Except as provided herein as may be caused by the Port Commissionís own negligence, Vessels, their Owners, disponent owners, and agents, and all other users of the Facilities agree to indemnify, save and hold harmless the Port Commission from and against all losses, claims, demands, and suits for damages, including, death and personal injury, and including court costs and attorneysí fees, incident to or resulting from their operations on and use of the Facilities.

RULE 10:

RULE 13:

No person shall carry on any commercial activity at the Facilities, without the consent of the Port Commission unless a provision is made otherwise in a lease or other agreement.  Applications for the right to conduct commercial strapping, weighing or sampling operations at the Facilities shall be made to the Manager.

In the event any damage is done to any part of the Facilities, the person responsible for, causing, or in any way connected with such damage, and the person to whom a berth at such mooring facility is assigned or by whom it is being used, and the master, owner, or agent of any Vessel, vehicle or other instrumentality involved in such damage shall make a full report to the Port Commission, giving the (a) date and hour the damage occurred, (b) the names and addresses or descriptions of witnesses and other persons, Vessel, or instrumentalities involved in the damage, and (c) all other available pertinent facts and information.

Any damage done to the Facilities by a Vessel or otherwise must be immediately reported to the General Manager together with the name of the Vessel or company causing said damage.  The expense of the repair of said damage shall be paid by said Vessel or company.

No Vessel carrying explosives (other than ammunition for small arms or any explosives required by law to be carried by such Vessel) or inflammable liquids in bulk (having a flash point of 80 Fahrenheit or lower, open cup test) will be permitted to moor at the Facilities unless permission has been obtained in advance from the Port Commission.

No Vessel last used for the bulk transportation of inflammable liquids (having a flash point of 80 Fahrenheit or lower, open cut test) or inflammable compressed gases shall be berthed at the Facilities unless written permission has first been obtained from the General Manager.

No person shall store, handle, dispense, keep or use any gasoline distillate or other liquid petroleum products, other than lubricating oils, at the Facilities except at such places and under such condition as may be especially designated by the Port Manager; provided, however, that any sale or delivery of such products in bulk shall be made from and by means of pipe and hose equipped and provided with connections and valves, as approved by the General Manager, and at such places as may be so designated therefore.  Such gasoline, distillate or other liquid petroleum products shall not be handled or delivered between sunset and sunrise, unless the premises are lighted only be incandescent electric lights, properly protected.

The Port Commission requires the party requesting berth assignment(s) for Vessels docked at the Facilities to be liable for all Vessel expenses accrued.  This includes but is not limited to security guard coverage, dockage, wharfage and water at designated berths.  The Port Commission will provide billings for such services.

The Master of any Vessel berthed or anchored at the Facilities shall, upon demand, exhibit the enrollment, license or other document of such Vessel showing tonnage and the Owner, agent, manager or Master of any Vessel shall, upon demand, furnish a copy of the manifest or bills of lading for cargo discharged or loaded.

In the event that a Vessel shall sink or submerge or capsize at the Facilities or in way thereof, the Owner, agent or permittee shall, at his own expense, cause such Vessel to be raised and immediately removed from the same and shall be responsible for any expenses including but not limited to attorneysí and surveyorsí fees, damage or loss of use of the Facilities, soundings and dredging incurred by the Port Commission.

A Vessel anchored or moored at the Facilities or lying alongside the dock must at all times have at least one officer and such seamen on board or in charge thereof as will insure proper care of the Vessel.  If it becomes necessary in order to facilitate navigation or further the commerce of the Port of Albany or for the protection of other Vessels or property, a Vessel may be ordered to shift its position at a wharf, to change berths, or to vacate a berth by order of the Port Commission at the expense of the Owner, and the Owner and Vessel shall be liable for all damages and costs that arise thereby.

Dockage is assessed per day without pro ration and includes Saturdays, Sundays, and Holidays as follows:

(a)	Barges or lighters one dollar and fifty cents ($1.50) per running foot per day.
(b)	All Vessels and barges engaged in cargo operations twenty nine cents ($0.29) per net registered ton, per day.  Minimum invoice $200 per vessel.
(c)	Vessels refusing to vacate a berth, when so ordered will be assessed for those hours the Vessel occupies the berth beyond the time of the order to move at rate of $1,000.00/hr.
(d)	Exemption to Dockage Charges:  Vessels operated by the Federal, State, or municipal government not receiving or discharging cargo are exempt from dockage charges.
(e)	Fresh water will be supplied at a rate of $5.00 per 100 cubic feet of water plus a $50.00 hook-up fee. In addition, a labor charge of $35.00 per hour between the hours of 0800 and 1200 and 1300 and 1700 Monday through Friday, and $55.00 per hour at all other times, Saturday's, Sunday's and Holidays will be assessed.

The follow are per short ton unless otherwise specified:

(a)	All articles N.O.S. herein $2.75;
(b)	Woodpulp (per Metric Ton) $1.05;
(c)	Heavy Lifts - Articles Weighing:  50,000 lbs. to 200,000 lbs. per piece or pkg. $4.00 ton.  Over 200,000 lbs. per piece or pkg. $5.00/ton;
(d)	Aluminum, Iron, and/or Steel in Bundles, Coils, Pigs, or Slabs per ton $1.50;
(e)	Scrap Iron per ton $.75;
(f)	Bagged Cargos:  loose, pre-slung, or containerized $2.00;
(g)	Loaded containers, any length $25/container.  Empty containers, any length, upon request.
(h)	Wharfage charges may be assessed on a measurement basis where such a computation exceeds wharfage charges computed on a weight basis.

No person shall enter upon any public wharf, public mooring facility, public cargo facility or public storage area or facility of the Facilities:

(a)	Such persons and their bona fide employees as may be authorized by law and permitted by the Port Commission to engage in the activities for which said areas have been provided by the Port Commission;
(b)	Duly authorized representatives or employees of the Port Commission or its contractors;
(c)	Representatives of employees of local, state and Federal Government or political subdivisions thereof duly authorized by law to enter thereon;
(d)	Other persons granted permission to enter thereon by the Manager.

The General Manager shall have, in his sole discretion, when he deems it in the interest of overall efficient use of the Facilities, the right to assign railroad cars using the tracks at to any specified location at the Facilities and to limit the number of such cars permitted within any such area.  The Port Commission shall not be responsible for loss or damage or increased charges for transportation, switching or demurrage incurred as a result of such assignment or limitation by the General Manager.

Unless otherwise provided in a lease or other agreement, no person shall use any open or covered area of the Facilities for storage of cargo or other property without the permission of the General Manager.  If, notwithstanding the above prohibition, storage occurs, then the General Manager shall have authority to (a) order the cargo or other property removed at the expense of the owner or consignee thereof and (b) assess any charges, as determined by the General Manager, applicable to such storage until removal.

No cargo, goods or merchandise shall be moved across or upon or placed upon or allowed to remain upon any pier, bulkhead, platform, wharf, or any part of the Facilities of such a nature or in such quantity or in such a manner as to endanger unreasonably or to be likely to endanger unreasonably person or property.

All stevedoring work and the handling of cargo to and from the Facilities must be performed in a manner and with equipment satisfactory to the Port Commission from a safety standpoint, but the Port Commission assumes no responsibility for the performance of such work.  Responsible and efficient stevedoring services are available through incorporated or bonded companies.

Dangerous articles as defined by the Hazardous Materials Regulations of the D.O.T. and USCG Regulations titled, ìTransportation of Explosives and other Dangerous Articlesî in quantities that exceed the amounts indicated in the accompanying table shall not be handled, stored or transferred at the Facilities without permission of the General Manager. Application for such permission shall be made to the General Manager at least twenty-four hours prior to the time any such movement is contemplated.

No person shall store, keep, handle, use, dispense or transport at, in or upon the Facilities, any dynamite, nitroglycerin, black powder, fireworks, blasting caps or other explosives,  gasoline, alcohol, ether, liquid shellac, kerosene, turpentine, formaldehyde or other inflammable or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp, powered, metallic magnesium, nitro-cellulose film, peroxides, or other readily inflammable solids or oxidizing materials, hydrochloric acid, sulfuric acid or other corrosive liquids, prussic acid, phosgene arsenic, carbolic acid, potassium cyanide, tear gas, lewisite or any other poisonous substances, liquids or gas, or any compressed gas, or any radio-active article, substance or material, at such time or place or in such manner or condition as to endanger unreasonably or as to be likely to endanger unreasonably persons or property. If and when permitted hazardous commodities will be received only between the hours of 8 a.m. and 5 p.m. and must be immediately removed from the premises.