AMENDMENT NO. 1 TO TP1 SPACE CHARTER AND
TRANSPORTATION SERVICE CONTRACT
This Amendment No. 1 (hereafter may be referred to as the “Amendment No. 1”) amends the TP1 Space Charter and
Transportation Service Contract executed on May 9, 2004 between Horizon Lines, LLC and A.P. Moller as managing owner for
and on behalf of A.P. Moller-Maersk A/S trading as Maersk Sealand (hereafter may be referred to as the “Agreement”). This
Amendment No. 1 is entered into by and between Horizon Lines, LLC (hereafter may be referred to as “Horizon”) and A.P.
Moller as managing owner for and on behalf of A.P Moller-Maersk A/S now trading as Maersk Line (hereafter may be referred
to as “Maersk”). Horizon and Maersk shall each be considered a “Party” to this Amendment No. 1, and shall collectively be
considered the “Parties”.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in receipt of consideration, the sufficiency
of which is hereby acknowledged, the Parties hereto agree as follows:
Except for the second line of Article 3(2) where “Maersk Sealand” shall be replaced with “Maersk Line”, all inferences in
the Agreement to “Maersk Sealand” or “Maersk Sealand’s” shall be changed to “Maersk” or “Maersk’s” respectively.
Any reference to the TP1 Service in the Agreement that is not specifically addressed by a section in this Amendment shall
also apply to the New TP1 Service (defined below) after the New TP1 Service is fully effective.
Amend Article 3(2) of the Agreement by inserting the following new sentence: “The Parties agree that all affiliates of A.P.
Moller-Maersk A/S shall have the ability to also exercise the rights of Maersk under this Agreement.”
4. (a) Amend the first paragraph of Article 4 of the Agreement to add a new second sentence to read: “First Revised
Appendix 2, attached hereto, replaces and supersedes Appendix 2 on the specific dates referred to herein.”
(b) Amend the third paragraph of Art