negotiation. Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the
parties are unable to resolve their dispute as described above within 30 days, the parties’ reserve
the right to pursue any available legal and/or equitable remedies for any breaches of this contract
except as that right may be limited by the terms of this Contract.
Should either party to the Contract suffer injury or damage to person or property because of any
act or omission of the party or of any of its employees, agents or others for whose acts it is
legally liable, a claim for damages therefore shall be made in writing to such other party as soon
as practicable after the first observance of such injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
12. Cargo
A.5 CARGO PREFERENCE REQUIREMENTS
46 U.S.C. § 55305; 46 C.F.R. part 381
The Cargo Preference Act of 1954 requirements applies to all contracts involved with the transport of
equipment, material, or commodities by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels
The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill-of-lading.); and
c. to include these requirements in all subcontracts issued pursuant to this contract when the
subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
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