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Exhibit Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Hull escorts confidential and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of PART I. Place and Date New York 30 April Great White Fleet Ltd.
Exhibit Portions of this exhibit have been omitted conidential to a request for confidential hull escorts confidential filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of PART I. Place and Date New York 30 April Great White Fleet Ltd. Flag: As per Exhibit A. As per Exhibit A.
Year Built: As per Exhibit A. Class: As per Exhibit A. Douglas See State 3. Place of Redelivery Hull escorts confidential 5 a. Trading Limits Cl. War and warlike zones always to be excluded. Excluded Cargoes in addition to those stated in Cl.
Owners and Charterers to discuss any exceptions to allowed cargo list in advance when hhll. Charterers to provide a list of commonly carried cargo, which may be reported as hazardous, oversize, radioactive, etc. This will not waive usual requirements for carrying such cargoes. Quantity of Hazardous Goods allowed CI. Period of Charter and Options, if any CI. Options to be declared by Charterer no later than days before the end of the Base Charter Period or Extension Option period. Hire Rate and currency CI.
Hull escorts confidential also Clause 37 Lumpsum settlements. See also Clause Commission and to jull payable CL.
Additional Clauses. ature Owners. ature Charterers. It is agreed on the date shown in Box 2 between hull escorts confidential party named in Box 3 as the Owners of the Vessel named in Box 5 and the party named confiedntial Box 4 as the Charterers as follows:.
If the Owners are unable to deliver the Vessel at the Place of Delivery as indicated in Box 11 for any reason beyond the control of the Owners, delivery shall take place at the nearest point to the nominated Place of Delivery to which the Vessel may safely and reasonably proceed. In accordance to ship stability and safety of cargo. Confidenhial also CL 17 in Part I. See also Clause 17 hulp Part I.
Cargoes banned by United Nations escprts to be excluded. The Owners shall deliver the Vessel in the Class indicated in Box 6 and in a thoroughly efficient state of hull and machinery and shall exercise due diligence to maintain the Vessel in such Class and in every way fit The Owners shall deliver the Vessel as delivered from Owner and shall maintain the Vessel in such class and in every way fit for the service throughout the period of this Charter Party.
The Owners shall provide and pay the costs of the following:. The above escoorts shall be escorrts by the crew if required, provided port and local labour regulations permit, and any overtime incurred shall be for the of the Owners. Such documentation shall be maintained during the currency of this Charter Party as necessary. Escortz Clause 11 a. Such details shall include:. Should the Charterers supply gear or equipment, the Master shall keep a record and care for them.
Such gear or equipment shall be redelivered to the Charterers in the same condition as when supplied fair wear and tear excepted. At ports where it is practically possible the Charterers shall procure that their local agents confjdential, upon request by the Master, make funds available hull escorts confidential him, which advances the Charterers may recoup from the Owners by deduction from the hire payments in accordance with Clause 8 d. Such payments shall be subject to a 2.
In this event any security required shall be provided by the Charterers. Under no circumstances shall the act of suspending performances be construed as a waiver by the Owners of hul right to withdraw in respect of the continuing failure to pay hire or any subsequent late payment of hire under this Charter Party. Throughout any period of suspended performance under this Clause, the Vessel is to be and shall remain on hire.
If such escort is incurred in a currency other than that in which hire is payable, conversion into such currency for the purpose of deduction shall be effected at the rate of exchange huol on the date the expenditure was incurred. Off Hire. Such option shall be declared not less than two months before the earliest possible redelivery hull escorts confidential of the period in which the confidentia hire occurred or, if less than two months before the earliest possible redelivery date, latest two weeks after the off hire period ended.
If the Charterers exercise their option to extend the charter period pursuant to this sub-clause, the charter period shall be deemed to include such extension and hire shall be payable at the rate s which would otherwise have been payable during esccorts period of off hire. Should the Vessel be lost, or become a constructive total loss, hire shall cease at UTC on the day of her loss or constructive total loss, and if missing, from UTC on the date when last heard of, and any hire paid in advance and not earned shall be returned to the Charterers and payment of any xonfidential due shall be deferred until the Vessel is reported safe.
See Clause 6 c. If the Charterers continue working by using shore-crane s the Vessel shall remain on hire and the Owners shall pay the cost of shore cranage to an amount not exceeding the amount of hire payable to the Owners for such period. The cost of same shall be equally split between the Escortss and the Charterers against presentation of original invoice and the result of the testing shall be shared between the parties.
Donfidential any claim should arise in respect of the quality or specification or grades of the fuels supplied, the remaining samples of the fuels retained as aforesaid shall be analysed by a qualified and independent laboratory not identical to that performing the fuel testing programme above. The Master shall be conversant with the English language and, although appointed by the Owners, shall at all times during the currency of this Charter Party be hll the orders and directions of the Charterers as regards employment, agency or other arrangements.
The Master shall prosecute all voyages with due dispatch and supervise loading and discharging operations to ensure that the seaworthiness of the Vessel is not affected. The Charterers may supply the Master with weather routeing information during the currency of this Charter Party. All documents received by the Charterers shall be returned to the Owners on redelivery. The Owners undertake to produce copies of all such documentation promptly upon request of the Charterers.
hull escorts confidential
The Charterers shall then have the right to order the laying-up of the Vessel at any time and for any period of time at a safe berth or safe place escorrs their option, and in the event of such laying up the Owners shall promptly take reasonable steps to effect all the economies in operating costs. The Charterers shall give sufficient notice of their intention in this respect to enable the Owners to make necessary arrangements for decommissioning and recommissioning. The Owners must give prompt credit to the Charterers for all economies achieved.
The Charterers shall be bound by all measures cknfidential by the Owners in order to confidentoal payment of salvage and hull escorts confidential settle its amount. Both surveys shall cover the condition of the Vessel and her equipment as well as quantities of fuels remaining on board. The Owners shall instruct the Master to co-operate with the surveyors in conducting such surveys.
Non-compliance with the provisions of this Clause shall amount to breach of warranty for the hull escorts confidential of which the Charterers shall be liable and shall hold the Owners, the Master and the crew of the Vessel harmless and shall keep them indemnified against all claims whatsoever which may arise and be confidentual against them individually or tly.
See also Clause 65, Drug-Smuggling Clause. The Master shall use his best efforts to obtain written acknowledgement by the party or parties causing damage unless the damage has been made good in the meantime.
The Charterers shall pay for stevedore damage whether or not payment has been made by stevedores to the Charterers. The Charterers shall indemnify the Owners and the Master against all consequences and liabilities arising therefrom. The Charterers shall also indemnify the Owners for all loss, costs and expenses suffered by the Owners in procuring the release of hull escorts confidential Vessel where the Vessel is arrested by virtue of an act or omission of the Charterers, their servants or agents.
The Owners authorise the Charterers to grant extensions of time in respect of such claims provided the Charterers give the Owners immediate notice thereof. In respect of any Cargo Claims as between the Owners and the Charterers, brought under this sub-clause 19 eunless extensions of time have been sought or obtained from one party by the other or notice of arbitration has been given by either party, such claim s shall be deemed to be waived and absolutely time barred upon the expiry of two years reckoned from the date when the cargo was or should have been delivered.
When the Hamburg Rules apply compulsorily the above time bar shall be extended to three years. If successful, any unrecovered costs of such proceedings shall be borne equally between the Owners and the Charterers. If unsuccessful, the costs shall be borne by the party responsible under the terms of this Charter Party for the factor which caused the proceedings to fail. If hull escorts confidential than one factor contributed and the Owners and the Charterers were each responsible for at least one factor the costs shall be borne equally.
hull escorts confidential The Owners. The Charterers shall arrange for reefer repair kit and manuals to be placed on board the Vessel which shall include specialised tools and spare parts. The Charterers to pay for such works as stated in Box If, however, resources on board are still insufficient, the Owners shall immediately notify the Charterers so esccorts may take action to obtain any required spares or specialised repair facilities. Except as provided above, the Owners shall not be liable for malfunctioning of integral refrigerated containers and power packs put on board by the Confldential.
In respect of blown-air containers, the Owners shall be responsible only to maintain the supply of air at the required temperature to the containers, provided proper instructions are given to the Master by the Charterers and the containers are presented at the carriage temperatures. As between the Owners and the Charterers, responsibility for any loss, damage, delay or failure of performance under this Charter Party not dealt with in Clauses 18 and 19 shall be subject to the following mutual exceptions:.
Nothing herein stated is to be construed as a demise of the Vessel to the Charterers. The Owners shall remain responsible for the of the Vessel, acts of pilots and tug boats, insurance, crew, and all other matters, same as when trading for their own. Upon 10 days notice to the Charterers, the Owners shall be entitled to effect any reasonable change to the insured value of the Vessel. The Owners agree that their insured value for the purpose of this Clause shall represent the Charterers maximum liability to the Owners for damage to the Vessel in accordance with Clause 16 hincluding time spent on repairs.
Should the Vessel be within any such place as aforesaid, which only becomes dangerous, or is likely to be or to become dangerous, after her entry into it, she shall be at liberty to leave it. Failing such nomination by the Charterers within 48 hours of the receipt of such notice and request, the Owners may discharge the cargo at any safe port of their own choice. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association LMAA Terms current at the time when the arbitration proceedings are commenced.
The reference shall be to three arbitrators. A party wishing to refer a dispute confidentia arbitration shall-appoint its arbitrator comfidential send notice of such appointment in writing to the other party requiring the other party to appoint its own arbitrator within hulp calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the other party appoints its own arbitrator and gives notice that it has done so within the 14 days specified.
If the other party does not appoint its own arbitrator and give notice that it has done so within the 14 days specified, the party referring a dispute to arbitration may, without the requirement of any further prior notice to the other party, appoint its arbitrator as sole arbitrator and shall advise the other party accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by agreement.
Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator. The Owners shall pay a commission at the rate hull escorts confidential in Box 33 to the Broker s stated in Box 33 on any hire paid under this Charter Party or any continuation or extension thereof. If the full hire is not paid owing to breach of Charter Party by either of the eecorts the party liable therefor shall indemnify the Brokers against their loss of commission.
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