INSTRUCTION NO.ESD LETTER OF GUARANTEE. (by contract number version) Used by shipper: In connection with EVERGREEN Contract No.

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1 INSTRUCTION NO.ESD RE: TO ACCEPT SHIPPER-OWNED CONTAINER --ATTACHMENT II SUBJECT: SHIPPER OWNED CONTAINER(S) LETTER OF GUARANTEE (by contract number version) Used by shipper: In connection with EVERGREEN Contract No.: Contract Effective Date: Expiration Date: Port Pair From to : : This FORM No. ESDDCS-I-001B-00 is for the use of ISO container listed in attached table only. THE USE OF THE CONTAINER(S) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT AND ACCEPTED BY THE SHIPPER. (EVERGREEN LINE as referred herein means the carriers consisting of Evergreen Marine Corp. (Taiwan) Ltd. Italia Marittima S.p.A. Evergreen Marine (UK) Ltd. Evergreen Marine (Hong Kong) Limited and Evergreen Marine (Singapore) Pte. Ltd., hereinafter jointly referred to as the Carrier ) 1. Shipper shall take the responsibility to pay or reimburse including but not limited to all rental, repair charges or on-hire/off-hire charges which might result from the use of the (s). 2. It is Shipper s duty to check and assure the conditions of the (s) is (are) in conformance with CSC (International Convention for Safe, or any statutory modification or re-enactment thereof) standard. Shipper shall be fully responsible for any loss including but not limited to cargo damage and/or human injury, directly or indirectly, caused by failure/defect of the (s). FORM NO. ESDDCS-I-001B-00 1

2 3. Shipper has to guarantee that the size of (s) shall conform with gauge of ISO standard (Attached table is the specification for guidance). With the condition that (s) is (are) out gauged, Shipper is obligated to notify Carrier in writing in advance, and assume the extra cost generated by the event(s) of out gauged (s). Any failures by Shipper to do so, Shipper hereby irrevocably and unconditionally undertake to indemnify and hold Carrier harmless against the losses, damages, costs and expenses of whatsoever nature which Carrier may sustain or suffer, directly or indirectly, arising out or in connection thereof. 4. Carrier shall not be responsible for normal tear and wear of and/or for any damage to or loss of the (s) except a total loss or constructive destruction to a un-repairable extent caused by Carrier s gross negligence or willful misconduct whilst in Carrier's possession evidenced by Stevedore Damage Report or vessel's Sea Protest. 5. When the (s) have been released to Consignee(s) as evidence by the Equipment Interchange Receipt, in no event shall Carrier be responsible for Shipper and/or Consignee(s) s failure of complying with the local rules and regulations to re-export the (s) within the time limitation. Any failure by Shipper and/or Consignee(s) to do so, Shipper hereby irrevocably and unconditionally undertake to indemnify and hold Carrier harmless against the losses, damages, costs and expenses of whatsoever nature which Carrier may sustain or suffer, directly or indirectly, arising out or in connection thereof. 6. Shipper must notify Consignee(s) who also shall confirm in writing as attached to this Letter of Guarantee not to return the (s) to Carrier's terminals and/or depots. However, chassis that are owned, leased or operated by Carrier must be returned to Carrier s assigned depot or terminal. In case any (s) is (are) returned to Carrier's terminals and/or depots, Shipper shall be responsible for the storage, rental loss, reposition ocean freight and handling charges of the (s) if any. Carrier should be indemnified of all costs to position the (s) to the place where is acceptable to the Shipper or its consignee. 7. In order not to cause any delay of export and Customs penalties, Shipper has to return his laden (s) to assigned depot/terminal and provide related documents as required to loading port agent/office as early as possible for timely filing to Customs. Shipper shall be responsible for any delay of export or the possible penalty due to the reasons mentioned above. 8. In the case of any refrigerated (s), the followings shall apply: 8.1 Shipper further acknowledges that neither Carrier nor any of its employees, servants, agents and/or sub-contractors are in any way responsible for the technical condition of such (s). Shipper hereby undertakes the correct and suitable pre-setting of such (s), and the continuing functioning of them and their machinery of whatsoever nature will be Shipper s responsibility. FORM NO. ESDDCS-I-001B-00 2

3 8.2 Carrier may, in its sole discretion, attempt, but shall not be obligated to, carry out repairs to such (s). Such repairs will be at Shipper s own risk and expense, and Shipper will indemnify and hold Carrier harmless against any liability, cost and/or expense directly or indirectly arising from such repairs carried out by Carrier or any damage (no matter direct or indirect) arising out of the cargos and the goods contained therein. If any malfunction or defect in such (s) could be investigated or repaired in a port, Carrier may, with a written notice to Shipper, attempt, but shall not be obligated to, order a shore-based service at Shipper s own risk and expense. 8.3 Carrier shall have the liberty to discharge any defective (s) which can not be repaired on board, at any port. If repairs could not be carried out and completed before the vessel s departure, Carrier can leave the defective (s) in that port and ship them to the destination by any feasible vessel after receiving clear instruction from Shipper. All costs and expenses incurred out thereof shall be for Shipper s account, including but not restricted to the costs or expenses for re-stowage (if necessary), on-carriage, spare parts replaced, disposal costs (in the event that the cargo is either dangerous or subject to destruction orders), storage, Customs, and any other costs associated with such operation. 8.4 In the event of any proceeding being commenced against Carrier or any of its employees, servants agents and/or sub-contractors in connection with the carrying out the repairs and/or operation particularly specified in this Clause 8, Shipper hereby undertakes to provide Carrier or any of its employees, servants agents and/or sub-contractors from time to time with adequate assistance of whatsoever nature and reimburse Carrier or any of its employees, servants agents and/or sub-contractors for sufficient fund to meet the requirements of such proceedings (including, without limitation, the legal fees and/or disbursements of counsel). BY: (NAME) (SIGNATURE) (DAY/MONTH/YEAR) (COMPANY'S NAME) (ADDRESS) FORM NO. ESDDCS-I-001B-00 3

4 Attached Table Size Specification 20' 8' Height Steel Dry Cargo 20' Steel Dry Cargo 40' 8' Height Steel Dry Cargo Exterior Metric System Length Width Height Length Width Height 20'-0" 8'-0" 8'-0" 6.058m 2.438m 2.438m 40'-0" 8'-0" 8'-0" m m m 40' Steel Dry Cargo 40' Hi-Cube Steel Dry Cargo 45' Hi-Cube Steel Dry Cargo 45'-0" 8'-0" 9'-6" m m m Size Specification 20' M.G.S.S. Refrigerated 40' M.G.S.S. Hi-Cube Refrigerated 20' Aluminum Refrigerated 40' Hi-Cube Aluminum Refrigerated 20' Full Height Open Top 40' Full Height Open Top Exterior Metric System Length Width Height Length Width Height FORM NO. ESDDCS-I-001B-00 4

5 48' Open Top 48'-0" 8'-0" 9'-6" m 2.438m 2.896m 20 'Flat Rack with Four Freestanding Posts 40' Flat Rack with Four Freestanding Posts 20' Flat Rack with Collapsible End 40' Flat Rack with Collapsible End 20' 4'7'' Height Tank 20' 6'8" Height Tank 20'-0" 8'-0" 4'7" 6.058m 2.438m 1.4m 20'-0" 8'-0" 6'-8" 6.058m 2.438m 2.035m 20' 8' Height Tank 20'-0" 8'-0" 8'-0" 6.058m 2.438m 2.438m 20' Fuel Tank 40' 8' Height Tank 40'-0" 8'-0" 8'-0" m 2.438m 2.438m 40' Fuel Tank FORM NO. ESDDCS-I-001B-00 5