Remedies for Delinquency, Insolvency, or Termination of Contract
Where an account is delinquent, or where the Authority reasonably determines that a customer is insolvent, in financial distress, or has terminated its contractual relationship with the Authority, the Authority may, at its sole discretion and without liability, take one or more of the following actions:

• Place cargo in HOLD status, prohibiting entry into or exit from Authority terminals;
• Deny or delay berth assignments, or detain vessels, subject to applicable maritime safety and navigational regulations;
• Require immediate prepayment of all charges, including but not limited to wharfage, dockage, handling, storage, and administrative fees.

These remedies are cumulative and non-exclusive. Cargo and/or vessel operations may resume only upon full payment of outstanding charges or upon execution of mutually acceptable payment arrangements, subject to the approval of the Authority’s Finance Department.

Remedies for Non-Payment, Breach, or Default
In addition to the remedies specified above, and without waiving any rights available under law, equity, contract, or this tariff, the Authority reserves the right to take the following enforcement actions under the circumstances listed below.

Triggering Conditions Include:

• Non-payment or delinquency (invoice unpaid more than thirty (30) days after issuance);
• Termination of a lease, services agreement, or user license with the Authority;
• Bankruptcy, receivership, or insolvency of the customer or its parent entity;
• Misrepresentation of financial condition or failure to maintain approved credit terms;
• Repeated or material breach of this tariff or any applicable agreement with the Authority.

Remedies Include:

• Placing a hold on any cargo in transit to, stored at, or scheduled for movement through Authority terminals (including import, export, or transshipped cargo);
• Refusing to assign berth space or detaining vessels until financial obligations are resolved, subject to applicable safety regulations;
• Suspending or revoking any extended credit privileges and requiring advance payment for all current or future terminal services;
• Restricting or revoking access to the Authority’s terminals, systems, or facilities;
• Notifying third parties (including vessel owners, agents, shippers, consignees, and inland carriers) of the delinquency or enforcement action;
• Initiating legal or collection proceedings to recover all unpaid charges, interest, penalties, attorney’s fees, and costs of collection.

These remedies may be exercised individually or in combination, and they supplement rather than limit those provided in Rules 34-040, 34-095 or any applicable written agreement. Failure by the Authority to enforce any remedy shall not be construed as a waiver of the right to enforce such remedy in the future.