Samaritan’s Purse (SP)

Proforma Charter Party

April 2005

(Vessel Load / Berth Terms Discharge)

Approved Baltimore Berth Grain Charter Party

As Adapted by Samaritan’s Purse for agricultural

commodities under PL-480 Title II Program

Washington, D.C. ______

IT IS THIS DAY MUTUALLY AGREED between ______

hereinafter referred to as Owners of the ______built ____

at ______of ______net tons register or thereabouts,

classed ______in ___, now trading, and Samaritan’s Purse, Boone, North

Carolina, Charterers.

That the said vessel being tight, staunch, strong and in every way

fitted for the voyage shall with all convenient speed sail and

proceed to:

______

______

and there load, always afloat, from said Charterers, or their

Agents, a full or part cargo of ______

in bulk ______

______.

Vessel to load under berth terms and under inspection of National

Cargo Bureau surveyor and U.S. Department of Agriculture licensed

inspector at her expense and to comply with their rules, not

exceeding what she can reasonably stow and carry over and above her

Cabin, Tackle, Apparel, Provisions, Fuel, and Furniture, and being

so loaded shall therewith proceed to:

______

and deliver the same, always afloat, agreeable to Bills of Lading,

on being paid freight as follows:

______

U.S. Currency, per ton of 2,204.6 pounds on Bill of Lading quantity

basis one loading port/one discharging port; plus ______

______, U.S. currency, extra per ton of 2,204.6 pounds

on entire cargo for each additional loading port if used; plus

______, U.S. currency, extra per ton of

2,204.6 pounds on entire cargo for each additional discharging port,

if used .

Freight payable:

Cost of Lightening (if applicable):

If vessel was contracted basis full or partial lightening, and if

lightening is not performed at the discharge port and vessel

directly discharges at berth, the lightening cost will be deducted

from the ocean freight.

One Way Rate (if applicable):

1. Captain or Owners Agents to call at Charterers' or their Agents'

office, as requested, and sign Bills of Lading as presented without

prejudice to this Charter Party.

2. Cargo to be loaded according to berth terms with customary despatch

at the average rate of ______tons of 2,204.6 pounds per weather

working day of 24 consecutive hours, Sundays and holidays excepted,

even if used. Owners to appoint and pay stevedores at load port(s).

Notwithstanding any custom of the port to the contrary, Saturdays

shall not count as laytime at the loading port or ports where

stevedoring labor and/or grain handling facilities are unavailable

on Saturdays or available only at overtime and/or premium rates. In

ports where only part of Saturday is affected by such conditions, as

described above, laytime shall count until the expiration of the

last straight time period. Where six (6) or more hours of work are

performed at normal rates, Saturday shall count as a full layday.

If trimming of Vessel is required by the National Cargo Bureau,

any and all trimming expenses, including but not limited to

trimming machine hire and elevator overtime, are for Owners'

account. Any securing (bagging or strapping, etc.) required by

Master, National Cargo Bureau or Port Warden for safe trim /

stowage to be supplied by and paid for by Owners and time so

used not to count as laytime or time on demurrage. All necessary

mats, vents and dunnage to be supplied by and paid for by Owners.

3. Notice of Vessel's readiness to load must be tendered and accepted

at the office of Commodity Suppliers (loading facility's office) or

their agents and at the office of the Charterers or their agents

during regular business hours at or before 4 P.M. on weekdays,

Monday through Friday, or at or before 12 noon if on Saturday,

Vessel having been entered at the custom house, accompanied by pass

of the National Cargo Bureau and Grain Inspector's Certificate of

Vessel's readiness in all compartments. Laytime will then commence

at 8:00 A.M. on the next business day, whether in berth or not.

Advice that such notice has been tendered is to be faxed, or emailed

by Owner or Owner's Agents to International Services Corp., 1629 K

Street, N.W., Suite 700, Washington, D.C. 20006, fax (202) 296-1160,

email: .

4. Loading, if required by Charterers, not to commence before the

______day of ______, 20__. Should the vessel not be

passed by the National Cargo Bureau Surveyor and USDA licensed grain

inspector as ready for cargo at her loading port before 12 Noon on

the ______day of ______, 20__ followed by the presentation of

said passes to the Charterers or their Agents at their office

Charterers or their agents shall at said hour, and at any time

thereafter, but not later than the presentation of these passes at

said office, have the option of canceling this Charter Party.

If Owners fail to tender vessel, or substitute approved by

Charterers, and same is not accepted within the laydays, whether

or not the option to cancel the charter party is exercised, the

Owners are to be fully responsible for all charges attributable

to the failure to tender and be accepted before the canceling

date of the charter, whether accruing to Charterer or to the United

States Government as donor, including but not limited to the grain

carrying charges covering interest, storage, insurance and

fumigation, and excess freight or reprocurement costs. In which

case it will be a condition of payment of freight that Owners submit

as part of their documentation "PAID" invoices from the suppliers

for carrying charges or a certification from such suppliers that

carrying charges did not accrue. Ultimately, the Charterers / USDA

have the authority to deduct any carrying charges due from the

payment of ocean freight.

5. Laytime accounts at load port(s) are to be settled directly between

Owners and Commodity Supplier(s). Laytime calculation, overtime,

and trimming are to be in accordance to Addendum No. 1 of the North

American Export Grain Association, Inc. F.O.B. Contract No. 2

(revised as of August 1, 1988) Clauses Nos. 1-10 inclusive,

(hereinafter "N.A.E.G.A.") regardless of type of Vessel. Further,

the following modifications to N.A.E.G.A. will apply: anywhere the

word "Buyer" appears, the words "Vessel Owner" should be substituted

in its place.

Under no circumstances shall Charterers, CCC or AID be responsible

for resolving disputes involving the calculation of laytime or the

payment of demurrage or despatch between the Vessel Owners and the

Commodity Supplier(s).

Any/all disputes between the Vessel Owner and the Commodity

Supplier(s), arising out of this contract relating to the settlement

of laytime issues shall be arbitrated in New York subject to the

rules of the Society of Maritime Arbitrators, Inc.

6. (a) Demurrage (subject to clause 5 above):

Commodity Supplier(s) at each load port to pay demurrage separately

to Owners, if incurred, at the rate of ______

______U.S. currency, per day or pro-rata

for part of a day for all laytime lost in loading.

(b) Despatch (subject to clause 5 above):

Owners to pay despatch separately to Commodity Supplier(s) at each

load port, if earned at such port(s), at the rate of ____

______U.S. currency, per day or

pro-rata for part of a day for all laytime saved in loading.

7. It is also mutually agreed that the Carrier shall not be liable for

loss or damage occasioned by causes beyond his control, by perils of

the seas or other waters, by fire from any cause or wheresoever

occurring, by barratry of the Master or crew, by enemies, pirates or

robbers, by arrest and restraint of Princes, rulers or people, by

explosion, bursting of boilers, breakage of shafts or any latent

defect in hull, machinery or appurtenances, by collision, stranding

or other accidents of navigation of whatsoever kind (even when

occasioned by the negligence, default or error in judgment of the

pilot, Master, mariners or other servants of the shipowner, not

resulting, however, in any case, from want of due diligence by the

Owners of the ship or any of them, or by the ship's Husband or

Manager).

8. Should General Average conditions arise, Charterers (SP) shall

assign its rights to the USDA/Contract Reconciliation Division, who

in turn shall contribute with the Owner in general average to the

payment of any sacrifices, losses or expenses of a general average

nature that may be incurred including salvage and special charges

incurred in respect to the goods. If a salving ship is owned or

operated by the Owner, salvage shall be paid for as fully as if the

said salving ship or ships belonged to strangers. General Average

shall be payable according to York/Antwerp Rules, 1994. Cargo to be

released without general average security.

9. Vessel to have the privilege of fueling en route.

10. Vessel to have a lien on the cargo for all freight, dead freight, or

average. Charterers' liability under this Charter to cease on cargo

being shipped, except for payment of freight and/or dead freight.

The said Charterers, or their Agents, are to have the privilege of

transferring this Charter to others guaranteeing to the shipowner

the due fulfillment of this Charter.

11. Penalty for non performance of this agreement is limited to proved

damages not exceeding the estimated amount of freight.

12. Owners to give Charterers or their Agents, in writing, fourteen (14)

days' notice of vessel's expected readiness to load and quantity of

cargo required. Preadvice notice must be received at the office of

International Services Corp., Wash., D.C. prior to 11:00 a.m.

Wash., D.C. time on regular business day to be considered received

on that day. If preadvice is received later than 11:00 a.m.

Wash., D.C. time on regular business day or on weekends/holidays,

preadvice notice will be considered received only on next business

day. In addition to sending preadvice notice to Charterer's agent

as above, Owner must provide at the same time a copy of their

preadvice notice to USDA KC, CFSA, Export Operations Division, Fax

No. (816) 823-2586.

In order to provide timely status reports to Receiver, Charterer

requires that Owner provide accurate daily vessel position / status

reports with vessel's position / activity / relevant ETAs at load

and discharge port(s) commencing when vessel provides its preadvice

notice of vessel's ETA at load port and continuing through

completion of discharge. These daily notices are to be provided to

International Services Corp. by fax (202) 296-1160 or email:

.

13. Owners to appoint and pay their Agents and stevedores at loading

port.

14. At loading, vessel's cargo gear and all other equipment shall

comply with regulations established by U.S. Public Law 85-742,

Part 9, (Safety and Health Regulations for Longshoring). If

longshoremen are not permitted to work due to failure of the

Master and/or Owners and/or Owners' Agents to comply with the

aforementioned regulations, any delay resulting therefrom shall

be for Owners' account.

15. SAILING NOTICE AND ESTIMATED TIME OF ARRIVAL

A. Sailing notice indicating vessel's name, port of loading,

commodity and quantity loaded, time of sailing and estimated

time of arrival at discharging port should be faxed or emailed

by Owners or Owners' Agents to:

(1) International Services Corp.

1629 K Street, N.W., Suite 700

Washington, D.C. 20006

Fax: (202) 296-1160

Email:

B. The Owners to instruct Master to radio to vessel's agents the

estimated time of arrival, vessel's draft and length overall

forty-eight (48) hours prior to vessel's estimated arrival.

16. The cargo is to be discharged at vessel's time, risk and expense,

with no demurrage / no despatch / no detention. Bleeding of bags,

if any, at discharge port(s) to be at Owners' expense.

Cargoes are to be bagged and loaded / stacked onto Receivers’

conveyances at discharge port at Owner’s time, risk And expense.

Hand bagging is not permitted. However, if hand bagging is

performed in breach of contract, the bagging rate is to be reduced

to USD 1.00 per metric ton. Bagging contractor is subject to

Charterer’s approval. Bagging is subject to USAID’s Bagging

Specifications dated July 1989, copies of which are available at

International Services Corp. In accordance with USAID’s bagging

specifications, the vessel owner is responsible for providing the

needles and twine necessary for the cargo bagging operation at

discharge port.

Method of Bagging:

Bagging Contractor:

Bagging Rate:

17. Notification of vessel's readiness to discharge must be delivered in

writing at the office of the Receivers in office hours.

18. Owners to appoint and pay vessel's agents and stevedores at

discharge ports.

19. Lighterage and/or lightening, if any, necessary for vessel to

reach safe draft at discharging port, is for account of Owners.

20. Rotation of loading ports is to be in Charterers' option.

21. Overtime at load port(s), other than crew costs, is for the

account of party ordering same. Overtime at discharge port(s)

is for account of Owners. Cost of overtime for crew to be for

Owners' or Operators' account.

22. Any dues and/or taxes on cargo and/or freight to be for Charterers'

account, and any dues and/or taxes on vessel (including normal port

dues and services and facilities charges) to be for Owners' account.

23. Charterers' option of ___ safe berth(s) each port in loading and

two safe berth(s) in discharging. Shifting expenses and all

other expenses to be for Owners' account. Vessel to be left in

seaworthy trim for shifting between loading and discharging

berths.

24. Vessel Gear Requirements: Vessels must be capable of self-discharge

with vessel's or Owner supplied shoreside gear (cranes and/or

swinging derricks with minimum 8 mt S.W.L. capacity suitable for

clamshell discharge), and/or with marine legs including all

necessary support equipment. All discharge gear and equipment is to

be supplied by Owner at Owner's expense and to be in good working

order. Owners to provide at their expense all necessary motive

power/fuel to operate all discharge gear twenty-four hours a

day, if required. Owner to provide at their expense technicians in

the case of marine legs to oversee their operation. Opening and

closing of hatches to be carried out by vessel's crew free of charge

to Charterers. Mechanical or hydraulic hatch covers for vessels or

rain tents for all hatches are required.

25. Vessel to supply sufficient lights during loading and discharging at

day and night free of expense to the Charterers.

26. Cost of separations, if required, other than by vessel's natural

compartmentation for Owners' account.

27. Charterers and/or their Agents have the right to be on board the

vessel while loading or discharging for the purpose of supervising

their interests.

28. Any additional completion cargo(es) must be duly separated, must

be compatible and non-injurious to SP cargo(es), and must be

approved by Charterer. Vessel's itinerary and geographic proximity

of completion cargo(es) will be taken into consideration by

Charterer in approval of such part cargo(es) in order not to unduly

impede delivery of SP cargo(es) to discharge port. Any additional

part cargoes proposed for approval after the freight fixture covered

by this charter party has been confirmed may be subject to a freight

rate reduction by Charterer/USAID.

29. Transshipment is prohibited.

30. The ocean carrier shall release clean original ocean Bills of Lading

to Shipper (SP) c/o their agent, International Services Corp.,

promptly upon completion of loading of each commodity supplier's

cargo.

Charterers require issuance of Bills of Lading to their protective

Agent at load port within 48 hours of receipt of Master Bill of

Lading from said agent.

31. The Mississippi River District including, but not north of, Port

Allen is to be considered as one port. The Columbia River District

including Portland is to be considered as one port. The San

Francisco Bay Area including Sacramento and Stockton is to be

considered as one port.

32. FREIGHT PAYMENT

A. If there is any failure on the part of the ocean carrier

to perform the contract after the vessel tendered at the

loading port, the Charterers or its designated agent shall

be entitled to incur all expenses which, in the judgment of

the United States Department of Agriculture/Charterers, are

required to enable the vessel to undertake and carry out her

obligations under the Charter Party, including the expenses

for lifting any liens asserted against the vessel. Such

expenses may be deducted from the freight earned under the

Charter Party notwithstanding any prior assignments of

freight made by the Owners or operators.

B. Notice of Arrival Required

(1) Payment of ninety percent (90%) of freight will

be made in accordance with terms of the Charter Party

as promptly as is administratively feasible after receipt

by Samaritan’s Purse, or its agent, International Services

Corp., of freight payment from USAID and after

satisfactory notice from Samaritan’s Purse, or its agent,

International Services Corp., of the vessel's arrival at

first port of discharge. This notice will be a part of

documentation required to be presented by the carrier as a

condition to payment.

(2) A notice of arrival will not be required in the event

the vessel is lost or unable to proceed to destination

after completion of loading because of damage caused

by the perils of the sea or other waters, collision,

stranding, jettison, wreck, fire from any cause, Act

of God, public enemies or pirates, or by arrest or

restraint of Princes, rulers or peoples without the

fault of the suppliers of the ocean transportation,

wars, public disorders, captures or detentions by

public authorities in the interest of public safety,

provided the vessel Owners or Operators supply

evidence satisfactory to the Charterers of such

disability.

(3) The notice of arrival must be furnished promptly by

the Cooperating Sponsor or its designated agent and must

include name of vessel, name of first port of discharge

and date of arrival.

(4) Ten Percent (10%) balance of freight will be made

following confirmation from Samaritan’s Purse or

its agent, International Services Corp., that Owners

have completed bagging of the cargo at discharge port

and have fulfilled their responsibilities under the

charter party.

C. Freight Payment Documentation Requirements

For payment of ninety percent (90%) of freight:

Voucher for payment of freight is to be submitted on a 1034

Voucher Form. (Each voucher form must include three (3) 1034

forms and one (1) 1034A Memorandum form). Fully completed

voucher is to be forwarded to International Services Corp.,

1629 K Street, N.W., Suite 700, Washington, D.C. 20006 and must

be supported by the following documents:

(a) Certified On-Board rated B/L with the following

certification:

"I CERTIFY THAT THIS DOCUMENT IS A TRUE AND CORRECT

COPY OF THE ORIGINAL ON-BOARD BILL OF LADING UNDER

WHICH THE GOODS HEREIN DESCRIBED WERE LOADED ON THE