require additional tugs to be in attendance to ensure the safety of the Elevator, with all costs being for the vessel’s account. Elevator Management also reserves the right to require tugs alongside the vessel during the course of loading and/or when weather and/or river conditions may threaten the Elevator, its equipment, personnel, the vessel, or others with harm or potential hazards. Such cost will be at the vessels expense.

C.) Tug Coordination Vessel agents will be solely responsible for arranging for tug services from the Designated Tug Company. All tug services shall be at the vessel’s expense. Invoicing for tug services will come from LDPA.

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D.) Tug Service Rates Docking, Shifting & Undocking ………. $2,890.80+$21.17 for each 1000 tons GRT (per Lloyd’s Register of Shipping) Rates for tug services shall be provided by LDPA separately upon request. Other tug services, including without limitation standby, hold-in, fuel surcharges, reporting cancellation, dead ship, or tug security fees shall be invoiced and collected at the current charges and rates set forth in the current Tariff of the Designated Tug Company.

Item No. 9 – Vessel Mooring

LDPA will designate a Line Handling Company to perform exclusive mooring services for all vessel activity at the Elevator berth. LDPA will invoice the vessel’s agents directly for these services. Rates:

Mooring ………………………………………………………….…..$1200.00 Unmooring …………………………………………………………..$1200.00 Running Headlines to General Cargo Berth (if Necessary)……..$750.00 Shifting in berth……………………………………………………..$1,200.00 Baton Rouge Buoys (Rate includes mooring or unmooring and Line boat …………………………………………………………….$3,600.00 Detentions – (After 2 HRS Standby from time of order) ……….$400.00 Cancellations – (Less than 1 HR Notice) ………………………..$750.00 Above Rates Include: Holidays & Weekends

Item No. 10 –Standby Time/Dead Berth

Standby time, in accordance with Section II, Item No. 15 of this Tariff shall be charged at the rate of $7,500.00 per hour, pro rata in fifteen (15) minute increments.

In all Sections and Items of this Tariff where there is reference to standby

time, loading delays, and/or a Dead Berth, at rate of $7,500 per hour shall be applicable, pro rata in (15) minute increments, unless otherwise noted. Once this charge is applied, it shall remain continuously in effect until the standby, delay, or Dead Berth is remedied to the satisfaction of LDPA. Item No. 11- Stevedoring Rates Rates are inclusive of stevedoring supervision, labor, personal protection equipment, shovels, brooms and ladders. Rates do not include trimming machines and/or hand trimming which will be provided by separate arrangement. Detention and overtime rates are in addition to these rates and are noted in subsequent items. The rates below are reflected in a sliding scale and are based on cargo delivery to the vessel per the Stevedore’s Vessel Loading Log, subject to LDPA approval, and is limited to the daily hours of service scheduled by the elevator for vessel loading operations. Time starts at first grain to vessel and concludes with last grain, with the only allowable deduction being rain time. Invoices for stevedoring will be issued by LDPA to the vessel/vessel’s agent.

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>0 -1,000 MT per Hour ……………..$0.45 Cents per MT >1,000 – 2,000 MT per Hour ……….$0.22 Cents per MT >2,000 – 3,000 MT per Hour ……….$0.15 Cents per MT >3,000 – 4,000 MT per Hour ……….$0.11 Cents per MT >4,000 – 5,000 MT per Hour ……….$0.09 Cents per MT

A.)Overtime Charge ……………………………….$39.75 per Man Hour Overtime is defined as all work in excess of 40 hours per week and all hours designated as Holiday in the “Designated Stevedore’s” Tariff. B.)Stand-by loading time (delay other than weather)…$180.00 per gang

C.)Any other special requirements such as separations, partitions, hand trimming, etc will be quoted separately on a case-by-case basis.

D.)Facility charges are not included in the stevedoring rates

Item No. 12 – Facility Use Charge

A facility use charge shall be charged to the stevedore loading the vessel as follows and shall be calculated by the quantity shown on the Mate’s Receipt. This facility charge will be subsequently charged by the stevedore to the vessel in addition to the stevedore charges.

A.) Self-trimming bulk carriers …………………$0.27 per long ton B.) Vessels with multiple decks (Tween-decks)…$0.37 per long ton C.) Tankers……………………………………….$0.45 per long ton

D.) Trimming with spouts ………….…….$0.25 per long ton Note: This charge shall apply in addition to the charges shown in A.), B.), or C.) above, and will only be assessed for quantities actually spout trimmed. This quantity will be estimated jointly by stevedore and LDPA. E.) Wing Tanks…………………………………..$0.22 per long ton Note: This charge is in addition to charges shown in A), B), or C) above, and shall only be assessed on the total quantity actually loaded into wing tanks. This quantity will be estimated jointly by stevedore and LDPA. F.) A fee of $450.00 will be charged to the vessel for dock cleaning after

the completion of loading.