CITGO INTERNATIONAL SUPPLY COMPANY CLAUSES
STYLE: Citgo International Supply Company or Citgo Petroleum
Corporation or Citgo Venuezuela Supply Company (revised 5/90)
CHARTER PARTY: Asba Tank
1. REVISED TOVALOP CLAUSE
IT IS UNDERSTOOD AND AGREED THAT THE TOVALOP CHARTER PARTY
CLAUSE 1987, AS PER COPY ATTACHED HERETO, IS DEEMED
INCORPORATED IN THIS CHARTER PARTY.
2. YORK/ANTWERP
YORK/ANTWERP RULES, 1974, AS AMENDED, SHALL APPLY FOR
ADJUSTMENT OF GENERAL AVERAGE.
3. U. S. COAST GUARD COMPLIANCE
VESSEL TO COMPLY WITH PROVISIONS OF THE U.S. COAST GUARD
REGULATIONS FOR FEDERAL WATER CONTROL POLLUTION ACT CFR33,
SECTION 154, 155, 156, AS AMENDED, EFFECTIVE JULY 1, 1974,
AND ANY DELAY TO VESSEL AS A RESULT OF FAILURE TO COMPLY
TO BE FOR OWNER'S ACCOUNT.
4. FINANCIAL RESPONSIBILITY
OWNER WARRANTS TO HAVE SECURED AND CARRY ABOARD THE VESSEL A
U.S. FEDERAL MARITIME COMMISSION'S CERTIFICATE OF FINANCIAL
RESPONSIBILITY AS REQUIRED UNDER THE U.S. WATER QUALITY
IMPROVEMENT ACT OF 1970 (EFFECTIVE 0001 APRIL 3, 1971). IN
NO CASE SHALL CHARTERERS BE LIABLE FOR DEMURRAGE AS A RESULT
OF OWNER'S FAILURE TO OBTAIN THE AFOREMENTIONED CERTIFICATE.
5. PUMPING
OWNER WARRANTS THAT VESSEL WILL DISCHARGE THE ENTIRE CARGO
WITHIN 24 HOURS OR MAINTAIN 100 PSI AT THE VESSELS MAINFOLD
PROVIDING SHORE FACILITIES CAN ACCEPT. ANY DELAYS DUE TO
VESSELS INABILITY TO DISCHARGE WITHIN 24 HOURS OR MAINTAIN 100
PSI AT THE VESSELS MANIFOLD WILL BE FOR OWNERS ACCOUNT AND
WILL NOT COUNT AS LAYTIME OR DEMURRAGE. OWNER WILL PROVIDE A
COPY OF THE VESSELS PUMPING RECORD COUNTERSIGNED BY A TERMINAL
REPRESENTATIVE WITH THE DEMURRAGE CLAIM.
6. BUNKER INSPECTION
OWNER TO ALLOW CHARTERERS INDEPENDENT INSPECTORS TO SURVEY
BUNKERS ON VESSELS LOADING AND DISCHARGING.
7. CARGO RETENTION
IN THE EVENT THAT ANY CARGO REMAINS ON BOARD UPON COMPLETION
OF DISCHARGE, CHARTERER SHALL HAVE THE RIGHT TO DEDUCT FROM
FREIGHT AN AMOUNT EQUAL TO THE FOB PORT OF LOADING VALUE OF
SUCH CARGO PLUS FREIGHT DUE WITH RESPECT THERETO, PROVIDED
THAT THE VOLUME OF CARGO REMAINING ON BOARD IS PUMPABLE BY
VESSELS STRIPPING SYSTEM AS DETERMINED BY AN INDEPENDENT
SURVEYOR. ANY ACTION OR LACK OF ACTION IN ACCORDANCE WITH THE
PROVISION SHALL BE WITHOUT PREJUDICE TO ANY RIGHTS OR
OBLIGATIONS OF THE PARTIES.
OWNER AGREES TO SHARE EQUALLY WITH CHARTERER ALL EXPENSES
INCURRED WITH REGARD TO USING AN INDEPENDENT SURVEYOR.
8. INERT GAS SYSTEM
OWNER WARRANTS THAT VESSEL HAS A WORKING INERT GAS SYSTEM AND
OFFICERS AND CREW ARE EXPERIENCED IN THE OPERATION OF THE
SYSTEM. OWNERS AGREE TO DEPRESSURIZE THE TANKS OF INERT GAS-
EQUIPPED VESSEL FOR ULLAGE MEASUREMENTS BY DESIGNATED
INSPECTORS.
9. CRUDE OIL WASHING (REVISED 5/90)
IF REQUESTED IN CHARTERER'S VOYAGE INSTRUCTIONS, OWNER AGREES
TO CONDUCT CRUDE OIL WASHING OF CARGO TANKS AT DISCHARGE
PORT(S) SIMULTANEOUSLY WITH CARGO DISCHARGE OPERATIONS. IN
ACCORDANCE WITH THE PROCEDURES OF ICS/OCIMF "GUIDELINES FOR
TANKWASHING WITH CRUDE OIL" IN, THE ABSENCE OF EXPRESS
CONTRARY INSTRUCTIONS OF THE CHARTERER. ANY ADDITIONAL TIME
CONSUMED AS A RESULT OF CRUDE OIL WASHING UP TO A MAXIMUM OF
EIGHT(8) HOURS OR PRO RATA ON THE BASIS OF THE NUMBER OF TANKS
CLEANED TO THE NUMBER OF TANKS LOADED SHALL CONSTITUTE USED
LAYTIME. OWNER AGREES TO COMPLY WITH APPLICABLE PORT AND
TERMINAL REGULATIONS AND IF NECESSARY TO SUBMIT ANY ADVANCE
INFORMATION OR TECHNICAL DATA THAT MAY BE REQUIRED BY LOCAL
AUTHORITIES RELATIVE TO C.O.W. OPERATIONS. OWNER WILL
INSTRUCT DISPORT AGENTS TO RECORD COW DATE/TIMES ON STATEMENT
OF FACTS.
IF AFTER CHARTERER REQUESTS C.O.W, THE VESSEL FAILS TO C.O.W.
ANY MEASURABLE CARGO RETAINED ON BOARD SHALL BE DEEMED LIQUID
AND PUMPABLE, AND CHARTERER SHALL HAVE THE RIGHT TO DEDUCT
FROM FREIGHT AN AMOUNT EQUAL TO THE FOB PORT OF LOADING VALUE
OF SUCH CARGO PLUS FREIGHT DUE WITH RESPECT THERETO.
10. SHIP-TO-SHIP TRANSFER CLAUSE
CHARTERERS SHALL HAVE THE OPTION TO LOAD OR DISCHARGE THE
VESSEL VIA SHIP-TO-SHIP TRANSFER, WEATHER PERMITTING AND
SUBJECT TO MASTERS APPROVAL WHICH IS NOT TO BE UNREASONABLY
WITHHELD, AT ANCHOR, UNDERWAY OR ADRIFT. CHARTERERS WILL
PROVIDE ADEQUATE FENDERS, HOSES AND EQUIPMENT NECESSARY TO
PERFORM THE LIGHTERING OPERATION. OWNERS AGREE TO ALLOW
CHARTERERS SUPERVISORY PERSONNEL ON BOARD, INCLUDING MOORING
MASTER, TO ASSIST IN THE PERFORMANCE OF THE LIGHTERING
OPERATION.
ALL TIME CONSUMED FROM VESSELS ARRIVAL AT THE TRANSFER
LOCATION UNTIL CARGO HOSES ARE DISCONNECTED SHALL COUNT AS
USED LAYTIME AS CALCULATED IN PART II EXCEPT THOSE DELAYS
CAUSED BY WEATHER CONDITIONS WHICH SHALL COUNT AS ONE HALF
LAYTIME OR IF ON DEMURRAGE AS ON HALF DEMURRAGE. THE
LIGHTERING LOCATION SHALL NOT COUNT AS AN ADDITIONAL DISCHARGE
PORT OR DISCHARGE BERTH WHEN COMPUTING FREIGHT BASED ON
PUBLISHED WORLDSCALE RATES.
11. IN-TRANSIT LOSS CLAUSE
OWNER SHALL BE LIABLE FOR IN-TRANSIT LOSS OF CARGO ABOVE .25%
AND CHARTERER SHALL HAVE THE RIGHT TO DEDUCT FROM FREIGHT AN
AMOUNT EQUAL TO THE F.O.B. PORT OF LOADING VALUE OF SUCH LOST
CARGO PLUS FREIGHT DUE WITH RESPECT THERETO. IN-TRANSIT LOSS
IS DEFINED AS THE DIFFERENCE BETWEEN THE A.P.I. TOTAL
CALCULATED SHIP VOLUMES AFTER LOADING AT THE LOADING PORT(S)
AND BEFORE UNLOADING AT THE DISCHARGING PORT(S). CARGO
QUANTITIES WILL BE DETERMINED BY INDEPENDENT INSPECTORS
ACCOMPANIED BY SHIP PERSONAL AND QUANTITIES SO DETERMINED
SHALL BE FINAL. OWNER SHALL HAVE THE BURDEN OF PROVING, BY
PREPONDERANCE OF EVIDENCE, ANY OTHERWISE AVAILABLE DEFENSE
RESPECTING A LOSS ABOVE .25%. LIQUID PUMPABLE CARGO REMAINING
ON BOARD AFTER COMPLETION OF DISCHARGE SHALL NOT BE DEFINED
AS AN IN-TRANSIT LOSS. ANY ACTION OR LACK OF ACTION IN
ACCORDANCE WITH THIS PROVISION SHALL BE WITHOUT PREJUDICE TO
ANY RIGHTS OR OBLIGATIONS OF THE PARTIES.
12. JURISDICTION CLAUSE
THE ARBITRATION CLAUSE OF THIS CHARTER PARTY NOTWITHSTANDING,
DISPUTES CONCERNING NON-DELIVERY OR DAMAGE TO CARGO MAY, AT
CHARTERER'S OPTION, BE SUBMITTED FOR ADJUDICATION TO THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK AND BOTH PARTIES HEREBY SUBMIT TO THE JURISDICITON OF
THAT COURT FOR SUCH PURPOSES.
13. CITGO BILL OF LADING AND INDEMNITY CLAUSE (NEW 5/90)
THE DISCHARGE PORT(S) SHOWN IN THE ORIGINAL BILL OF LADING
SHALL NOT CONSTITUTE A DECLARATION OF DISCHARGE PORT(S) AND
CHARTERERS SHALL HAVE THE RIGHT TO ORDER VESSEL TO ANY PORT(S)
WITHIN THE TERMS OF THIS CHARTER PARTY. CHARTERERS HEREBY
INDEMNIFY OWNERS AGAINST CLAIMS BROUGHT BY HOLDERS OF ORIGINAL
BILLS OF LADING AGAINST OWNERS BY REASON OF CHANGE OF
DESTINATION.
SHOULD THE BILL OF LADING NOT ARRIVE AT THE DISPORT IN TIME,
OWNERS AGREE TO RELEASE THE ENTIRE CARGO WITHOUT PRESENTATION
OF THE ORIGINAL BILLS OF LADING AT A FACILITY OR FACILITIES
DESIGNATED BY CHARTERER IN VOYAGE ORDERS WITHOUT PRESENTATION
OF ORIGINAL BILLS OF LADING CHARTERER AGREES TO ISSUE A TELEX
"LETTER OF INDEMNITY" IN THE FORM SET FORTH BELOW IF SO
REQUESTED.
IN THE EVENT THAT AN ORIGINAL BILL OF LADING IS NOT AVAILABLE
AT DISCHARGE PORT ON THE VESSEL'S ARRIVAL, OWNER WILL ACCEPT
THE FOLLOWING INDEMNITY FROM CHARTERERS:
TO OWNERS, MASTER AND AGENTS OF M/T________________________
BULK CARGO DESCRIBED AS____________________________________
WAS SHIPPED ON THE ABOVE VESSEL BY_________________________
AND CONSIGNED TO ___________________________FOR DELIVERY PER
CHARTERES INSTRUCTIONS THE RELEVANT BILL(S) OF LADING FOR
WHICH HAVE NOT YET ARRIVED.
IN CONSIDERATION OF OWNER DELIVERING THE CARGO IN ACCORDANCE
WITH___________________CHARTERER'S INSTRUCTIONS UNDER SUCH
CIRCUMSTANCES, CHARTERER AGREES AS FOLLOWS:
1. TO INDEMNIFY OWNER AND HOLD OWNER HARMLESS IN RESPECT OF
ANY LIABILITY, LOSS OR CLAIM OF WHATSOEVER NATURE WHICH
OWNER MAY SUSTAIN BY REASON OF DELIVERING THE CARGO IN
ACCORDANCE WITH CHARTERER'S REQUEST.
2. PROVIDED PROMPT NOTICE IS DELIVERED TO CHARTERER OF ANY
SUCH CLAIM, LOSS OR LIABILITY WITH FULL PARTICULARS AND
SUPPORTING PAPERS (WITH ANY REQUESTED ASSIGNMENT
OF CLAIM) TO PAY OWNER ON DEMAND THE AMOUNT OF ANY
LOSS OR DAMAGE WHICH THE MASTER AND/OR AGENTS OF THE
VESSEL OR ANY OTHER OF YOUR SERVANTS OR AGENTS
WHATSOEVER MAY INCUR AS A RESULT OF DELIVERING THE
CARGO AS AFORESAID.
3. IN THE EVENT OF ANY PROCEEDINGS BEING COMMENCED AGAINST
OWNER OR ANY OF ITS SERVANTS OR AGENTS IN CONNECTION WITH
THE DELIVERY OF THE CARGO AS AFORESAID, TO UNDERTAKE ON
OWNER'S BEHALF TO DEFEND THE SAME.
4. IF THE VESSEL OR ANY OTHER VESSEL OR PROPERTY BELONGING
TO OWNER SHOULD BE ARRESTED OR DETAINED AS A RESULT
DIRECTLY RELATED TO THIS DELIVERY WITHOUT BILL OF LADING
PER OUR REQUEST OR IF THE ARREST OR DETENTION THEREOF
SHOULD BE THREATENED, TO PROVIDE ON DEMAND SUCH BAIL OR
OTHER SECURTIY AS MAY BE REQUIRED TO PREVENT SUCH ARREST
OR DETENTION OR TO SECURE THE RELEASE OF SUCH VESSEL OR
PROPERTY AND TO INDEMNIFY OWNER IN RESPECT OF ANY LOSS,
DAMAGE OR EXPENSES CAUSED BY SUCH ARREST OR DETENTION
WHETHER OR NOT THE SAME MAY BE JUSTIFIED.
5. TO PRODUCE AND DELIVER TO OWNER ONE ORIGINAL BILL OF
LADING FOR THE ABOVE CARGO DULY ENDORSED, AS SOON AS THE
DOCUMENT SHALL BE AVAILABLE, AND IF THE DELIVERY AS
AFORESAID CORRESPONDS TO THE TERMS OF THE BILL OF LADING,
THIS INDEMNITY SHALL BE VOID.
6. THIS INDEMNITY SHALL BE CONSTRUED IN ACCORDANCE WITH U.S.
LAW AND EACH AND EVERY PERSON LIABLE UNDER THIS INDEMNITY
SHALL AT YOUR REQUEST SUBMIT TO THE JURISDICTION OF THE
UNITED STATES DISTRICT COURT IN NEW YORK.
7. ANY AND ALL AMOUNTS PAYABLE UNDER THIS UNDERTAKING TO BE
IN UNITED STATES DOLLARS.
14. LIGHTERING (REVISED 5/90)
IF LIGHTERING IS REQUIRED AT A CUSTOMARY LIGHTERING ANCHORAGE
FOR DESIGNATED PORT, TIME USED IN LIGHTERING SHALL COUNT AS
LAYTIME. LIGHTERING ANCHORAGE SHALL NOT BE CONSIDERED AS A
SECOND DISCHARGE PORT OR SECOND DISCHARGE BERTH, AND RUNNING
TIME FROM SUCH ANCHORAGE TO BERTH SHALL NOT COUNT AS LAYTIME
OR DEMURRAGE, IF LAYTIME HAS EXPIRED.
15. LAYTIME
IF FOR ANY REASON LAYTIME HAS EXPIRED, CHARTERER TO BE ALLOWED
THE BENEFITS OF CLAUSE 6, 7, AND 8, PART 2 AT EACH PORT OF
LOADING OR DISCHARGE BEFORE DEMURRAGE SHALL BE INCURRED.
16. WEATHER
DELAYS DUE TO WEATHER CONDITIONS AND THEIR EFFECT ON THE SEA
AT LOAD OR DISCHARGE PORTS IN BERTHING, LOADING, DISCHARGING
OR LIGHTERING SHALL COUNT AS ONE HALF LAYTIME OR IF ON
DEMURRAGE ONE HALF TIME ON DEMURRAGE.
17. AGENCY CLAUSE
OWNERS AGREE TO APPOINT AGENTS AS NOMINATED BY CHARTERERS AT
LOAD AND DISCHARGE PORTS.
18. BOARDING CLAUSE
OWNER AGREES TO ALLOW CHARTERER'S REPRESENTATIVE(S) TO BOARD
VESSEL AT LOAD AND/OR DISCHARGE PORTS TO OBSERVE CARGO
LOADING/DISCHARGING OPERATION.
19. CITGO SHORE RELEASE
TIME SPENT WAITING VESSEL RELEASE BY SHORE AUTHORITIES AND/OR
CARGO INSPECTORS AFTER DISCONNECTION OF HOSES IN EXCESS OF
THREE HOURS SHALL COUNT AS USED LAYTIME OR DEMURRAGE IF
VESSEL IS ON DEMURRAGE.
20. LAYDAYS-NOTICE OF READINESS(NEW 5/90)
IN THE EVENT THAT NOTICE OF READINESS IS GIVEN PRIOR TO
COMMENCEMENT OF LAYDAYS AS PROVIDED FOR IN PART I ARTICLE B,
LAYTIME SHALL NOT BEGIN UNTIL 0600 LOCAL TIME ON THE FIRST
DAY OF LAYDAYS OR UPON VESSEL'S ARRIVAL IN BERTH WHICHEVER
OCCURS FIRST.
21. HOSES(NEW 5/90)
OWNER AGREES TO CONNECT AND DISCONNECT HOSES IF SO REQUESTED
BY CHARTERERS AT OWNERS RISK AND EXPENSE.
22. CITGO DIVERSION CLAUSE(NEW 5/90)
NOT WITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS
CHARTER PARTY AND NOT WITHSTANDING WHAT LOADING AND/OR
DISCHARGE PORTS MAY HAVE BEEN NOMINATED AND BILL OF LADING
ISSUED, CHARTERERS SHALL HAVE THE RIGHT TO CHANGE ITS
NOMINATION OF LOADING AND /OR DISPORT IN ACCORDANCE WITH PART
I C AND D OF THE CHARTER PARTY. ANY EXTRA TIME AND EXPENSE
INCURRED BY OWNERS IN COMPLYING WITH CHARTERERS INSTRUCTIONS
SHALL BE FOR CHARTERERS ACCOUNT AND CALCULATED IN ACCORDANCE
WITH PART II CLAUSE 4 OF THIS CHARTER. FREIGHT TO BE BASED
ON THE VOYAGE ACTUALLY PERFORMED. CHARTERER SHALL HAVE THE
RIGHT TO MAKE AS MANY CHANGES AS IT DEEMS NECESSARY.
23. FLORIDA STRAIT TRANSIT CLAUSE(NEW 5/90)
VESSEL, WHEN TRANSITING THE FLORIDA STRAITS AREA FROM KEY
BICAYNE SOUTH TO THE DRY TORTUGAS SHALL ENDEAVER TO MAINTAIN
A MINIMUM DISTANCE OF TEN (10) MILES OFF THE OUTER
NAVIGATIONAL AIDS MARKING THE REEFS OFF THE FLORIDA COAST.
IT IS UNDERSTOOD AND AGREED THAT THE FIXTURE RATE INCLUDES
ALL COMPENSATION FOR VESSEL TRACK TAKEN.
24. DRUG AND ALCHOHOL POLICY(NEW 5/90)
OWNER WARRANTS THAT IT HAS A POLICY ON DRUG AND ALCOHOL ABUSE
(POLICY) APPLICABLE TO THE VESSEL WHICH MEETS OR EXCEEDS THE
STANDARDS IN THE OIL COMPANIES INTERNATIONAL MARINE FORUM
GUIDELINES FOR CONTROL OF DRUGS AND ALCOHOL ONBOARD SHIP,
DATED JANUARY 1990 (OCIMF). OWNER FURTHER WARRANTS THAT THIS
POLICY WILL REMAIN IN EFFECT DURING THE TERM OF THIS CHARTER
AND THAT OWNER SHALL EXCERCISE DUE DILIGENCE TO ENSURE THAT
THE POLICY IS COMPLIED WITH.
25. P & I INSURANCE(NEW 5/90)
OWNER WARRNATS THAT THEY HAVE IN PLACE COVER FOR OIL
POLLUTION OF U.S. $700 MILLION WITH HIS P & I CLUB AND THAT
THIS COVER WILL REMAIN IN PLACE THROUGHOUT THE PERIOD OF
THIS CHARTER.
IF REQUESTED BY CHARTERER OWNER SHALL PROMPLTY FURNISH TO
CHARTERER PROPER EVIDENCE OF SUCH P & I INSURANCE AND EXCESS
INSURANCE IMMEDIATELY UPON REQUEST OR AT ANY TIME DURING THE
CHARTER TERM.
THE ABOVE WARRANTY WHICH IS CONDITIONAL ON ITS TRUTH AND
PERFORMANCE, SO THAT ITS BREACH ENTITLES CHARTERER, IN
CHARTERERS OPTION TO TERMINATE THE CHARTER AND /OR RECOVER
ANY DAMAGES ALLOWABLE BY LAW.
26. EXCESS BERTH OCCUPANCY
IF AFTER HOSES ARE DISCONNECTED VESSEL REMAINS AT BERTH
SOLELY FOR SHIPS PURPOSES, OWNERS WILL BE RESPONSIBLE FOR
ANY COSTS CHARGED TO CHARTERERS BY TERMINAL, SUPPLIER OR
RECEIVERS.
IF VESSEL REMAINS AT CHARTERERS OWNED FACILITIES FOR ITS OWN
PURPOSES AND COSTS ARE INCURRED BY CHARTERER WHICH CAN BE
DOCUMENTED AND SUPPORTED SOLELY DUE TO VESSEL REMAINING AT
BERTH OWNER WILL BE RESPONSIBLE FOR ALL COSTS INCURRED.
27. SHIFTING(REVISED 5/90)
IF MORE THAN ONE BERTH AT LOADPORT(S) OR DISPORT(S) IS USED,
SHIFTING EXPENSES TO BE FOR CHARTERERS ACCOUNT, EXCEPT THAT
SHIFTING EXPENSES FROM THE ANCHORAGE TO FIRST BERTH WILL NOT
BE FOR CHARTERERS ACCOUNT.
DEBALLASTING TIME NEVER TO COUNT AS USED LAYTIME, EVEN IF
VESSEL IS ALREADY ON DEMURRAGE.
28. CITGO IMO/PTSR
OWNER WARRANTS VESSEL IS IN FULL COMPLIANCE WITH IMO AND U.S.
PORT AND TANKER SAFETY REGULATIONS AND ANY DELAYS DUE TO
FAILURE OF THIS WARRANTY SHALL BE FOR THE SOLE ACCOUNT OF
OWNER.
29. VESSEL ELIGIBILITY
OWNER WARRANTS THAT VESSEL IS IN ALL RESPECTS ELIGIBLE UNDER
APPLICABLE LAWS AND REGULATINS FOR TRADING TO THE PORTS AND
PLACES SPECIFIED IN PART I C & D. VESSEL SHALL AT ALL TIMES
HAVE ON BOARD ALL CERTIFICATES, RECORDS, & OTHER DOCUMENTS
REQUIRED FOR SUCH SERVICE.
30. LITIGATION/ARBITRATION
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY
SHOULD THE SUM CLAIMED BY EACH PARTY EXCLUDING INTEREST AND
COST NOT EXCEED U.S. $50,000.00 (FIFTY THOUSAND UNITED STATES
DOLLARS) THE DISPUTE IS TO BE GOVERNED BY THE "SHORTENED
ARBITRATION PROCEDURE" OF THE SOCIETY OF MARITIME ARBITRATORS
INC. (S.M.A.) OF NEW YORK, AS DEFINED IN THE SOCIETY'S
CURRENT RULES FOR SUCH PROCEDURE.
31. LOOP CLAUSE
OWNER WARRANTS THAT THE VESSEL IS IN COMPLIANCE WITH ALL
PROVISIONS OF THE UNITED STATES DEEPWATER PORT ACT OF 1974.
OWNER MUST CONTACT LOOP SCHEDULING SUPERINTENDENT TO MAKE
CERTAIN VESSEL COMPLIES WITH ALL INSURANCE CERTIFICATION
REQUIREMENTS OF U.S. DEEPWATER PORT ACT OF 1974.
ANY VESSEL DELAYS ATRIBUTED TO OWNERS FAILURE TO COMPLY WITH
LOOP REGULATIONS SHALL BE SOLELY FOR OWNERS ACCOUNT.
32. ECUADORIAN CLAUSE
OWNER TO PAY DUES AND OTHER CHARGES LEVIED ON VESSEL EVEN IF
ASSESSED ON QUANTITY OF CARGO LOADED. CHARTERERS TO PAY:
1. NON ECUADORIAN FLAG WAIVER FEE OF 3.5 WS PTS.
2. LIGHTHOUSE AND BUOY DUES (IF NOT ALREADY PAID FOR YEAR__)
3. PORT DUES (TAXES) ASSESSED ON CARGO LOADED
4. FREIGHT TAX AND INCOME TAX ON FREIGHT
IN ANY EVENT OWNERS REQUIRED TO PAY ALL PORT DISBURSEMENTS,
MAY THEN BILL CHARTERERS ITEMS SPECIFIED ABOVE FOR CHARTERERS
ACCOUNT WITH FULL SUPPORTING DOCUMENTS IN THE USUAL MANNER.
33. SULLOM VOE
AS FROM THE DATE OF AGREEMENT TO AND FOR THE DURATION OF THIS
CHARTER, OWNERS AND THEIR AGENTS SHALL OBSERVE CHARTERER'S
INSTRUCTIONS REGARDING THE DISPOSAL OF BALLAST FROM THE
VESSEL. IF, BEFORE THE COMMENCEMENT OF LOADING AT SULLOM VOE
TERMINAL, CHARTERERS PRODUCE TO OWNERS EVIDENCE OF THE
FAILURE OF THE VESSEL TO COMPLY WITH SUCH INSTRUCTIONS,
CHARTERERS MAY BY NOTICE IN WRITING CANCEL THIS CHARTER
WITHOUT THEREBY INCURRING ANY PENALTY. CHARTERER WILL ACCEPT
DEADFREIGHT INCURRED IN COMPLYING WITH CHARTERER'S
INSTRUCITONS.
34. FLOTTA TERMINAL
VESSEL TO COMPLY WITH PORT REGULATIONS AT FLOTTA TERMINAL
(SCAPA FLOW) ORKNEY ISLANDS WITH PARTICULAR ATTENTION TO THE
FOLLOWING:
A) NOTHING, INCLUDING CLEAN BALLAST, CAN BE DISCHARGED
OVERBOARD IN SCAPA FLOW HARBOR.
B) CLEAN BALLAST SHOULD BE LOCATED IN CARGO TANKS FOR
EVENTUAL DISCHARGE TO SHORE TANK FACILITIES.
ALTERNATIVELY, VESSEL MAY PUMP ASHORE CLEAN BALLAST FROM
PERMANENT BALLAST TANKS.
C) ANY OIL SPILLS AND/OR LEAKAGE MUST BE IMMEDIATELY
REPORTED TO THE HARBOR AUTHORITIES.
D) ALL BALLASTING/LOADING OPERATIONS WILL BE IMMEDIATELY
SUSPENDED UNTIL THE CAUSE OF THE SPILL/LEAKAGE HAS BEEN
DETERMINED AND RECTIFIED TO THE SATISFACTION OF THE
MOORING MASTER AND THE HARBOR AUTHORITIES.
E) FORECASTLE FAIRLEADS MUST BE CAPABLE OF ACCEPTING CHAIN
LINKS 2-5/8" DIAMETER, I.E., MINIMUM DIAMETER 12".
CITGO OPA REQUIREMENTS CLAUSE
=============================
OWNER WARRANTS THAT THE VESSEL OWNER OR OPERATOR WILL HAVE, PRIOR TO
FEBRUARY 18, 1993, SUBMITTED TO U.S. COAST GUARD FOR APPROVAL A
RESPONSE PLAN FOR THE VESSEL (VRP) WHICH MEETS IN FULL THE
REQUIRMENTS OF THE US OIL POLLUTION ACT OF 1990, THE GOVERNMENTAL
REGULATIONS ISSUED THEREUNDER, THE U.S. COAST GUARD NAVIGATIONAL
AND VESSEL INSPECTION CIRCULAR NO. 8-92 AND ANY RULE OR
REGULATION IN SUBSTITUTION OF, OR SUPPLEMENTARY TO, SUCH CIRCULAR
(COLLECTIVELY ''VRP REQUIREMENTS''), THAT THE VRP SHALL BE
APPROVED, AND THE VESSEL OPERATED IN COMPLIANCE THEREWITH, WHEN
AND AS REQUIRED BY THE VRP REQUIREMENTS AND THAT THE OWNER SHALL
ENSURE THAT THE OWNER OR OPERATOR OF THE VESSEL AND THE VESSEL
FULLY MEET ALL OTHER REQUIREMENTS OF OPA AND ANY GOVERNMENTAL
REGULATIONS OR GUIDELINES ISSUED THEREUNDER.
THIS CLAUSE DOES NOT IN ANY WAY LESSEN THE OVERALL EFFECT OR RELIEVE
THE OWNER OF ANY STATE OBLIGATIONS IN RESPECT TO VESSEL RESPONSE
PLANS OR OTHER POLLUTION REQUIREMENTS.
REVISED 1987 TOVALOP CLAUSE
OWNERS WARRANT THAT THE VESSEL IS A PARTICIPATING TANKER IN TOVALOP
AND WILL SO REMAIN DURING THIS CHARTER, PROVIDED HOWEVER THAT
NOTHING HEREIN SHALL PREVENT OWNERS, UPON PRIOR NOTICE TO
CHARTERERS, FROM WITHDRAWING FROM TOVALOP UNDER CLAUSES III (B) OR
X THEREOF, AND PROVIDED FURTHER THAT UPON ANY WITHDRAWAL UNDER
CLAUSE III (B) OR UNDER CLAUSE X, CHARTERERS SHALL HAVE THE OPTION
TO TERMINATE THIS CHARTER.
WHEN AN ESCAPE OR DISCHARGE OF OIL OCCURS FORM THE VESSEL AND
CAUSES OR THREATENS TO CAUSE POLLUTION DAMAGE, OR WHEN THERE IS THE
THREAT OF AN ESCAPE OR DISCHARGE OF OIL(I.E. A GRAVE AND IMMINENT
DANGER OF THE ESCAPE OR DISCHARGE OF OIL WHICH, IF IT OCCURRED,
WOULD CREATE A SERIOUS DANGER OF POLLUTION DAMAGE), THEN CHARTERERS
MAY, AT THEIR OPTION, OPON NOTICE OF OWNERS OR MASTER, UNDERTAKE
SUCH MEASURES AS ARE REASONABLY NECESSARY TO PREVENT OR MINIMIZE
SUCH DAMAGE OR TO REMOVE THE THREAT, UNLESS OWNERS PROMPTLY
UNDERTAKE THE SAME. CHARTERERS SHALL KEEP OWNERS ADVISED OF THE
NATURE AND RESULT OF ANY SUCH MEASURES TAKEN BY THEM, AND IF TIMES
PERMITS, THE NATURE OF THE MEASURES INTENDED TO BE TAKEN BY THEM.
ANY OF THE AFOREMENTIONED MEASURES TAKEN BY CHARTERERS SHALL BE
DEEMED TAKEN ON OWNER'S AUTHORITY AND AS OWNER'S AGENT, AND SHALL
BE AT OWNER'S EXPENSE EXCEPT TO THE EXTENT THAT:
1) ANY SUCH ESCAPE OR DISCHARGE OR THREAT WAS CAUSED OR
CONTRUBUTED TO BY CHARTERERS, OR
2) BY REASON OF THE EXCEPTIONS SET OUT IN ARTICLE III, PARAGRAPH
2, OR THE 1969 INTERNATIONAL CONVENTION ON CIVIL LIABILITY
FOR OIL POLLUTION DAMAGE, OWNERS ARE OR, HAD THE SAID
CONVENTION APPLIED TO SUCH ESCAPE OR DISCHARGE OR TO THE
THREAT, WOULD HAVE BEEN EXEMPT FROM LIABILITY FOR THE SAME,
OR
3) THE COST OF SUCH MEASURES TOGETHER WITH ALL OTHER
LIABILITIES, COSTS AND EXPENSES OF OWNERS ARISING OUT OF OR
IN CONNECTION WITH SUCH ESCAPE OR DISCHARGE OR THREAT REMOVAL
EXCEEDS THE MAXIMUM LIABILITY APPLICABLE TO THE VESSEL UNDER
TOVALOP AT THE TIME OF SUCH ESCAPE OR DISCHARGE OF THREAT,
SAVE AND INSOFAR AS OWNERS SHALL BE ENTITLED TO RECOVER SUCH
EXCESS UNDER EITHER THE 1971 INTERNATIONAL CONVENTION ON THE
ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR
OIL POLLUTION DAMAGE OR UNDER CRISTAL.
PROVIDED ALWAYS THAT IF OWNERS IN THEIR ABSOLUTE DISCRETION
CONSIDER SAID MEASURES SHOULD BE DISCONTINUED, OWNERS SHALL SO
NOTIFY CHARTERERS AND THEREAFTER CHARTERERS SHALL HAVE NO RIGHT TO
CONTINUE SAID MEASURES UNDER THE PROISIONS OF THIS CLAUSE AND ALL
FURTHER LIABILITY TO CHARTERERS UNDER THE CLAUSE SHALL THEREUPON
CEASE.
THE ABOVE PROVISIONS ARE NOT IN DEROGATION OF SUCH OTHER RIGHTS AS
CHARTERERS OR OWNERS MAY HAVE UNDER THE CHARTER OR MAY OTHERWISE
HAVE OR ACQUIRE BY LAW OF AN INTERNATIONAL CONVENTION OR TOVALOP.
FOR THE PURPOSE OF THE CLAUSE, THE MEANING OF THE TERM "OIL" AND
"POLLUTION DAMAGE" SHALL BE AS DEFINED IN TOVALOP AND "TON" SHALL
BE UNDERSTOOD IN RELATION TO "TONNAGE" AS DEFINED THEREIN.
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