Attachment: GA EXECOM agreement to charter DUBLIN EXPRESS to ZIM Integrated Shipping Services Ltd., Haifa (ZIM). It is hereby agreed between:Hapag-Lloyd Aktiengesellschaft (HL) Nippon Yusen Kaisha Orient Overseas Container Line Ltd MISC Berhad (Hereinafter referred to as the Grand Alliance Lines) That:1. From around 10th MARCH, 2008 “DUBLIN EXPRESS”, (the “Vessel”) will be chartered to ZIM by GA Lines to be used as Vessel provision of ZIM to the ATX co-operation with the GA for a period of about eight months. 2. The Vessel will be made available to ZIM at Rotterdam, being the mid-point between discharge and loading operation. 3. ZIM intends to re-deliver the Vessel to GA Lines at a European port of the ATX pro-forma schedule to be mutually agreed on or about 8th November 2008 (+/- 7 days), but not later than 15th November 2008. ZIM will give 15/10/7/3/2/1 days notice regarding intended redelivery date. 4. Grand Alliance Lines shall be responsible for any delays of delivery to Charterer unless there is a default case as stipulated in the Grand Alliance off-hire/nonperformance rules set out in Clause 9 of the Grand Alliance Operating Agreement (Draft 2 – November 7th, 2007). If there is such default case and the Vessel becomes out of service, HL’s responsibility is limited to not receiving slot remuneration from Grand Alliance Lines as mentioned in clause 5 below for the period the Vessel is out of service 5. During the period when the Vessel is chartered to ZIM, HL will continue to receive allowances under the Slot Provision Settlement pursuant to clause 19.5 of the Grand Alliance Operating Agreement (Draft 2 – November 7th, 2007). The Vessel will not participate in the Voyage Cost Settlement under clause 19.6 during the period chartered to
ZIM. The Vessel remains a committed GA Fleet Vessel and shall remain included in the Virtual Ship calculations. 6. The hire agreed between GA and ZIM is US$ 31,000 per day or pro-rata per day for the Vessel. The same amount is to be settled in the Grand Alliance monthly financial settlement. 7. The Grand Alliance Lines will share the Slot Provision Settlement, the daily hire charge, and other joint costs related to this charter. It is agreed that the sharing key will be based on the Global Allocation Share (GAS). 8. GA members will compensate HL for those additional costs (if any) incurred for the purpose of preparing the Vessel to be able to perform and maintain this charter. Such costs are subject to GA agreement on the produced evidence and subject to actual invoices. 9. During the period whilst the Vessel is out of service with the Grand Alliance the off-hire/non-performance rules set out in the Grand Alliance Operating Agreement (Draft 2 – November 7th, 2007) shall be suspended, subject to: In the event that ZIM places the Vessel off-hire during its employment whilst out of Grand Alliance service, then the Slot Provision Settlement and the daily hire charge for the Vessel shall be suspended for the off-hire period. 10. For the avoidance of doubt, the above agreements constitute the understanding of the GA EXECOM regarding the Vessel in implementing a charter arrangement to ZIM. In order to specify the rights and liabilities between the Charterer and the Owner, a separate charter party shall be agreed between ZIM as Charterer and HL as Owner based upon HL executed pro-forma C/P. 11. An administration fee of US$50 per day will be paid to HL for the chartering of the Vessel. Hong Kong, 6th March, 2008.