This Agreement made this Twenty-eighth day of November, 1956, between RAILWAY EXPRESS AGENCY, INCORPORATED and NIPPON EXPRESS COMPANY, LIMITED, a corporation; WITNESSETH: For good and valuable consideration the parties here to agree that the agreement made by them on February 1, 1956 is hereby amended effective the date hereof as follows: SECTION 3 is hereby amended by adding the following paragraph: "All rates, charges, rules and/or regulations and additions thereto and changes therein agreed to by the parties hereto applicable for the services to be performed by the steamship company shall be furnished promptly to the Federal Maritime Board, Washington 25, D.C., U.S.A. and the competent Japanese government authorities, Tokyo, Japan." The word "of" in line one of Section 6 is hereby changed to read "to". "(a) This agreement shall become effective on the date it is ap- SECTION 9(c) is hereby changed to read as follows: "(c) This agreement shall terminate forthwith in the event that "(e) In the event the agreement is assigned to the successors or 47063 0-60-pt. 1, v. 1– Agreement No. 8161 SECTION 9 is further amended by the addition of sub-paragraph (f) as follows: "(f) Prompt notice of cancellation of the agreement shall be given to the Federal Maritime Board, Washington 25, D.C., U.S.A. and the competent Japanese government authorities, Tokyo, Japan." This Agreement made in the City of New York, New York on the First day of February, 1956 between RAILWAY EXPRESS AGENCY, INCORPORATED, a Delaware corporation having its principal office at 219 East 42nd Street, New York 17, New York (hereinafter called REA) and NIPPON EXPRESS COMPANY, LIMITED a corporation, organized and existing under the laws of Japan, having its principal office at 2,2-chome, Muromachi, Nihonbashi, Chuo-ku, in the City of Tokyo, Japan, (hereinafter called NEC). WHEREAS, REA AND NEC are common carriers of goods and property within their respective countries and are organized and equipped to perform certain services customarily associated with the transportation of goods and property, and have offices in cities, towns and villages throughout their respective countries, and by reason of which they are in a position to further the development of the transportation of goods between points in the United States and points in Japan; and WHEREAS, the parties mutually desire to utilize their respective facilities in connection with the transportation of goods between points within the United States and points in Japan; and WHEREAS, the parties deem it mutually advantageous to enter into the arrangements hereinafter set forth and believe that the public interest will be served hereby; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. Promotion The parties hereto agree to use their respective organizations in the promotion and development of the transportation of property between various cities as may be mutually agreed upon from time to time by the parties in the United States and Japan. 2. Services It is the intention of the parties to provide a through transportation service on a single through bill of lading between points as may be mutually agreed upon in Japan and in the United States. The parties intend further, that on shipments originating in Japan, a through bill of lading in the form prescribed by NEC shall be issued, that REA shall accept such shipments at the port city in the United States as agent for NEC and agrees to effect delivery of such shipments to the consignees named in NEC's bill of lading and for this purpose NEC constitutes and appoints REA as its agent to effect delivery. On shipments originating in the United States, the parties intend that a through bill of lading in the form prescribed by REA shall be issued, that NEC shall Agreement No. 8161 accept such shipments at the port city in Japan as agent for REA and agrees to effect delivery of such shipments to the consignees named in REA's bill of lading and for this purpose REA constitutes and appoints NEC as its agent to effect delivery. 3. Payment Out of the through transportation revenues which may be collected either by REA or NEC, REA shall be entitled to all transportation revenues accruing from transportation services performed between point of origin or destination in the United States and shipside at the United States port of entry or exit and NEC shall be entitled to all transportation revenues acering from transportation services performed between point of origin or destination in Japan and shipside at port of entry or exit in Japan. In addition to the foregoing, and irrespective of the form of bill of lading which may be used, each party shall receive a su equal to one-half the difference between the transportation charges paid to the steamship company for its transportation services and the charges paid by either the shipper or the consignee to either REA or NEC for the services performed by the steamship company. The parties shall consult, confer and co-operate with respect to the fixing of rates and charges to be made for the respective service to be performed by each, provided, however, that the final decision as to rates and charges shall rest with the party who is to perform the services, and provided further, that the rates and charges to be assessed for the services to be performed by the steamship company, shall be mutually agreed upon by the parties. 4. Furnishing of Supplies, Tariffs And Advertising Matter The parties agree to exchange advertising matter, displays, and sales and promotional material as may be necessary to accomplish the development of traffic between the United States and Japan. The parties further agree to distribute such material to and through their personnel and to exhibit such material at such offices as shall be mutually agreed upon. The parties shall exchange copies of official tariffs and other information necessary to the proper handling and promotion of traffic as contemplated herein. 5. Accounting and Reports The parties shall account to each other in United States funds for the payments provided for in Section 2 hereof and such accounting shall be made at such time and for such periods as may be mutually agreed upon in writing from time to time and payments between the parties shall be made on the basis thereof. The partics here to shall use their best efforts in the event of undercollection to collect any shortages from consignor or consignee, as may be proper. It is understood and agreed, however, that as between the parties hereto no liability |