GLOBAL PETROLEUM CORP. CLAUSES
REVISED JUNE 1, 1995
1. HESS PUMPING CLAUSE: (AMENDED 2/08/93)
OWNER WARRANTS THAT THE VESSEL WILL DISCHARGE HER FULL CARGO WITHIN 24
HOURS OR WILL MAINTAIN 188 PSI AT THE SHIP'S RAIL, PROVIDED THE SHORE
FACILITY OF RECEIVING SAME. IF THE VESSEL SHOULD FAIL TO MEET THE ABOVE
STATED WARRANTY,CHARTERERS HAVE THE RIGHT TO ORDER THE VESSEL TO BE WITHDRAWN
FROM THE BERTH AT OWNER'S TIME AND EXPENSE UNTIL SUCH TIME AS THE BERTH
BECOMES AVAILABLE AGAIN. FOR DISCHARGING THE BALANCE OF CARGO REMAINING ON
BOARD.
2. HESS ETA CLAUSE:
VESSEL TO GIVE CHARTERER ETA IMMEDIATELY UPON SAILING PRIOR DISCHARGE PORT
AND/OR CHARTERER'S LOAD PORT.
VESSEL TO GIVE CHARTERER ETA WHERE APPLICABLE AS FOLLOWS:
SEVEN DAYS AND 72/48/24 HOURS IN ADVANCE AT EITHER CHARTERER'S LOAD OR
DISCHARGE PORT.
SHOULD OWNER FAIL TO COMPLY WITH THE ABOVE, AND ANY DELAY AT EITHER LOAD
OR DISCHARGE PORT OCCURS, SUCH DELAY SHALL NOT BE FOR CHARTERER'S ACCOUNT.
3. HESS INSPECTION CLAUSE:
CHARTERER TO HAVE THE RIGHT TO INSPECT VESSEL'S BUNKER TANKS AND ALL NON
CARGO SPACES AT ANY TIME(S) AT LOAD AND DISCHARGE PORTS.
4. HESS SHIFTING CLAUSE: (AMENDED 10/05/93)
IF MORE THAN ONE BERTH AT LOAD OR DISCHARGE PORT IS USED,SHIFTING TIME AND
EXPENSE TO BE FOR CHARTERER 'S. ACCOUNT,EXCEPT THAT SHIFTING TIME AND EXPENSE
FROM ANCHORAGE TO 1ST BERTH WILL NOT BE FOR CHARTERER'S ACCOUNT.
5-A.GLOBAL LIGHTERING CLAUSE: (AMENDED 2/8/93)
IF LIGHTERING IS REQUIRED BY CHARTERER AT ANY DESIGNATED PORT, AND IT IS
NECESSARY TO LIGHTER THE VESSEL WHILE AT A CUSTOMARY LIGHTERING ANCHORAGE FOR
SAID PORT,TIME USED IN SUCH LIGHTERING SHALL COUNT AS LAYTIME. SUCH ANCHORAGE
SHALL NOT BE CONSIDERED AS A 2ND DISCHARGE PORT OR 2ND DISCHARGE BERTH, AND
RUNNING TIME FROM SUCH ANCHORAGE TO BERTH SHALL NOT COUNT AS USED LAYTIME OR
DEMURRAGE, IF LAYTIME HAS EXPIRED.
5-B.ALTERNATIVE GLOBAL LIGHTERING CLAUSE: (AMENDED 6/81/95)
CUSTOMARY ANCHORAGE
IF LIGHTERING IS REQUIRED TO BERTH AT ANY DESIGNATED PORT, AND IT IS
NECESSARY TO LIGHTER THE VESSEL AT A CUSTOMARY LIGHTERING ANCHORAGE FOR SAID
PORT, TIME USED IN SUCH LIGHTERING COUNTS AS LAYTIME.SUCH ANCHORAGE SHALL NOT
BE CONSIDERED AS A 2ND DISCHARGE PORT OR 2ND DISCHARGE BERTH AND RUNNING TIME
FROM SUCH ANCHORAGE TO BERTH SHALL NOT COUNT AS LAYTIME, OR DEMURRAGE, IF
ALLOWED LAYTIME HAS EXPIRED. FOR THE PURPOSES OF THIS CLAUSE, LIGHTERING IN
BOSTON FOR BERTHING AT SALEM AND/OR PORTSMOUTH AND/OR PORTLAND AND/OR
SEARSPORT AND/OR BUCKSPORT SHALL BE CONSIDERED AS LIGHTERING AT THE CUSTOMARY
LIGHTERING ANCHORAGE FOR SAID PORT AND ALL EXPENSES INCURRED FOR SUCH
LIGHTERING AT THE BOSTON LIGHTERAGE ANCHORAGE, EXCEPT OWNERS ITEMS, ARE TO BE
FOR CHARTERER'S ACCOUNT,INCLUDING. BUT NOT LIMITED TO. DEVIATION TO AND FROM
LIGHTERAGE AREA AND ALL PORT COSTS AT LIGHTERAGE AREA, PROVIDING ACCEPTABLE
SUPPORTING DOCUMENTATION PROVIDED.
6. CITGO LAYTIME CLAUSE:
IF FOR ANY REASON LAYTIME HAS EXPIRED,CHARTERER TO BE ALLOWED THE BENEFITS
OF CLAUSES 6, 7, AND 8 OF PART II AT EACH PORT OF LOADING OR DISCHARGE BEFORE
DEMURRAGE SHALL BE INCURRED.
7. CITGO WEATHER CLAUSE:
DELAYS DUE TO WEATHER CONDITIONS AND THEIR EFFECT ON THE SEA AT LOAD OR
DISCHARGE PORTS IN BERTHING, LOADING, DISCHARGE OR LIGHTERING SHALL COUNT AS
ONE-HALF LAYTIME OR, IF ON DEMURRAGE, ONE-HALF TIME ON DEMURRAGE.
8. AFRAN HOSE CLAUSE:
IF REQUESTED, OWNERS AGREE TO CONNECT AND DISCONNECT CARGO HOSES AT LOAD
AND/OR DISCHARGE PORT AT OWNER'S EXPENSE.
9. AGENCY CLAUSE: (5/38/91)
VESSEL IS TO UTILIZE CHARTERER'S AGENTS AT THE LOAD AND DISCHARGE PART(S).
10. DEMURRAGE CLAUSE: (AMENDED 6/01/95)
CHARTERER SHALL BE DISCHARGED AND RELEASED FROM ALL LIABILITY IN RESPECT
OF ANY DEMURRAGE CLAIM OWNERS MAY HAVE/SEND TO CHARTERERS UNDER THIS CHARTER
PARTY UNLESS SUCH CLAIM HAS BEEN RECEIVED BY CHARTERERS IN WRITING WITH
SUPPORTING DOCUMENTS WITHIN NINETY (90) DAYS FROM COMPLETION OF DISCHARGE OF
THE CARGO CONCERNED UNDER THIS CHARTER PARTY.
ANY SUCH DEMURRAGE CLAIM WHICH OWNERS MAY HAVE UNDER THIS CHARTER PARTY
SHALL BE DEEMED TO BE WAIVED AND ABSOLUTELY BARRED, IF SAID CLAIM AS ABOVE
STATED IS NOT RECEIVED BY CHARTERER WITHIN THE AGREED TIME BAR.
DEMURRAGE,IF ANY,SHALL BE PAYABLE BY THE CHARTERER AGAINST OWNERS INVOICE
WITH ALL SUPPORTING DOCUMENT ATTACHED THERETO INCLUDING, BUT NOT LIMITED TO,
NOTICES OF READINESS,STATEMENTS OF FACTS FROM LOADING AND DISCHARGING PORT(S)
DULY SIGNED BY THE SHIPPERS/RECEIVERS RESPECTIVELY ( WHERE AVAILABLE ),
PUMPING LOGS AND ANY PROTESTS ISSUED BY THE VESSEL OR SHORE.
11. BILL OF LADING CLAUSE: (AMENDED 6/01/95)
DISCHARGE PORT SHOWN IN BILL OF LADING NOT TO CONSTITUTE A DECLARATION OF
DISCHARGE PORT AND CHARTERERS HAVE THE RIGHT TO ORDER VESSEL TO ANY PORT
WITHIN TERMS OF THE CHARTER PARTY. CHARTERERS HEREBY INDEMNIFY OWNERS AGAINST
CLAIMS BROUGHT BY HOLDERS OF BILLS OF LADING AGAINST OWNERS BY REASON OF
CHANGE OF DESTINATION.
SHOULD BILLS OF LADING NOT ARRIVE AT DISCHARGE PORT IN TIME, OWNERS AGREE
TO RELEASE THE ENTIRE CARGO WITHOUT PRESENTATION OF THE ORIGINAL BILLS OF
LADING AGAINST DELIVERY BY CHARTERERS OF A LETTER OF INDEMNITY (LOI). IN THE
WORDING OF AN INTERNATIONALLY RECOGNIZED P&I CLUB, WHICH LOI SHALL BE LIMITED
TO DEAL EXCLUSIVELY WITH ALL CLAIMS OF HOLDERS OF ORIGINAL BILL(S) OF LADING
IN RELATION TO DISCHARGE OF CARGO WITHOUT PRESENTATION OF ORIGINAL BILLS OF
LADING AND SHALL AUTOMATICALLY BECOME NULL AND VOID AGAINST PRESENTATION OF 1
OUT OF 3 ORIGINAL BILLS OF LADING.
NO BANK GUARANTEE IS REQUIRED AND IF ANY LAW IS STIPULATED, SUCH LAW TO
BE U.S. LAW.
12. SUN DIVERSION CLAUSE:
NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS CHARTER PARTY AND
NOTWITHSTANDING WHAT LOADING AND/OR DISCHARGING PORTS MAY HAVE BEEN NOMINATED
AND BILLS OF LADING ISSUED, CHARTERER SHALL HAVE THE RIGHT TO CHANGE ITS
NOMINATION OF THE LOADING AND/OR DISCHARGING PORTS IN ACCORDANCE WITH PART 1,
C+D OF THE CHARTER. ANY EXTRA TIME AND EXPENSE INCURRED BY OWNER IN COMPLYING
WITH CHARTERER'S ORDERS SHALL BE FOR CHARTERER'S ACCOUNT AND CALCULATED IN
ACCORDANCE WITH PART II, CLAUSE 4, OF THIS CHARTER. FREIGHT IS BASED ON THE
VOYAGE ACTUALLY PERFORMED. CHARTERER SHALL HAVE THE RIGHT TO MAKE AS MANY
CHANGES AS IT DEEMS NECESSARY.
13. GLOBAL BUNKER CLAUSE: (AMENDED 6/1/95)
OWNER UNDERTAKES TO PURCHASE EITHER THE BUNKERS REQUIRED FOR THE
PERFORMANCE OF THIS CHARTER OR FOR THE REPLACEMENT OF THE BUNKERS CONSUMED IN
THE PERFORMANCE OF THIS CHARTER FROM GLOBAL PETROLEUM CORP., OR ITS
SUBSIDIARY OR AFFILIATED COMPANIES, AT ALL PORTS WHERE SUCH REQUIREMENTS
ARISE AND WHERE GLOBAL PETROLEUM CORP. IS ABLE TO SUPPLY BUNKERS, ALWAYS
PROVIDED THAT THE PRICE QUOTED THEM IS COMPETITIVE. IF OWNERS RECEIVE A LOWER
BID FROM ANOTHER SUPPLIER, GLOBAL IS TO BE GIVEN THE OPPORTUNITY TO MATCH ANY
SUCH BID PRIOR TO THE PLACING OF ANY BUNKER STEM. SUCH BUNKERS SHALL BE PAID
FOR BY OWNER THROUGH DEDUCTION FROM THE FREIGHT BY THE CHARTERER.
14. BALLAST CLAUSE:
VESSEL IS TO ARRIVE AT THE LOAD PORT WITH CLEAN BALLAST.
15. U.S. COAST GUARD POLLUTION PREVENTION AND SAFETY COMPLIANCE
CLAUSE: (AMENDED 06/1/95)
VESSEL TO BE IN FULL COMPLIANCE WITH ALL APPLICABLE U.S. COAST GUARD
REGULATIONS FOR SAFETY AND POLLUTION PREVENTION, INCLUDING THOSE REGULATIONS
AS SPECIFICALLY DESCRIBED IN 33 CFR PARTS 154, 155, 156, AND 164, INCLUDING
ANY AMENDMENTS THERETO. WITH SPECIFIC REFERENCE TO THE UNITED STATES OIL
POLLUTION ACT OF 1990 (OPA 90) AND THE PROVISIONS OF THAT ACT REQUIRING THE
SUBMISSION TO THE USCG OF A VESSEL RESPONSE PLAN (VRP),OWNER WARRANTS THAT IT
HAS SUBMITTED SUCH A VRP FOR THE VESSEL IN COMPLIANCE WITH OPA 90 AND WITH
THE USCG NAVIGATIONAL AND VESSEL INSPECTION CIRCULAR NO.8 OF 1992 (NAVIC8-92),
AND WITH ANY SUBSEQUENT RULES AND/OR REGULATIONS THAT AMEND THE REQUIREMENTS
OF NAVIC 8-92.OWNER FURTHER WARRANTS THAT THE VESSEL WILL BE OPERATED IN FULL
COMPLIANCE WITH THE LEGALLY APPLICABLE VRP REQUIREMENTS.QUALIFIED INDIVIDUALS
LISTED IN THE VESSEL'S VRP ARE TO BE READILY AVAILABLE AND THEIR CONTACT
TELEPHONE NUMBERS ARE TO BE GIVEN TO CHARTERERS IMMEDIATELY UPON REQUEST. ANY
DELAY TO THE VESSEL AS A RESULT OF THE VESSEL'S OWNERS AND/OR OPERATORS
FAILURE TO COMPLY WITH ANY OF THE AFORESAID LAWS AND REGULATIONS IS TO BE FOR
OWNER'S ACCOUNT.
16. REVISED 1987 P+I TOVALOP CLAUSE (AS ATTACHED HERETO) IS DEEMED TO BE
INCORPORATED INTO THIS CHARTER PARTY.
17. FINANCIAL RESPONSIBILITY CLAUSE: (AMENDED 6/1/95)
OWNER WARRANTS TO HAVE SECURED AND CARRY-ABOARD-VESSEL, A U.S COAST GUARD
CERTIFICATE OF FINANCIAL RESPONSIBILITY AS REQUIRED BY THE FEDERAL WATER
POLLUTION CONTROL ACT (33 U.S.C. 1321), AS AMENDED BY THE CLEAN WATER ACT OF
1977 AND THE OIL POLLUTION ACT OF 1990 IN NO CASE SHALL CHARTERER BE LIABLE
FOR DEMURRAGE AS A RESULT OF OWNER'S FAILURE TO OBTAIN THE AFOREMENTIONED
CERTIFICATE.
18. IN REGARD TO PART II, CLAUSE 20 (III) YORK/ANTWERP RULES OF 1974,
AS AMENDED 1990, ARE TO APPLY.
19. ALL HOURS, TERMS, CONDITIONS AND DIFFERENTIALS AS SET OUT IN THE
WORLDSCALE AND AMENDMENTS THERETO SHALL APPLY TO THIS CHARTER.
20. THE PLACE OF GENERAL AVERAGE AND ARBITRATION PROCEEDINGS TO
BE NEW YORK, U.S. LAW TO APPLY.
21. AMOCO CARGO RETENTION CLAUSE:
IN THE EVENT THAT ANY CARGO REMAINS ONBOARD 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 ONBOARD IS PUMPABLE AS DETERMINED
BY AN INDEPENDENT SURVEYOR. ANY ACTION OR LACK OF ACTION IN ACCORDANCE WITH
THIS PROVISION SHALL BE WITHOUT PREJUDICE TO ANY RIGHTS OR OBLIGATIONS OF THE
PARTIES.
22. HEAT UP CLAUSE: (AMENDED 2/08/93)
VESSEL TO MAINTAIN LOADED TEMPERATURE BUT MAXIMUM 105 DEGREES FAHRENHEIT.
HOWEVER, IF REQUIRED, VESSEL TO RAISE LOADED TEMPERATURE AS REQUESTED,WEATHER
AND TIME PERMITTING, BUT ALWAYS MAXIMUM 135 DEGREES FAHRENHEIT, AT 1.5
WORLDSCALE POINTS PER 5 DEGREES FAHRENHEIT OR PRO RATA.
23. GLOBAL CLEANING CLAUSE:
VESSEL TO ARRIVE AT LOAD PORT WITH ALL CARGO TANKS, PUMPS, AND PIPES
SUITABLY CLEANED TO CHARTERER'S INSPECTOR'S SATISFACTION IN ACCORDANCE WITH
CLAUSE 16 OF THIS CHARTER PARTY AND FURTHER, OWNER TO INSURE THAT ALL TRACES
OF SEDIMENT, TANK WASHINGS, OR CHEMICALS, IF USED, ARE REMOVED FROM TANKS,
PUMPS, AND PIPES INTENDED FOR CARRIAGE OF THE DESIGNATED CARGO. A NY DELAY AS
A RESULT OF VESSEL ARRIVING AT LOAD PORT AND NOT BEING IN SUITABLE CONDITION
To LOAD THE DESIGNATED CARGO TO BE FOR OWNER'S ACCOUNT AND TIME NOT TO COUNT.
24. BLENDING CLAUSE:
CHARTERERS TO HAVE THE OPTION OF DISCHARGING PART OR ALL CARGO IN ONE SAFE
PORT -------------, AND RELOADING SAME FOR FURTHER DISCHARGE WITHIN AGREED
RANGES. ALL TIME USED TO COUNT AS USED LAYTIME OR DEMURRAGE, IF VESSEL ON
DEMURRAGE. FREIGHT ALWAYS TO BE BASED ON THE MAXIMUM BILL OF LADING QUANTITY
CARRIED ON ANY PART OF THE VOYAGE, OR THE MINIMUM QUANTITY AS PER CHARTER
PARTY, WHICHEVER IS THE GREATER. RELOAD PORT TO BE CONSIDERED AS SECOND
LOADPORT FOR FREIGHT CALCULATION PURPOSES.
25. CANADIAN BALLAST WATER CLAUSE: (6/1/95)
OWNER WARRANTS THAT THE VESSEL WILL COMPLY WITH THE "VOLUNTARY GUIDELINES
FOR THE CONTROL OF BALLAST WATER DISCHARGE FROM SHIPS " AS ISSUED BY THE
CANADIAN COAST GUARD. IN NO EVENT WILL THE VESSEL DISCHARGE DIRTY BALLAST OR
BALLAST DEEMED BY THE OWNER TO BE CLEAN BALLAST, BUT CARRIED IN TANKS WHICH
PREVIOUSLY CARRIED CARGO, IN OR NEAR CANADIAN COASTAL WATERS.
26. U.S. CUSTOMS REGULATIONS CLAUSE:
OWNER WARRANTS THAT, IN ACCORDANCE WITH 19CFR SECTIONS 4.7A AND 178.2, AS
AMENDED, IT HAS A STANDARD CARRIER ALPHA CODE (SCAC) WHICH WILL PREFIX A
BILL OF LADING SERIAL NUMBER AND FORM A "UNIQUE IDENTIFIER" TO BE ENTERED ON
ALL BILLS OF LADING, CARGO MANIFEST, CARGO DECLARATIONS AND OTHER CARGO
DOCUMENTS RELATING TO CARRIAGE of GOODS TO THE UNITED STATES AS MAY BE
PROVIDED FOR HEREUNDER. CHARTERER IS NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS
RESULTING FROM OWNER'S FAILURE TO COMPLY WITH THE FOREGOING.
27. DRUG AND ALCOHOL POLICY CLAUSE:
OWNER WARRANTS THAT IT IS 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 THE CONTROL OF DRUGS AND
ALCOHOL ONBOARD SHIP, OCIMF JANUARY, 1990. OWNER FURTHER WARRANTS THAT THIS
POLICY WILL REMAIN IN EFFECT DURING THE TERM OF THIS CHARTER, AND THAT OWNER
SHALL EXERCISE DUE DILIGENCE TO ENSURE THAT THE POLICY IS COMPLIED WITH.
28. TEXACO OIL POLLUTION INSURANCE CLAUSE: (5/30/91)
OWNER WARRANTS THAT THEY HAVE IN PLACE WITH THEIR P+I CLUB THE STANDARD
OIL POLLUTION COVER OF U.S.DLR 500 MILLION PLUS AN ADDITIONAL U.S.DLR 200
MILLION OIL POLLUTION INSURANCE COVER THROUGH THEIR P+I CLUB OR THROUGH
UNDERWRITERS PROVIDING FIRST CLASS SECURITY AND OWNERS FURTHER WARRANT THAT
SUCH COVER WILL REMAIN IN EFFECT FOR THE DURATION OF THIS CHARTER.
OWNERS WILL PROVIDE EVIDENCE OF SUCH COVERAGE FROM THEIR P+I CLUB AND/OR
UNDERWRITERS PROVIDING FIRST CLASS SECURITY WITHIN THREE (3) WORKING DAY FROM
THE DATE OF THIS FIXTURE IS CONFIRMED.
29. COMPLIANCE CLAUSE (AMENDED 10/05/93)
OWNER WARRANTS THAT THE VESSEL SHALL, DURING THE PERIOD COVERED BY THIS
CHARTER PARTY, BE IN FULL COMPLIANCE WITH ALL APPLICABLE INTERNATIONAL
CONVENTIONS, ALL APPLICABLE LAWS,REGULATIONS AND/OR OTHER REQUIREMENTS OF THE
COUNTRY OF THE VESSEL'S REGISTRY AND OF THE COUNTRIES AND/OR STATES OF THE
PORT(S) AND/OR PLACE(S) TO WHICH THE VESSEL MAY BE ORDERED HEREUNDER. OWNER
FURTHER WARRANTS THAT THE VESSEL SHALL HAVE ON BOARD,DURING THE SUBJECT
PERIOD, ALL CERTIFICATES, RECORDS OR OTHER DOCUMENTS REQUIRED BY AFORESAID
CONVENTIONS, LAWS, REGULATIONS AND/OR REQUIREMENTS. IF ANY OF THE WARRANTIES
STIPULATED IN THIS CLAUSE ARE BREACHED, ANY DELAY RESULTING THEREFROM SHALL
NOT COUNT AS LAYTIME OR IF THE VESSEL IS ON DEMURRAGE, AS TIME ON DEMURRAGE
AND ANY EXPENSE ATTRIBUTABLE TO SUCH DELAY SHALL BE FOR OWNER'S ACCOUNT.
30. BERTH OCCUPANCY (AMENDED 10/05/93)
LAYTIME AT BOTH LOAD AND DISCHARGE PORTS WILL END UPON DISCONNECTION OF
HOSES. IF, AFTER LOADING, CHARTERERS REQUIRE THE VESSEL TO WAIT FOR DOCUMENTS
AND THE TIME REQUIRED EXCLUSIVELY FOR THIS PURPOSE EXCEEDS THREE (3) HOURS,
LAYTIME WILL RE-COMMENCE AFTER THE EXPIRATION OF THE THREE (3) HOURS AND WILL
RUN UNTIL THE DOCUMENTS ARE ONBOARD. IF, AFTER DISCONNECTION OF HOSES, THE
VESSEL REMAINS AT THE BERTH EXCLUSIVELY FOR SHIP'S PURPOSES AT THE LOAD OR
DISCHARGE PORTS, OTHER THAN BY REASONS OF FORCE MAJEURE, OWNERS WILL BE
RESPONSIBLE FOR ALL COSTS CHARGED TO CHARTERERS BY
TERMINAL/SUPPLIERS/RECEIVERS.
31. NOTICE OF READINESS (10/12/93)
VESSEL NOT TO TENDER NOTICE OF READINESS PRIOR TO COMMENCEMENT OF LAYDAYS
WITHOUT CHARTERERS PRIOR PERMISSION. IF SUCH PERMISSION IS GRANTED, LAYTIME
WILL NOT COMMENCE UNTIL SIX (6) HOURS AFTER COMMENCEMENT OF LAYDAYS. OR WHEN
VESSEL IS ALL FAST IN BERTH, WHICHEVER OCCURS FIRST.
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