【正文】
alue of the undelivered goods at which time full breech if declared automatically.“Scheduled date of Arrival” means date when the vessel should be alongside quay and available to take delivery of the Goods as per both Seller and Buyer mutual notifications and provisions in Appendix hereto. 3160 days $ USD/day/MTW(b) Over 90 days is not allowed to keep the goods and the port is entitled to sell the goods to cover losses. These details are to be settled between the Buyer and the Port Authorities.The contract is subject to United States Law, ICC rules are to be observed under existing CIGS guidelines and UCC Law will supercede over ICC if in conflict.Either party may terminate the contract should the other side refuse performance of a substantive contractual obligation unless the LC is not posted by the buyer, but excluding refusal cause by a Force Majeure event.Any of the sides is allowed to assign the contract or payment instrument in order to secure the performance of its obligations.Correspondence in the course of the ordinary administration of the contract such as but not limited to notification of anticipated delivery dates might be sent by fax, any electronic means or mail. Notices of suspension, termination or to invoke arbitration shall be sent as an advance fax with an original by courier service and shall be deemed delivered on the evidenced date of the facsimile.The liability towards the other party is limited to penalties, charges, damages and remedied expressly stated in this loss arising under the law of contract or tort including negligence and breech of duty.Seller and Buyer shall treat information provided by the other party on a strictly private and confidential basis. Seller and Buyer shall take all necessary steps to prevent the others confidential information from being misused or disclosed or made public to any third party except as needed to successfully plete the Contract or to avoid conflicting claims (and except as may be required in accordance with the applicable law). Any breach of these provisions will entail payment of damages to the other party.XX. NONCIRCUMVENTION AGREEMENTThe parties recognize the contract to be an exclusive and valuable contract of the respective Party and they shall not enter into direct negotiations with such contracts revealed by the other party.Buyer irrevocably binds itself to provide any and all documentation requested by Seller, immediately and without delay, in connection with the sale/purchase of the aforementioned goods. In the event of circumvention by any party whether directly or indirectly, the circumvented Party shall be entitled to legal monetary penalty as damages, equal to the maximum amount is should make from such transaction and any and all expenses including but not limited to legal fees that would be involved in the recovery of said damages. The circumventing Party renounces to any right that be may have to claim a reduction of this amount.The Parties shall maintain plete confidentiality regarding each others business sources or their identities and shall disclose such only to named Parties pursuant to express written permission of the Party that made the source available. Seller and Buyer shall keep each other fully informed about the progress of all current and future contract negotiations and about the performance of the contract. The buyer acknowledges that missions are paid in support of this contract and are paid by the Seller unless the buyer breeches this contract then missions shall be paid by the buyer based upon the total contract value. Any missions, fees. Or other such charges above this amount are the responsibility of the Buyer or unless waived by the Buyer to allow the Seller to be the paymaster for such fees.XVIII. EFFECTIVE DATEThe contract prises the present documents, Appendices and Addendums.Assignment is permitted under mandate issued by the Seller.XVII. GENERAL PROVISIONSNotification of termination is to occur within 30(thirty) calendar days following nonperformance if contractual obligations.The arbitration will be heard by one or more arbitrators appointed mutual agreement of the parties and in accordance with the Rules and the Arbitration Act 1996. The seat of arbitration shall be United States of America. The award shall be enforceable in any country, and a Letter Rogatory shall be deemed accepted without contest or protest.To make payment in target dates for each consignment shall be effected by within 3(three) banking days after receipt by the advising bank of all documents required under clause 9. 6175 days $ USD/day/MTW(c) 7690 days $ USD/day/MTW(d)Should the vessel not arrive for loading within before stated period as a result of the buyer at the unload port, and the goods be stored in the port Warehouse the Buyer will be responsible for the payment to the port authorities at the following rates per day ov