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Corporate Offices: 2102 Kelley Court  Pittsburg, CA 94565  510-523-8900 p  925-296-0543 f MEOPS060 Rev 06.20.2017 Page 2 of 11 C. Laytime and Demurrage. Charterer shall be allowed such laytime for loading/discharging cargoes as indicated on the Time / spot charter Certificate, with such laytime to be reversible between loading and discharging but not otherwise cumulative. Counting of laytime shall commence upon informal notice of readiness from Owner and shall continue uninterruptedly until loading/discharging has been completed. Any time required for loading/discharging cargoes or for any other delay caused primarily by circumstances within Charterer's control which is in excess of laytime shall be charged at the demurrage rate indicated on the Time / spot charter Certificate. D. Cargo Time. If crewmembers are requested by Charterer or required by special circumstances to assist with cargo handling and related tasks, then section 6 below shall apply, and Charterer shall pay cargo time at the rate identified on the Time / spot charter Certificate for each crewmember assisting with such tasks. E. Breakdown. If the Vessels or either of them break down or be otherwise unable to perform the services, and should such breakdown/inability continue for forty eight (48) consecutive hours without Owner having substituted vessel(s) or otherwise resumed performance of services, then hire shall be deemed suspended from the inception of such delay until performance of services has resumed. F. Charges. Charterer shall pay/reimburse Owner for all charges and expenses accruing with respect to the Vessels, cargoes and/or services provided at the actual cost thereof, including, without limitation, costs to repair/replace fittings, gear or equipment lost or damaged by Charterer, its subcontractors or vendors, all port, dockage, wharfage, pilotage, assist towage, customs and other charges and all costs associated with the loading, stowing, securing, trimming or discharging of cargoes. G. Taxes. Charterer shall be responsible for all taxes relating to the cargoes, including revenues derived from any purchase or sale thereof. Owner shall be responsible for taxes directly relating to the Vessels, including relating to hire earned hereunder. In all other instances, the party against whom tax is assessed shall be responsible for payment of such, subject to a right of challenge. H. Payment and Interest Terms – Due upon receipt 4. Owner's Warranties and Performance A. Warranties. Owner shall use due diligence to tender and thereafter maintain the Vessels in a seaworthy condition. The Vessels shall be equipped and manned sufficiently, and shall have such documentation, licensing and permits reasonably required for the contemplated services. Owner shall perform with due dispatch, but does not promise or warrant any speed or arrival/departure times. Other than the foregoing, Owner shall not be held to any warranty whatsoever, whether express or implied, fitness or suitability for a particular purpose or workmanlike service. B. Exclusive Control. Owner shall man, navigate, victual, operate, repair and supply the Vessels, and have exclusive control over the Vessels for the duration of the contemplated services. Owner's performance shall be subject to Charterer's general directions as to cargoes and ports/places of call, but the manner and means of performance shall be left to the judgment, discretion, direction and control of Owner and the master of the Vessel at all times. Owner and master shall be responsible for the safety of the Vessels and crew, which shall be of the utmost importance while performing hereunder. Neither Owner, master nor crew shall be required to inspect the loading, stowage, trimming, securing or discharging of cargoes, nor shall any communications, comments or advice given with respect thereto be deemed to enlarge Owner's responsibility or liability under this agreement. ATTY/AGR./Marine Express (Page 2 of 11)