Date: Thursday, May 22, 2003
Re: Evergreen Declares Force Majeure

Dear NASA Member:

This is to notify you that a Force Majeure event commenced at the Port of New York /New Jersey on May 14, 2003 and is ongoing.

This Force Majeure event consists of a labor dispute that has effectively closed all Evergreen operations at Maher Terminals at Port Elizabeth, NJ for the specific vessels listed below and for all cargoes on board said vessels destined for and to be loaded in ports beyond. A condition that is entirely beyond Evergreen's control.

    Vessel            Voyage Number     Position
    M/V Reward     0059-054W               at berth 86
    M/V Repute      0155-040W               at berth 84
    M/V Refine       0062-041E                at anchorage
    M/V Result       0156-046W               at anchorage
    M/V Divine       0060-025W               at anchorage

Evergreen is now unable to move or deliver cargo through this Terminal or to perform any contract obligations which are in any way dependent on its ability to do so. While this Force Majeure condition is temporary, we have no way of knowing at this time when it will end.

Evergreen is seeking every legal alternative available as well as all resources to resolve this issue. We are continuing to expect a determination from these actions on almost and hour to hour basis which can still occur within the next 24 to 48 Hrs.

Upon achieving any determination from the courts or the NLRB, Evergreen has prepared contingency plans that seek the most immediate way that all customers can receive their cargo as quickly as possible.

Please note that this is a notification of Force Majeure it is not an attempt to terminate the agreement.

If you have any questions, please do not hesitate to contact us.

Best regards,
Gregory Taylor
North American Shippers Association