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<br />DES:djg-c <br />ES:djg-c <br />DES:djg-c <br />DES:djg-c <br />DES:djg-c <br /> <br />11/23/82 <br />02/l5/'83R <br />07/29183R <br />11/20/83R <br />l2/08/83R <br /> <br />hereby agree to submit the controversy to arbitration as provided <br /> <br />in paragraph 32 hereof, provided, however, that in no event shall <br /> <br />the rent based upon the fair market value so determined be less <br /> <br />than that in effect for the Rental Period immediately preceding <br /> <br />that for which .the determination of rent is so submitted to <br /> <br />arbitration. <br /> <br />In determining said value no improvements erected on <br /> <br />the Leased Premises or made to the land by Lessee or by Lessee's <br /> <br />predecessors in interest shall be considered. <br /> <br />TARIFF CHARGES; GUARANTEES. <br /> <br />(a) <br /> <br />Tariff Charges. <br /> <br />In <br /> <br />4. <br /> <br />addition to the rental payments herein provided for, Lessee shall <br /> <br />payor caused to be paid to Lessor all terminal tariff charges <br /> <br />incurred by Lessee or for the account of Lessee during the term <br /> <br />of this lease in the use of the terminal and shipping facilities <br /> <br />operated by Lessor. <br /> <br />Said terminal charges shall be paid at the <br /> <br />rates of, for the items specified, and in the manner set forth <br /> <br />for, each such charge in Lessor's tariff current at the time the <br /> <br />obligation to so pay is incurred. <br /> <br />Such tariffs are subject to <br /> <br />change by Lessor's Board of Port Commissioners from time to time. <br /> <br />The provisions of this paragraph 4(a) shall not be deemed a <br /> <br />limitation upon the provisions of paragraph 4(b) below relating <br /> <br />to Lessee's guarantee to pay certain minimum annual charges. <br /> <br />It is the intent of the parties that Lessee shall pay Lessor <br /> <br />tariff charges which would be applicable to water transportation on <br /> <br />all products received by Lessee or for Lessee's account at the Port <br /> <br />5 <br /> <br />"r'-"""-""--""""""""""""""" <br />