Code word for this

Issued July 1987 Charter Party

"SHELLVOY 5"
Voyage Charter Party
LONDON, New Delhi 19.03. 2009
1
PREAMBLE
IT IS THIS DAY AGREED between KAKATUA SHIPPING CO. LTD, 80 BROAD
STREET, LIBERIA, 2
C
(hereinafter referred to asdisponent
of Owners") being owners/ Owners of the 3
/
4
mot stea tank vessel
or m called ‘KAKATUA’
(hereinafter referred to as "the vessel") 5
and RED OIL LTD. of RED OIL 6
HOUSE, ANDHERI , MUMBAI – 400 004, INDIA
A) MR MIKE FOX– OFFICE +912233121458, MOB:
+91995167302222
(hereinafter referred to as "Charterers") 7
that the service for which provision is herein made shall be subject to the terms
and conditions of this charter 8
which includes Part I and Part II. In the event of any conflict between the
provisions of Part I and Part II hereof, 9
the provisions of Part I shall prevail. 10

PART I 11
Owners guarantee that at the date hereof, and from the time when the
(A) (I) obligation to proceed to the 12
Description loadport(s) attaches, the vessel:- 13
of vessel
(i) Is classed LLOYDS REGISTER 14
Has a deadweight oftonn (1000 kg.) on a salt-water draft on
(ii) 95,930 M/T es assigned summer 15
freeboard of
13.833 m. 16
(iii Has aavaila fo th cargo of 105,040 cubic meters 98%
) capacity ble r e EXCLUDING SLOP TANK 17
tones(1000kg.) 5% more or less inSLOP TANK(S) CAPACITY 98%
Owners’ option. 7190.6 18
CUBIC METERS.
(iv Is fully fitted with heating systems for all cargo tanks capable of
) maintaining cargo at a temperature of 19
up to degree Celsius. 20
Has tanks coated as
(v) follows: 21
(vi Is equipped with DERRICKS:0 AND CRANES:1derricks capable of lifting
) cranes / to and 22
supporting at the vessel's port and starboard manifolds submarine hoses23
 of up to FIFTEEN TONNES
(1000 weig
kg.) in ht . SWL
(vii Has cargo pumps capable of discharging a full hours or maintaining a
) cargo within back 24
at the vessel's manifold (provided shore facilities
pressure of permit and the cargo 25
does not have a kinematic viscosity exceeding 600 centistokes at the
discharge temperature required by 26
Chartere
rs). 27
Discharges a fullwheth homogeno or multi) within 24
cargo ( er us grade hours
EXCLUDING STRIPPING AND COW or can AN AVERAGE back
maintain apressure
of 100 PSI at the vessel’s manifold EXCLUDING TIME FOR
STRIPPING,MAX 3 HRS
FOR STRIPPING and Owners guarantee such minimum performance
provided shore
facilities permit. The discharge guarantee shall only be applicable
provided the kinematic
viscosity does not exceed 600 centistokes at the discharge temperature
required by
Charterers. If the kinematic viscosity only exceeds 600 centistokes on part
of the cargo or
particular grade(s) then the discharge guarantee shall continue to apply
to all other cargo /
grades.
(vii Has or will have carried the following three cargoes immediately prior to
i) loading under this charter :- 28
Last CRUDE 29
 2nd Last CRUDE 30
3 Last CRUDE
rd
31
(ix)Has a crude oil washing system complying with the requirements of the
International Convention for 32
the Prevention of Pollution from Ships 1973 as modified by the Protocol
of 1978 ("MARPOL 73/78"). 33
Has an operational inert gas
(x) system. 34
(xi)Has on board all papers and certificates required by any applicable law, in
force as at the date of this 35
charter, to enable the vessel to perform the charter service
without any delay. 36
(xii entere
) Is d in the NORT OF ENGLAND 37
P. & I. Club, being a member of the International Group
of P. & I. Clubs.
Throughout the Charter service, Owners shall ensure that the vessel
A) (II) shall be maintained, or that
Maintenance they shall take all steps necessary to promptly restore vessel to be,
/ within the description in Part
1(A) 1 and any questionnaires requested by Charterers or within
restoration information provided by
Owne
rs.
Now ETA SOROOSH TO LOAD TODAY 2100 HRS
(B) Position/ LT 38
ETA VADINAR 16TH MARCH 2010,ETS VADINAR 18TH
Readiness MARCH 2010 39
Expected ready to load ETA ASH SHIHR 22ND MARCH
2010(AGW/WSNP)
CommencNoo 0001 HOURS Local Time on 23(Commencement
(C) Laydays ing n MARCH,2009 Date) 40
TerminatNoo 2359 HOURS Local Time on 24 (Termination
ing n MARCH,2009 Date) 41
(D)Loading 1-2 SB(S) SP(S) ASH SHIHR – SALALAH 42
Port(s)/ RANGE 43
one or more ports at
Range Charterers' option 44
(E)
Discharging 1-2 SB(S) SP(S) WCI, SIKKA – VADINAR 45
Port(s)/ RANGE 46
one or more ports at
Range Charterers' option 47
CARGO QUANTITY : MIN 80,000 NO HEAT CRUDE OIL CHOPT FULL CARGO
(F) Cargo FRT PAYABLE 48
ALWAYS BASIS MIN
description 80,000MT 49
IRRESPECTIVE OF QUANTITY LOADED PROVIDED VSLS FULL CUBICS IS
MADE
AVAILABLE TO CHRTS.
CARGO : NO HEAT CRUDE OIL
SEGREGATI : 1-2 GRADES WVNS,
 ON
Charterers'
option
Maximum temperature degrees
on loading Celsius 50
(G) Freight % of the rate for the voyage as provided for in the New Worldwide Tanker
rate At Nominal Freight Scale 51
current at the date of commencement of loading (hereinafter referred to as
"Worldscale") per ton (2240 lbs) / 52
tonne (1000 WS 103.00,
Kg). OVERAGE 50% 53
Freight is payable on minimum quantity guaranteed by charterers, however
, if vessel loads less than the
minimum guaranteed quantity due to then freight payable on bill of
vessel's reasons, lading quantity.
Vessel to provide her full cubics for
Charterers purpose.
PAYMENT TO BE EFFECTED BY TELEGRAPHIC
(H) Freight TRANSFER TO : 54
payable to 55
: I ,
I:
I : I ,
I:
.:
I :-
: I I .
.:
I .:
 I I I :
I I . , , , , .
I I I .
(I) Laytime 56
72 HOURS SUNDAY AND HOLIDAYS INCLUDED running
(J) USD hours
Demurrage 18,000.00 57
per day
(or 58
pro rata) 59
All radio messages sent byCharterRED OIL shall be
(K) ETAs the Master to ers addressed to; 60

COPIED TO OTHER PARTIES AS ADVISED IN CHARTERERS' VOYAGE

INSTRUCTIONS:
M/S RED OIL LIMITED
ATTENTION: JOHN WRIGHT
DIR:+44 22 66121459
FAX:+44 2266601192
MOB:+44 7833946493
EMAIL: JOHN.WRIGHT@REDOIL.COM

SHELL ADDITIONAL CLAUSE – FEBRUARY 1999 NO:1 TO NO:43 BOTH

(L) Special INCLUSIVE AND 61
Provision SPECIAL PROVISIONS NO:1 TO NO:22, AS ATTACHED HEREWITH DEEMED
s TO BE 62
INCORPORATED IN THIS CHARTER PARTY.
RECAP TERMS:
Signatures - WSHTC AS PER 2010 TO APPLE
ANY CHARGES AT DISPORT FOR STANDBY OR PULL – BACK TUGS NOT
COVERED
UNDER WORLDSCALE TO BE FOR CHARTERERS ACCOUNT,UNLESS SUCH
TUGS ARE
REQUIRED DUE TO VESSEL FAULT OR OWNER’S PURPOSES OR IF VESSEL
DOES NOT
MEET GUARANTEED DISCHARGE PERFORMANCE DUE TO VESSELS
FAULT
- Y/A RULES AS AMENDED 1994

- G/A ARB LONDON – ENGLISH LAW TO APPLY

- TAXES AND/OR DUES ON CARGO AND/OR FREIGHT/DEAD –

FREIGHT OR DEMURRAGE AND THOSE ASSOCIATED WITH
COASTAL LEVIES AND TRADING TO BE FOR CHRRS ACCOUNT AND
SETTLED DIRECTLY BY THEM AND ANY TAXES AND ANY DUES ON
VESSEL TO BE ON OWNERS ACCOUNT TO BE SETTLED DIRECTLY BY
THEM.
- VESSEL WILL BE FULLY BUNKERED TO PERFORM THE VOYAGE.

- OVERAGE INSURANCE IF ANY DUE TO AGE/FLAG/CLASS TO BE FOR

CHARTERERS ACCOUNT AND PAID DIRECT.
- BIMCO ISPS CLAUSE FOR VOYAGE CHARTER PARTIES TO
APPLY.TRADING WILL ONLY TAKE PLACE BETWEEN ISPS
COMPLIANT/CERTIFIED PORTS AND OTHER FACILITIES
- OTHERWISE SHELLVOY 5 ISSUED JULY 1987 WITH SHELL
FEBRUARY 1999 AMENDMENTS/ADDITIONS/DELETIONS PLUS
SHELL FEBRUARY 1999 ADDITIONAL CLAUSES 1 TO 43 AND ESSAR
CLAUSES 1 TO 22 WITH AGREED AMENDMENTS.
- OWNERS GUARANTEE THAT VESSEL IS NOT EX DRY DOCK OR EX
YARD AND HAS NOT WATER WASHED ALL HER CARGO TANKS.
- “OWNERS CONFIRM THAT UNDER THEIR FLAG ADMINISTRATION
THE VESSEL IS PERMITTED TO CARRY HEAVY CRUDE OILS WITH
DENSITIES OF BETWEEN
900 KG/M3 AND 945 KG/M3 AS STATED IN MARPOL 13H.” - N/A
AS VSL IS DOUBLE HULL
- OWNERS WARRANT THAT VESSEL’S STATUTORY CERTIFICATES AS
BELOW ARE VALID AND WILL CONTINUE TO BE VALID
THROUGHOUT THE PERFORMANCE OF THIS CP:-
1. CERTIFICATE OF REGISTRY
2. LOADLINE CERTIFICATE
3. SAFETY CONSTRUCTION CERTIFICATE
4. SAFETY EQUIPMENT CERTIFICATE
5. SAFELY RADIO CERTIFICATE
6. I . O. P . P .
7. P N I CLUB ENTRY CERTIFICATE
8. I . S . M . :
I/. DOCUMENT OF COMPLIANCE
II/. SAFETY MANAGEMENT CERTIFICATE
9. CIVIL LIABILITY CERTIFICATE AS ISSUED BY FLAG
ADMINISTRATION
10. CLASS CERTIFICATE
11. ISPS
12. INTERNATIONAL TONNAGE CERTIFICATE
13. MIN SAFE MANNING
14. INTERNATION AIR POLLUTION PREVENTION
15. INTERNATION SEWAGE POLLUTION PREVENTION
16. CAP (HULL , MACHINERY , CARGO SYSTEM) (if applicable)
17. CAS(if applicable)
TO THE BEST OF OWNERS KNOWLEDGE VSL APPROVED BY: BP /
CONOCO / STATOIL / EXXON / PETRONAS / PETROBRAS / BHP /
ADNOC LAST SIRE: 09/12/09

- ADDRESS COMMISSION 1.25 PCT TO BE DEDUCTED AT SOURCE AND

BROKERAGE 1.25 PCT TO INTEROCEAN SHIPPING ON FRT / DF /
DEM PAYABLE BY OWNERS.
- WAR AND PIRACY CLAUSE
===========================
ALL ADDITIONAL COSTS AND INSURANCE PREMIA, INCLUDING BUT
NOT LIMITED TO H&M, CREW, P&I RISKS, LOSS OF HIRE, KIDNAP,
RANSOMS PAYABLE BY REASON OF VESSEL PASSING THROUGH WAR
AND OR PIRACY AREAS / ZONES / PLACES / WATERWAYS TOWARDS
TO AND FROM THE DISCHARGE PORT(S) TO BE FOR CHTRS ACCOUNT
AND PAID TO OWNERS AGAINST OWNERS’ INVOICE DULY SUPPORTED
BY A COPY OF UNDERWRITERS / BROKERS CONFIRMATION OF COVER
AND THEIR PREMIUM QUOTE. OWNERS WILL ALLOW CHARTERERS
ANY DISCOUNT / REDUCTION OBTAINED FROM UNDERWRITERS.
CHARTERERS OBLIGATION WITH REGARD TO THE ABOVE
ADDITIONAL INSURANCE PREMIA ONLY IS LIMITED TO MAX USD
40,000.
IN ORDER TO ENSURE A SAFE PASSAGE TOWARDS TO AND FROM THE
PORT OF DISCHARGE THE MASTER, OWNERS, CHARTERERS,
UNDERWRITERS OR OTHER INVOLVED PARTIES OR AUTHORITIES,
 MAY REQUIRE THE VESSEL TO DEVIATE AND / OR AS PART OF
MILITARY PROTECTED CONVOY OR TRANSIT A SPECIFIC SECTION
DURING A CERTAIN TIME. ALL SUCH DEVIATION, DELAY AND LOSS OF
TIME TO BE FOR CHARTERERS ACCOUNT, TO BE PAID TO OWNERS AT
DEMURRAGE RATE PRO RATA TOGETHER WITH ANY ADDITIONAL
BUNKERS CONSUMED. MASTER TO PROVIDE STATEMENT OF FACTS /
LOGS STATEMENT REGARDING THE ABOVE AND TO KEEP
CHARTERERS CLOSELY INFORMED.
ALL COSTS / DEVIATION INCURRED FOR THE WHOLE VOYAGE TO BE
SETTLED BY CHARTERERS TOGETHER WITH FREIGHT. OWNERS WILL
PROVIDE ALL AVAILABLE SUPPORTING DOCUMENTATION AND
MASTER’S SIGNED STATEMENT.

IN WITNESS WHEREOF, the parties have caused this charter consisting of the
Preamble, Parts I and II to be
 executed as of the day and year first above written.

65
By
FOR AND ON BEHALF OF OWNERS,
AS PER THEIR AUTHORITY (ATTACHED HEREWITH)

6
6
By
Issued July
1987 "SHELLVOY 5"
PART II 67
1. Owners shall exercise due diligence to ensure that from the time when the
Condition obligation to proceed to the 68
Of vessel loading port(s) attaches and throughout the charter service - 69
(a) the vessel and her hull, machinery, boilers, tanks, equipment and facilities
are in good order and 70
condition and in every way equipped and fit for the service
required; and 71
(b) the vessel has a full and efficient complement of master,
officers and crew; 72
and to ensure that before and at the commencement of any laden voyage the
vessel is in all respects fit to 73
carry the cargo specified in Part I(F). For the avoidance of doubt, references
to equipment in this 74
Charter shall include but not be limited to computers and computer
systems, and such equipment
shall (inter alia) be required (i) to continue to function, and not suffer a
loss of functionality and
accuracy (whether logical or mathematical) as a result of the run date or
dates being processed,
irrespective of the century in which the dates fall, and (ii) to recognize the
year 2000 as a leap year and
accept 29 February 2000 as a valid date.
2. Whilst loading, carrying and discharging cargo the master shall at all times
Cleanliness use due diligence to keep 75
the tanks, lines and pumps of the vessel clean for the cargo specified in Part
Of tanks I(F). It shall be for the master 76
alone to decide whether the vessel's tanks, lines and pumps are suitably clean.
However, the decision of the 77
master shall be without prejudice to the right of Charterers, should any
contamination or damage 78
subsequently be found, to contend that the same was caused by inadequate
cleaning and/or some breach of 78
this or any other Clause of
this charter. 80
2. Whilst loading, carrying and discharging the cargo the Master shall at
all times keep the tanks,
lines and pumps of the vessel always clean for the cargo. Unless otherwise
agreed between Owners and
Charterers the vessel shall present for loading with cargo tanks ready
and subject to following
paragraphs, if vessel fitted with Inert Gas System (IGS), fully inerted.
Charterers shall have the right to inspect vessel’s tanks prior to
loading AT THEIR
TIME/EXPENSE and the vessel shall abide by Charterers’ instructions
with regard to tank or tanks
which the vessel is required to present ready for entry and inspection. If
 Charterers’ inspector is not
satisfied with the cleanliness of the vessel’s tanks, Owners shall clean
them in their time and at their
expense to the satisfaction of Charterers’ inspector, provided that nothing
herein shall effect the
responsibilities and obligations of the Master and Owners in respect of
the loading, carriage and care
of cargo under this Charter nor prejudice the rights of Charterers, should
any contamination or
damage subsequently be found, to contend that the same was caused by
inadequate cleaning and/or
some breach of this or any other clause of this Charter.
Notwithstanding that the vessel, if equipped with IGS, shall present for
loading with all cargo tanks
fully inerted, any time used for de-inerting (provided that such de-
inerting takes place after laytime or
demurrage time has commenced or would, but for this clause, have
commenced) and/or re-inerting
those tanks that at Charterers’ specific request were gas freed for
inspection, shall count as laytime or
if on demurrage for demurrage AND ALL BUNKERS CONSUMED
SHALL BE FOR
CHARTERERS’ ACCOUNT, provided the tank or tanks inspected found to
be suitable.
If the vessel’s tanks are inspected and rejected, time used for de-inerting
shall not count towards
laytime or demurrage, and laytime or demurrage time shall not
commence or recommence, as the case
may be, until the tanks have been re-inspected SUCH RE-INSPECTION
NOT TO BE
UNREASONABLY DELAYED, approved by Charterers’ inspector, and re-
inerted.
3. Subject to the provisions of this charter the vessel shall perform her service
Voyage with utmost despatch and 81
shall proceed to such berths as Charterers may specify, in any port or ports
within Part I(D) nominated by 82
Charterers, or so near thereunto as she may safely get and there, always safely
afloat, load a full cargo, but 83
not in excess of the maximum quantity consistent with the International Load
Line Convention for the time 84
being in force and, being so loaded, proceed as ordered on signing bills of
lading to such berths as Charterers 85
may specify, in any port or ports within Part I(E) nominated by Charterers, or
so near thereunto as she may 86
safely get and there, always safely afloat, discharge the cargo. 87
Charterers shall nominate loading and discharging ports, and shall specify
loading and discharging berths. 88
in sufficient time to avoid delay or deviation to the vessel. Subject to the
foregoing, and provided it does not 89
 cause delay or deviation toIn addition Charterers shall have the option at
the vessel, any time of ordering 90
the vessel to safe areas at sea for wireless orders. Any delay or deviation
arising as a result of the exercise 91
of such option shall be compensated by Charterers in accordance with
terms of Clause 26 (1).
 In this charter, "berth" means any berth, wharf, dock, anchorage, submarine
line, a position alongside any 92
vessel or lighter or any other loading or discharging point whatsoever to
which Charterers are entitled to 93
order the vessel hereunder, and "port" means any port or location at sea to
which the vessel may proceed in 94
accordance with the terms of this charter. 95
4. Charterers shall exercise due diligence to order the vessel only to ports and
Safe berth berths which are safe for 96
the vessel and to ensure that transhipment operations conform to standards
not less than those set out in the 97
latest edition of ICS / OCIMF Ship-to-Ship Transfer Guide (Petroleum).
Notwithstanding anything contained 98
in this charter, Charterers do not warrant the safety of any port, berth or
transhipment operation and 99
Charterers shall not be liable for loss or damage arising from any unsafety if
they can prove that due 100
diligence was exercised in theor if such loss or damage was caused
giving of the order, by an act of war 101
or civil commotion within the trading areas defined in Part 1 (D/E).
5. Freight shall be earned concurrently with delivery of cargo at the
Freight nominated discharging port or ports 102
and shall be paid by Charterers to Owners without any deductions in United
States Dollars at the rate(s) 103
specified in Part I(G) on the gross Bill of Lading quantity as furnished by the
shipper (subject to Clauses 8 104
and 40), upon receipt by Charterers of notice of completion of final discharge
of cargo, provided that no 105
freight shall be payable on any quantity in excess of the maximum quantity
consistent with the International 106
Load Line Convention for the time being in force. 107
If the vessel is ordered to proceed on voyage for which a fixed differential is
provided in Worldscale, 108
such fixed differential shall be payable without applying the percentage
referred to in Part I(G). 109
If cargo is carried between ports and/or by a route for which no freight rate is
expressly quoted in 110
Worldscale, then the parties shall, in the absence of agreement as to the
appropriate freight rate, apply to 111
Worldscale Association (London) Ltd., or Worldscale Association (NYC) Inc.
for the determination of an 112
appropriate Worldscale freight rate. 113
Save in respect of the time when freight is earned, the location of any
transhipment at sea pursuant to 114
Clause 26(2) shall not be an additional nominated port for the purposes of
this charter (including this Clause 115
5) and the freight rate for the voyage shall be the same as if such transhipment
had not taken place. 116
Dues and 6. Dues and other charges upon the vessel, including those assessed by 117
 reference to the quantity of cargo
loaded or any taxes on freightshall be paid by Owners, and
other charges discharged, and whatsoever dues and other 118
charges upon the cargo shall be paid by Charterers. However, notwithstanding
the foregoing, where under a 119
provision of Worldscale a due or charge is expressly for the account of Owners
or Charterers then such due 120
or charge shall be payable in accordance with such provision. NO FREIGHT
FAX ON OWNERS 121
ACCOUNT, AND CHARTERERS TO PAY FREIGHT/DEAD-FREIGHT AND
DEMURRAGE NET
OF TAX TO OWNERS, SUCH TAX BEING CHARTERERS RESPONSIBILITY
AND TO BE
PAID/SETTLED DIRECTLY BY THEM.
7. The cargo shall be loaded into the vessel at the expense of Charterers and,
Loading and upto the vessel's permanent 122
hose connections, at Charterers' risk. The cargo shall be discharged from the
discharging vessel at the expense of Owners 123
and, upto the vessel's permanent hose connections, at Owners' risk. Owners
cargo shall, unless otherwise notified 124
by Charterers or their agents, supply at Owners' expense all hands, equipment
and facilities required on 125
board for mooring and unmooring and connecting and disconnecting hoses
for loading and discharging. 126
8. Charterers need not supply a full cargo, but if they do not freight shall
Deadfreight nevertheless be paid as if the 127
vessel had been loaded with a full cargo. 128
The term "full cargo" as used throughout this charter means a cargo which,
together with any collected 129
washings (as defined in Clause 40) retained on board pursuant to the
requirements of MARPOL 73/78, fills 130
the vessel to either her applicable deadweight or her capacity stated in Part
I(A) (iii), whichever is less, while 131
leaving sufficient space in the tanks for the expansion of cargo. If under Part
1(F) vessel is chartered for a 132
minimum quantity and the vessel is unable to load such quantity due to
having reached her capacity as
stated in Part 1(A) 1 (iii), always leaving sufficient space for expansion
of cargo, then without
prejudice to any claims which Charterers may have against Owners, no
deadfreight between the
quantity loaded and the quantity shown in Part 1(F) shall be due.
HOWEVER IF VESSEL IS
RESTRICTED DUE TO DRAFT RESTRICTIONS FREIGHT IS PAYABLE IN
FULL
9. Charterers shall have the right to require the vessel to shift at ports of
Shifting loading and / or discharging from 133
a loading or discharging berth within port limits and back to the same or to
another such berth once or more 134
often on payment of all additional expenses incurred. For the purposes of
freight payment and shifting the 135
places grouped in Port and Terminal Combinations in Worldscale are to be
considered as berths within a 136
single port. If at any time before cargo operations are completed it becomes
dangerous for the vessel to 137
remain at the specified berth as a result of wind or water conditions,
Charterers shall pay all additional 138
expenses of shifting from any such berth and back to that or any other
specified berth within port limits 139
(except to the extent that any fault of the vessel contributed to such danger). 140
 Subject to Clause 14(a) and (c) time spent shifting shall count against
laytime or if the vessel is on 141
demurrage for
demurrage. 142
10. If the vessel is delayed due to Charterers' breach of Clause 3 Charterers
Charterers' shall, subject to the terms 143
hereof, compensate Owners in accordance with Clause 15(1) and (2) as if such
failure to give delay were time exceeding 144
the
orders laytime. 145
The period of such delay shall be
calculated 146
from 6 hours after Owners notify Charterers that the vessel is delayed
(i) awaiting nomination of 147
loading port until such nomination has been received by Owners, or 148
(ii) from 6 hours after the vessel gives notice of readiness at the loading port
until commencement of 149
loadi
ng 150
as the case may be, subject always to the same exceptions as those set out in
Clause 14. Any period of delay 151
in respect of which Charterers pay compensation pursuant to this Clause 10
shall be excluded from any 152
calculation of time for laytime or demurrage made under any other Clause of
this charter. 153
Periods of delay hereunder shall be cumulative for each port, and Owners may
demand compensation 154
after the vessel has been delayed for a total of 20 running days, and thereafter
after each succeeding 5 155
running days of delay and at the end of any delay. Each such demand shall
show the period in respect of 156
which compensation is claimed and the amount due. Charterers shall pay the
full amount due within 14 days 157
after receipt of Owners' demand. Should Charterers fail to make any such
payments Owners shall have the 158
right to terminate this charter by giving written notice to Charterers or their
agents, without prejudice to any 159
claims which Charterers or Owners may have against each other under this
charter or otherwise. 160
11. Should the vessel not benoo 2359 HRS local time on the
Laydays/ ready to load by n termination date set out 161
in Part I(C) Charterers shall have the option of terminating this charter unless
Termination the vessel has been delayed 162
due to Charterers' change of order pursuant to Clause 26, in which case the
laydays shall be extended by the 163
period of such
delay 164
However, if Owners reasonably conclude that, despite the exercise of due
diligence, the vessel will not be 165
ready to load by noon on the termination date, Owners may, as soon as they
are able to state with reasonable 166
 certainty a new date when the vessel will be ready, give notice to Charterers
declaring the new readiness date and 167
asking Charterers to elect whether or not to terminate this charter. 4
Unless Charterers within days 48 168
RUNING HOURS SATURDAY,SUNDAY,AND INTERNATIONAL HOLIDAYS
EXCLUDED after 169
such notice or 1 days after the termination date (whichever is earlier)
within 2declare this charter terminated, Part 170
I(C) shall be deemed to be amended such that the new readiness date stated
shall be the commencement date and 171
the second day thereafter shall be the
termination date.
The provisions of this Clause and the exercise or non-exercise by Charterers of
their option to terminate 172
shall not prejudice any claims which Charterers or Owners may have against
each other. 173
12. The laytime for loading, discharging and all other Charterers' purposes
Laytime whatsoever shall be the 174
number of running hours specified in Part I(I). Charterers shall have the right
to load and discharge at all 175
times, including night, provided that they shall pay for all extra expenses
incurred ashore. 176
13. (1) Subject to the provisions of Clauses if the vessel loads or discharges
Notice 13(3) and 14, cargo other 177
than by
of readiness/ transhipment at sea 178
Running time (a Time at each loading or discharging port shall commence to run 6 hours 179
) after the vessel is in all 180
respects ready to load or discharge and written notice thereof has been
tendered by the master or 181
Owners' agents to Charterers or their agents and the vessel is securely
moored at the specified 182
loading or discharging berth. However, if the vessel does not proceed
immediately to such berth 183
time shall commence to run 6 hours after (i) the vessel is lying in the
area where she was ordered to 184
wait or, in the absence of any such specific order, in a usual waiting area
and (ii) written notice of 185
readiness has been tendered and (iii) the specified berth is accessible. A
loading or discharging berth 186
shall be deemed inaccessible only for so long as the vessel is or would be
prevented from 187
proceeding tobad , tidal conditions, ice, awaiting daylight, pilot or
it by weather tugs, or port traffic 188
control requirements (except those requirements resulting from the
unavailability of such berth or of 189
the
cargo). 190
If Charterers fail to specify a berth at any port, the first berth at which
the vessel loads or discharges 191
the cargo or any part thereof shall be deemed to be the specified berth at 192
 such port for the purposes
of this
Clause. 193
Noti shal no be tendered before commencement of laydays and
ce l t notice tendered by radio 194
quali a written noticeit is confirmed in writing as soon as
shall fy s provided reasonably 195
possible. 196
(b Time continue
) shall to run :- 197
 Continue to run until the cargo hoses have
(i) been disconnected or 198
if the vessel is delayed for Charterers' purposes for more than one
(ii) hour after disconnection of 199
cargo hoses, until the termination of such delay provided that if the
vessel waits at any place 200
other than the berth, time on passage to such other place, from
disconnecting of hoses to 201
remooring/anchorage at such other place,
shall not count. 202
Recommence two hours after disconnection of hoses if the
vessel is delayed for Charterers
purposes, for documentation and shall continue until the
termination of such delay
provided that if the vessel waits at any place other than the
berth, any time or part of the
time on passage to such other place that occurs after two hours
from disconnection of
hoses shall not count.
(2) If the vessel loads or discharges cargo by transhipment at sea time shall
count from the arrival of the 203
vessel at the transhipment area or from commencement of the laydays,
whichever is later, and, subject to 204
Clause 14(c), shall run until transhipment has been completed and
the vessels have separated. 205
If the vessel loads or discharges cargo by transshipment at sea
(2)
time shall commence in accordance with Clause 13 (I) (a) as amended,
and run until transshipment has been completed and the vessels have
separated AND ALL EQUIPMENT REMOVED , always subject to Clause 14.
(3) Notwithstanding anything else in this Clause 13, if Charterers start
loading or discharging the vessel 206
before time would otherwise start to run under this charter, time shall run
from commencement of such 207
loading or discharging. 208
(4) For the purposes of this Clause 13 and of Clause 14 "time" shall mean
laytime or time counting for 209
demurrage, as the case may be. 210
Suspension 14. Time shall not count when 211
of time 212
(a) spent on inward passage from the vessel's waiting area to the loading
or discharging berth specified 213
by Charterers, even if lightening occurred at such waiting area; or 214
(b) spent in handling ballast except to the extent that the cargo operations
are carried on concurrently 215
and are not delayed thereby; or 216
(c) lost as a result of 217
(i) breach of this Charter by Owners; or 218
any cause attributable to the vessel, including breakdown or
(ii) inefficiency of the vessel; or 219
(iii) strike, lock-out, stoppage or restraint of labour of master, officers220
 or crew of the vessel or tug
boats or pilot unless vessel ordered to a port or place where tug
or pilot strike already exists 221
at the time of issuing the orders.
Demurrage 15. (1) Charterers shall pay demurrage at the rate specified in Part I(J) 222
If the demurrage rate specified in Part I(J) is expressed as a percentage of
Worldscale such percentage 223
shall be applied to the demurrage rate applicable to vessels of a similar size to
the vessel as provided in 224
Worldscale or, for the purpose of clause 10 and/or if this charter is terminated
prior to the commencement of 225
loading, in the New Worldwide Tanker Nominal Freight Scale current at the
termination date specified in 226
Part I(C).
Demurrage shall be paid per running day or pro rata for part thereof for all
time which, under the 227
provisions of this charter, counts against laytime or for demurrage and which
exceeds the laytime specified 228
in Part I (I). Charterers' liability for exceeding the laytime shall be absolute
and shall not in any case be 229
subject to the provisions of Clause 32. 230
(2) If, however, all or part of such demurrage arises out of or results from
fire or explosion or strike or 231
failure/breakdown of plant and/or machinery at ports of loading and/or
discharging in or about the plant 232
of Charterers, shippers or consignees of the cargo (not being a fire or
explosion caused by the negligence or 234
willful act or omission of Charterers, shippers or consignees of the cargo or
their respective servants or 235
agents), act of God, act of war, riot, civil commotion, or arrest or restraint of
princes rulers or peoples, the 236
rate of demurrage shall be reduced by half for such demurrage or such part
thereof.
(3) Owners shall notify Charterers within 60 days after completion of
discharge if demurrage has been 237
incurred and any demurrage claim together with supporting documentation
shall be submitted within 90 days 238
after completion of discharge. If Owners fail to give notice of or to submit any
such claim within the time 239
limits aforesaid, Charterers' liability for such demurrage shall be extinguished. 240
(3) Owners shall notify Charterers within 60 days after completion of
discharge if demurrage has been incurred and any demurrage claim
shall be fully and correctly documented, and received by Charterers,
within 90 days after completion of discharge. If Owners fail to give
notice of or to submit any such claim with documentation, as required
herein, within the limits aforesaid, Charterers’ liability for such
demurrage shall be extinguished. CORRECTLY DOCUMENTED SHALL
MEAN,LAYTIME STATEMENTS,STATEMENT OF FACTS,NOR,LETTERS OF
PROTEST IRRUED
 BY VESSEL,PUMPING LOGS SIGNED BY MASTER SHOWING PRESSURE AT
MANIFOLDS ALL DOCUMENTATION TO BE SIGNED BY
SHORE/TERMINAL,PROVIDED SUCH SIGNATORIES ARE AVAILABLE AND
WILLING.
16. Charterers shall have the right, but no duty, to have a representative
Vessel attend on board the vessel at any 241
loading and/or discharging ports (except locations at sea) and the master and
inspection Owners shall co-operate to 242
facilitate his inspection of the vessel and observation of cargo operations.
However, such right, and the 243
exercise or non-exercise thereof, shall in no way reduce the master's or
Owners' authority over, or 244
responsibility to Charterers and third parties for, the vessel and every aspect
of her operation, nor increase 245
Charterers' responsibilities to Owners or third parties for the same. 246
17. Without prejudice to Clause 2 hereof, Charterers shall have the right to
Cargo require inspection of the 247
vessel's tanks at loading and/or discharging ports (except locations at sea) to
inspection ascertain the quantity and 248
quality of the cargo, water and residues on board. Depressurisation of the
tanks to permit inspection and/or 249
ullaging shall be carried out in accordance with the recommendations in the
latest edition of the International 250
Safety Guide for Oil Tankers and Terminals. Charterers shall also have the
right to inspect and take samples 251
from the bunker tanks and other non-cargo spaces. Any delay to the vessel
caused by such inspection and 252
measurement or associated depressurizing /re pressurising of tanks shall
count against laytime, or if the 253
vessel is on demurrage, for demurrage.
18. The master shall ascertain the contents of all tanks before and after
Cargo loading and before and after 254
discharging, and shall prepare tank-by-tank ullage reports of the cargo, water
measurement and residues on board which 255
shall be promptly made available to Charterers or their representative if
requested. Each such ullage report 256
shall show actual ullage/dips, and densities at observed and standard
temperature (15o Celsius). All 257
quantities shall be expressed in cubic metres at both observed
and standard temperature. 258
19. The vessel's inert gas system (if any) shall comply with Regulation 62,
Inert gas Chapter II-2 of the 1974 259
Safety of Life at Sea Convention as modified by the Protocol of 1978 and
Owners warrant that such system 260
shall be operated in accordance with the guidance given in the IMO
publication "Inert Gas Systems (1983)". 261
Should the inert gas system fail, Section 8 (Emergency Procedures) of the said
IMO publication shall be 262
 strictly adhered to and time lost as a consequence of such failure shall not
count against laytime or, if the 263
vessel is on demurrage, for demurrage. 264
20. If the vessel is equipped for crude oil washing Charterers shall have the
Crude oil right to require the vessel to 265
crude oil wash those tanks in which the cargo is carried. If crude oil washing
washing is required by Charterers or any 266
competent authority, any additional discharging time thereby incurred shall
count against laytime or, if the 267
vessel is on demurrage, for demurrage, and the number of hours specified in
Part I(A) (vii) shall be increased 268
by 0.75 hours per cargo tank washed. 269
20. If the vessel is equipped for crude oil washing Charterers shall have
the right to require the
vessel to crude oil wash, concurrently with discharge, those tanks in
which Charterers’ cargo is
carried. If crude oil washing is required by Charterers or any competent
authority, any additional
discharge time thereby incurred, always subject to the next succeeding
sentences, shall count against
laytime or, if the vessel is on demurrage, for demurrage. The number of
hours specified in Part I (A) 1
(vii) as amended shall be increased by 0.6 hours per cargo tank washed,
always subject to a maximum
8
increas hour 12 HRS IF ALL TANKS WASHED OR PRORATA.If vessel fails
e of s to maintain AN
AVERAGE OF 100 PSI throughout the discharge then any time over 24
hours, EXCLUDING TIME
FOR STRIPPING AND MAX 3 HRS FOR STRIPPING plus the additional
discharge performance
allowance under this clause, shall not count as laytime or demurrage, if
on demurrage. This does not
reduce Owners’ liability for vessel to perform her service with utmost
despatch.
21. Any additional insurance on the cargo required because of the age of the
Over age vessel shall be for Owners'’ 270
accou
insurance nt. 271
22. The vessel shall not be required to force ice or to follow icebreakers. If the
Ice master finds that a 272
nominated port is inaccessible due to ice, the master shall immediately notify
Charterers requesting revised 273
orders and shall remain outside the ice-bound area; and if after arrival at a
nominated port there is danger of 274
the vessel being frozen in, the vessel shall proceed to the nearest safe and ice
free position and at the same 275
time request Charterers to give revised orders. 276
In either case if the affected
port is 277
(i) the first or only loading port and no cargo has been loaded, Charterers
shall either nominate another 278
port, or give notice canceling this charter in which case they shall pay at
the demurrage rate in Part 279
I(J) for the time from the master's notification aforesaid or from notice
of readiness on arrival, as the 280
case may be, until the time such cancellation notice is given; 281
(ii) a loading port and part of the cargo has been loaded, Charterers shall
either nominate another port, 282
or order the vessel to proceed on the voyage without completing
loading in which case Charterers 283
shall pay for any deadfreight arising therefrom; 284
 (iii) a discharging port, Charterers shall either nominate another port or
order the vessel to proceed to or 285
return to and discharge at the nominated port. If the vessel is ordered to
proceed to or return to a 286
nominated port, Charterers shall bear the risk of the vessel being
damaged whilst proceeding to or 287
returning to or at such port, and the whole period from the time when
the master's request for 288
revised orders is received by Charterers until the vessel can safely depart
after completion of 289
discharge shall count against laytime or, if the vessel is on demurrage,
for demurrage. 290
If, as a consequence of Charterers revising orders pursuant to this clause, the
nominated port(s) or the 291
number or rotation of ports is changed freight, shall nevertheless be paid for
the voyage which the vessel 292
would otherwise have performed had the orders not been so revised, such
freight to be increased or reduced 293
by the amount by which, as a result of such revision of orders, 294
(a) the time used including any time awaiting revised orders (which shall be
valued at the demurrage 295
rate in Part I (J)), 296
(b) The bunkers consumed (which shall be valued at the bunker costs at the
port at which bunkers were 297
last taken) and 298
(c) the port
charges 299
For the voyage actually performed are greater or less than those that would
have been incurred on the voyage 300
which, but for the revised orders under this Clause, the vessel would have
performed. 301
23. Time lost due to quarantine shall not count against laytime or for
Quarantine demurrage unless such quarantine 302
was in force at the time when the affected port was nominated by Charterers. 303
of
24. The vessel's agents shall be nominated by Charterers at loadin
Agency nominated loading ports g and 304
discharge ports,provided competitive.
Such agents, although nominated by Charterers, shall be employed and paid
by Owners . 305
25. (1) (a) If the vessel, with the quantity of cargo then on board, is unable due
Charterers' to inadequate depth of 306
water in the port safely to reach any specified discharging berth and discharge
obligation at the cargo there always safely 307
afloat, Charterers shall specify a location within port limits where the vessel
shallow draft can discharge sufficient cargo 308
into vessels or lighters to enable the vessel safely to reach and discharge cargo
port/ at such discharging berth, and 309
Lightening in the vessel shall lighten at such location. 310
port (b) If the vessel is lightened pursuant to Clause 25(1)(a) then, for the
purposes of the calculation 311
 of laytime and demurrage, the lightening place shall be treated as the first
discharging berth within the port 312
where such lightening occurs. 313
26. (1) If, after loading and/or discharging ports have been nominated,
Charterers' Charterers wish to vary such 341
nominations or their rotation, Charterers may give revised orders subject to
orders/ Part I(D) and/or (E), as the case 315
may be. Charterers shall reimburse Owners at the demurrage rate provided in
Change of Part I(J) for any deviation or 316
delay which may result therefrom and shall pay at replacement price for any
orders/ extra bunkers consumed. 317
Part cargo
Charterers shall not be liable for any other loss or expense which is caused by
transhipment such variation unless 318
promptly on receipt of the revised orders Owners notify Charterers of the
expectation of such loss or expense 319
in which case, unless Charterers promptly revoke such orders, Charterers shall
be liable to reimburse Owners 320
for any such loss or expense proven. 321
(2) Subject to Clause 33(6), Charterers may order the vessel to load
and/or discharge any part of 322
cargo by transhipment at sea in the vicinity of any nominated port or en route
between two nominated ports, 323
in which case Charterers shall reimburse Owners at the demurrage rate
specified in Part I(J) for any 324
additional steaming time and/or delay which may be incurred as a
consequence of proceeding to and from 325
the location at sea of such transhipment and, in addition, Charterers shall pay
at replacement price for any 326
extra bunkers consumed.
27. If Charterers require cargo heating the vessel shall, on passage to and
Heating whilst at discharging port(s), 327
maintain the cargo at the loaded temperature or at the temperature stated in
of cargo Part I(A) (iv), whichever is the 328
lower. Charterers may request that the temperature of the cargo be raised
above or lowered below that at 329
which it was loaded, in which event Owners shall use their best endeavours to
comply with such request and 330
Charterers shall pay at replacement price for any additional bunkers
consumed and any consequential delay 331
to the vessel shall count against laytime or, if the vessel is on
demurrage, for demurrage. 332
28. Owners undertake that, unless Charterers require
ETA otherwise, the master shall: 333
(a advise Charterers by radio immediately on leaving the final port of call
) on the previous voyage or 334
within 48 hours after the time and the date of this charter, whichever is
the later, of the time and 335
date of the vessel's expected arrival at the first loading port or, if the
loading range is in the 336
Arabian Gulf, the time of her expected arrival off Quoin 337
 Island;
(b confirm or amend such advice not later than 72 hours and again not
) later than 24 hours before the 338
vessel is due at the first loading port or, in the case of a loading range in
the Arabian Gulf, off 339
Quoin Island; 340
 (c advise Charterers by radio immediately after departure from the final
) loading port, of the vessel's 341
expected time of arrival at the first discharging port or the area at sea to
which the vessel has been 342
instructed to proceed for wireless orders, and confirm or amend such
advice not later than 72 hours 343
and again not later than 24 hours before the vessel is due at such port
or area; 344
(dimmediately radio any variation of more than six hours from expected
) times of arrival at loading or 345
discharging ports, Quoin Island or such area at sea to Charterers; 346
(e
) address all radio messages in accordance with Part I(K) 347
Owners shall be responsible for any consequences or additional expenses
arising as a result of non- 348
compliance with thisMASTER TO GIVE ETA NOTICES AS REQUIRED IN
Clause. CHARTERERS 349
VOYAGE ORDERS.
Packed 29. Charterers have the option of shipping products and/or general cargo in
cargo available dry cargo space, the 350
quantity being subject to the master's discretion. Freight shall be payable at the
bulk rate in accordance with 351
Clause 5 and Charterers shall pay in addition all expenses incurred solely as a
result of the packed cargo 352
being carried. Delay occasioned to the vessel by the exercise of such option shall
count against laytime or, if 353
the vessel is on demurrage, for demurrage. 354
30. Charterers shall have the option of sub-chartering the vessel and/or of
Subletting/ assigning this charter to any 355
person or persons,or any other company but Charterers shall always remain
Assignment responsible for the due 356
fulfillment of all the terms and conditions of this charter. And Charterers shall
countersign all LOIs 357
31. The vessel shall be at liberty to tow or be towed, to assist vessels in all
Liberty positions of distress, to call at 358
any port or ports for bunkers, to sail without pilots, and to deviate for the
purpose of saving life or property 359
or for the purpose of embarking or disembarking persons spares or supplies by
helicopter or for any other 360
reasonable purpose. 361
32. (a) The vessel, her master and Owners shall not, unless otherwise in this
Exceptions charter expressly provided, 362
be liable for any loss or damage or delay or failure arising or resulting from any
act, neglect or default of the 363
master, pilots, mariners or other servants of Owners in the navigation or
management of the vessel; fire 364
unless caused by the actual fault or privity of Owners; collision or stranding;
dangers and accidents of the 365
sea; explosion, bursting of boilers, breakage of shafts or any latent defect in hull,
equipment or machinery; 366
provided, however, that Part I(A) and Clauses 1 and 2 hereof shall be unaffected 367
 by the foregoing. Further,
neither the vessel, her master or Owners, nor Charterers shall, unless otherwise
in this charter expressly 368
provided, be liable for any loss or damage or delay or failure in performance
hereunder arising or resulting 369
from act of God, act of war, act of public enemies, seizure under legal process,
quarantine restrictions, 370
strikes, lock-outs, restraints of labour, riots, civil commotions or arrest or
restraint of princes rulers or people. 371
(b) Nothing in this charter shall be construed as in any way restricting,
excluding or waiving the right 372
of Owners or of any other relevant persons to limit their liability under any
available legislation or law. 373
(c) Clause 32(a) shall not apply to or affect any liability of Owners or the
vessel or any other relevant 374
person in respect of 375
(i) loss of or damage caused to any berth, jetty, dock, dolphin, buoy,
mooring line, pipe or crane 376
or other works or equipment whatsoever at or near any port to which
the vessel may proceed 377
under this charter, whether or not such works or equipment belong
to Charterers, 378
or 379
(ii) any claim (whether brought by Charterers or any other person)
arising out of any loss of or
damage to or in connection with the cargo. Any such claim shall be
subject to The Hague-
Visby Rules or The Hague Rules or The Hamburg Rules as the case may
be, which ought
pursuant to Clause 37 hereof to have been incorporated in the relevant
bill of lading (whether
or not such Rules were so incorporated), or if no such bill of lading is
issued to The Hague- 380
Visby Rules unless The Hamburg Rules compulsorily apply in which
case to The 381
Hamburg Rules. 382
383
384
Bills of33. (1) Subject to the provisions of this Clause Charterers may require the
lading master to sign lawful bills of 385
lading for any cargo in such form as Charterers direct. 386
(2) The signing of bills of lading shall be without prejudice to this charter
and Charterers hereby 387
indemnify Owners against all liabilities that may arise from signing bills of
lading to the extent that the same 388
impose liabilities upon Owners in excess of or beyond those imposed by this
charter. 389
(3) All bills of lading presented to the master for signature, in addition to
complying with the 390
requirements of Clauses 35, 36 and 37, shall include or effectively incorporate
clauses substantially similar 391
to the terms of Clauses 22, 33(7) and 34. 392
 (4) All bills of lading presented for signature hereunder shall show a
named port of discharge. If 393
when bills of lading are presented for signature discharging port(s) have been
nominated hereunder, the 394
discharging port(s) shown on such bills of lading shall be in conformity with the
nominated port(s). If at the 395
time of such presentation no such nomination has been made hereunder, the
discharging port(s) shown on 396
such bills of lading must be within Part I(E) and shall be deemed to have been
nominated hereunder by virtue 397
 of such presentation. 398
(5) Article III Rules 3 and 5 of the Hague-Visby Rules shall apply to the particulars
included in the 399
bills of lading as if Charterers were the shippers, and the guarantee and indemnity
therein contained shall 400
apply to the description of the cargo furnished by or on behalf of Charterers. 401
(6) Notwithstanding any other provisions of this charter, Owners shall not be
obliged to comply with 402
any orders from Charterers to discharge all or part of the cargo 403
(i) at any port other than that shown on the bills of lading (except as
provided in Clauses 22 or 404
34) and/or 405
(ii) without presentation of an original bill of
lading 406
unless they have received from Charterers both written confirmation of such
orders and an indemnity 407
acceptable to Owners. 408
(7) The master shall not be required or bound to sign bills of lading for any
blockaded port or for any 409
port which the master or Owners in his or their discretion consider dangerous
or impossible to enter or reach. 410
(8) Charterers hereby warrant that on each and every occasion that they issue
orders under Clauses 411
22, 26, 34 or 38 they will have the authority of the holders of the bills of lading to
give such orders, and that 412
such bills of lading will not be transferred to any person who does not concur
therein. 413
34.
War risks (1) If 414
(a any loading or discharging port to which the vessel may properly be
) ordered under the 415
provisions of this charter or bills of lading issued pursuant to this
charter be blockaded, or 416
(b owing to any war, hostilities, warlike operation, civil commotions,
) revolutions, or the 417
operation of international law (i) entry to any such loading or
discharging port or the loading 418
or discharging of cargo at any such port be considered by the master
or Owners in his or their 419
discretion dangerous or prohibited or (ii) it be considered by the
master or Owners in his or 420
their discretion dangerous or impossible or prohibited for the vessel
to reach any such loading 421
or discharging port, 422
Charterers shall have the right to order the cargo or such part of it as may be
affected to be loaded or 423
discharged at any other loading or discharging port within the ranges specified in
Part I(D) or (E) 424
respectively (provided such other port is not blockaded and that entry thereto or
loading or discharging of 425
cargo thereat or reaching the same is not in the master's or Owners' opinion 426
dangerous or impossible or
prohibit
ed).
(2) If no orders be received from Charterers within 48 hours after they or their
agents have received 427
from Owners a request for the nomination of a substitute port, then 428
(a) if the affected port is the first or only loading port and no cargo has been
loaded, this charter 429
shall terminate forthwith; 430
(b if the affected port is a loading port and part of the cargo has already
) been loaded, the vessel 431
may proceed on passage and Charterers shall pay for any
deadfreight so incurred; 432
433
(c) if the affected port is a discharging port, Owners shall be at liberty to
discharge the cargo at 434
any port which they or the master may in their or his discretion
decide on (whether within 435
the range specified in Part I(E) or not) and such discharging shall be
deemed to be due 436
fulfillment of the contract or contracts of affreightment so far as
cargo so discharged is 437
concerned. 438
(3) If in accordance with Clause 34(1) or (2) cargo is loaded or discharged at any
such other port, 439
freight shall be paid as for the voyage originally nominated, such freight to be
increased or reduced by the 440
amount by which, as a result of loading or discharging at such other port, 441
(a) the time on voyage including any time awaiting revised orders (which shall
be valued at the 442
demurrage rate in Part I(J)), 443
(b) the bunkers consumed (which shall be valued at the bunker costs at the port
at which bunkers 444
were last taken), and 445
(c
) the port charges 446
For the voyage actually performed are greater or less than those which would
have been incurred on the 447
voyage originally nominated Save as aforesaid, the voyage actually performed
shall be treated for the 448
purpose of this Charter as if it were the voyage originally nominated. 449
(4) The vessel shall have liberty to comply with any directions or
recommendations as to departure, 450
arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in
any otherwise whatsoever 451
given by the government of the nation under whose flag the vessel sails or any
other government or local 452
authority including any de facto government or local authority or by any person
or body acting or purporting 453
to act as or with the authority of any such government or authority or by any
committee or person having 454
under the terms of the war risks insurance on the vessel the right to give any such
directions or 455
recommendations. If by reason of or in compliance with any such directions or
recommendations anything is 456
done or is not done, such shall not be deemed a deviation. 457
 If by reason of or in compliance with any such directions or
recommendations the vessel does not proceed to 458
the discharging port or ports originally nominated or to which she may have
been properly ordered under the 459
provisions of this charter or bills of lading issued pursuant to this charter, the
vessel may proceed to any 460
discharging port on which the master or Owners in his or their discretion may
decide and there discharge the 461
cargo. Such discharging shall be deemed to be due fulfillment of the contract
or contracts of affreightment and 462
Owners shall be entitled to freight as if discharging had been effected at the
port or ports originally nominated or 463
to which the vessel may have been properly ordered under the provisions of
this charter or bills of lading issued 464
pursuant to this charter. All extra expenses involved in reaching and
discharging the cargo at any such other 465
discharging port shall be paid by Charterers and Owners shall have a lien on
the cargo for all such extra 466
expenses.
35. If the liability for any collision in which the vessel is involved while
Both to blame performing this charter falls to be 467
determined in accordance with the laws of the United States of America, the
clause following clause, which shall be 468
included in all bills of lading issued pursuant to this charter shall apply:- 469
"If the vessel comes into collision with another vessel as a result of the
negligence of the other vessel and any act, 470
neglect or default of the master, mariner, pilot or the servants of the Carrier in
the navigation or in the 471
management of the vessel, the owners of the cargo carried hereunder will
indemnify the Carrier against all loss or 472
liability to the other or non-carrying vessel or her owners in so far as such loss
or liability represents loss of, or 473
damage to, or any claim whatsoever of the owners of the said cargo, paid or
payable by the other or non-carrying 474
vessel or her owners to the owners of the said cargo and set off, recouped or
recovered by the other or 475
non-carrying vessel or her owners as part of their claim against the carrying
vessel or the Carrier. 476
The foregoing provisions shall also apply where the owners, operators or
those in charge of any vessel or 477
vessels or objects other than, or in addition to, the colliding vessels or objects
are at fault in respect of a 478
collision or contact." 479
36. General average shall be payable according to the York/Antwerp Rules,
General 1974, and shall be adjusted in 480
London, but should the adjustment be made in accordance with the law and
average/ practice of the United States of 481
America, the following clause, which shall be included in all bills of lading
New Jason issued pursuant to this charter, 482
Clause shall 197 483
apply:- 4
 36. General average shall be payable according to the 199
York/Antwerp Rules as amended 4
AS AMENDED 1990 AND THEREAFTER and shall be adjusted in London.
All disputes relating to
General Average shall be resolved in London in accordance with English
Law. Without prejudice to
the foregoing, should the adjustments be made in accordance with the
Law and practice of the United
States of America the following clause, which shall be included in all Bills
of Lading issued pursuant to
this Charter, shall apply:-
"In the event of accident, danger, damage or disaster before or after the
commencement of the voyage, 484
resulting from any cause whatsoever, whether due to negligence or not, for
which, or for the consequence of 485
which, the Carrier is not responsible, by statute, contract or otherwise, the
cargo, shippers, consignees or 486
owners of the cargo shall contribute with the Carrier in general average to the
payment of any sacrifices, 487
losses or expenses of a general average nature that may be made or incurred
and shall pay salvage and 488
special charges incurred in respect of the cargo. 489
If a salving vessel is owned or operated by the Carrier, salvage shall be paid
for as fully as if the said 490
salving vessel or vessels belonged to strangers. Such deposit as the Carrier or
its agents may deem sufficient 491
to cover the estimated contribution of the cargo and any salvage and special
charges thereon shall, if 492
required, be made by the cargo, shippers, consignees or owners of the cargo to
the Carrier before delivery." 493
37. The following clause shall be included in all bills of lading issued
Clause pursuant to this charter:- 494
paramount 495
"CLAUSE PARAMOUNT 496
(1) Subject to sub-clauses (2) or (3) hereof, this bill of lading shall be
governed by, and have effect 497
subject to, the rules contained in the International Convention for the
Unification of Certain Rules relating to 498
Bills of Lading signed at Brussels on 25th August 1924 (hereafter the "Hague
Rules") as amended by the 499
Protocol signed at Brussels on 23rd February 1968 (hereafter the "Hague-
Visby Rules"). Nothing contained 500
here contai shall be deemed to be either a surrender by the Carrier of any of
in ned his rights or immunities or 501
an increase of any of his responsibilities or liabilities under the Hague-Visby
Rules. 502
(2) If there is governing legislation which applies the Hague Rules
compulsorily to this bill of lading, to 503
the exclusion of the Hague-Visby Rules, then this bill of lading shall have effect
subject to the Hague Rules. 504
Nothing herein contained shall be deemed to be either a surrender by the505
Carrier of any of his rights or
immunities or an increase of any of his responsibilities or liabilities under the
Hague Rules. 506
(3) If there is governing legislation which applies the Hamburg rules
compulsorily to this bill of lading to the exclusion of the Hague-Visby
Rules, then this bill of lading shall have effect subject to the
 Hamburg Rules. Nothing herein contained shall be deemed to be either
a surrender by the carrier of any of his rights or immunities or an
increase of any of his responsibilities or liabilities under the Hamburg
Rules.
(3(4) If any term of this bill of lading is repugnant to the Hague-Visby Rules,
) or the Hague Rules or 507
Hamburg Rules, if applicable, such term shall be void to that extent but no
further. 508
(4(5) Nothing in this bill of lading shall be construed as in any way
) restricting, excluding or waiving the 509
right of any relevant party or person to limit his liability under any available
legislation and/or law. 510
38. Charterers may order the vessel to load a part cargo at any nominated
Back loading discharging port, and to 511
discharge such part cargo at a port(s) to be nominated by Charterers within
the range specified in Part I(E) 512
and within the rotation of the discharging ports previously nominated,
provided that such part cargo is of the 513
description specified in Part I(F) and that the master in his absolute discretion
determines that the cargo can 514
be loaded, segregated and discharged without risk of contamination by, or of,
any other cargo remaining on 515
boar
d.
Charterers shall pay a lump sum freight in respect of such part cargo
calculated at the demurrage rate 516
specified in Part I(J) on any additional time used by the vessel as a result of
loading, carrying or discharging 517
such part cargo. 518
Any additional expenses, including port charges, incurred as a result of
loading or discharging such part 519
cargo shall be for Charterers' account. 520

38. Charterers may order the vessel to discharge and/or backload a part or
full cargo at any nominated port within the loading/discharging ranges
specified within Part 1 (D/E) and within the rotation of the ports previously
nominated, provided that any cargo loaded is of the description apecified in
Part 1 (F) and that the Master in his reasonable discretion determine that the
cargo can be loaded, segregated and discharged without risk of
contamination by, or of any other cargo.
Charterers shall pay in respect of loading, carrying and discharging such cargo as follows:-

1) A lumpsum freight calculated at the demurrage rate specified in Part 1

(J) on any additional port time used by the vessel; and
2) any additional expenses, including port charges incurred, and

3) if the vessel is fixed on a Worldscale rate in Part 1 (G) then freight shall
always be paid for the
whole voyage at the rate(s) specified in Part 1 (G) on the largest cargo
quantity carried on any ocean
 leg.
39. Owners shall give Charterers or any other company in the Royal
Bunkers Dutch/Shell Group of Companies 521
first option to quote for the supply of bunker requirements for the
performance of this charter. 522
Oil pollution 40. (1) Owners shall ensure that the master shall:- 523
prevention comply with MARPOL 73/78 including in particular and without
(a) limitation Regulation 9, Chapter 542
II of the International Convention for the Prevention of Pollution from
Ships 1973; 525
collect the drainings and any tank washings into a suitable tank or
(b) tanks and, after maximum 526
separation of free water, discharge the bulk of such water overboard,
consistent with the above 527
regulations; and 528
thereafter notify Charterers promptly of the amounts of oil and free
(c) water so retained on board and 529
details of any other washings retained on board from earlier voyages
(together called the "collected 530
washings"). 531
(d) not to load on top of such “collected washing” without specific
instructions from Charterers.
(2) On being so notified, Charterers, in accordance with their rights under this
Clause (which shall 532
include without limitation the right to determine the disposal of the collected
washings), shall before the 533
vessel's arrival at the loading berth (or if already arrived as soon as possible
thereafter) give instructions as to 534
how the collected washings shall be dealt with. Owners shall ensure that the
master on the vessel's arrival at 535
the loading berth (or if already arrived as soon as possible thereafter) shall
arrange in conjunction with the 536
cargo suppliers for the measurement of the quantity of the collected washings
and shall record the same in 537
the vessel's ullage record. 538
(3) Charterers may require the collected washings to be discharged ashore at
the loading port, in 539
which case no freight shall be payable on them. 540
(4) Alternatively Charterers may require either that the cargo be loaded on
top of the collected 541
washings and the collected washings be discharged with the cargo, or that
they be kept separate from the 542
cargo in which case Charterers shall pay for any deadfreight incurred thereby
in accordance with Clause 8 543
and shall, if practicable, accept discharge of the collected washings at the
discharging port or ports. 544
In either case, provided that the master has reduced the free water in the
collected washings to a minimum 545
consistent with the retention on board of the oil residues in them and
consistent with sub-Clause (1)(a) 546
 above, freight in accordance with Clause 5 shall be payable on the quantity of
the collected washings as if 547
such quantity were included in a bill of lading and the figure therefor
furnished by the shipper provided, 548
however, that
if there is provision in this charter for a lower freight rate to apply to
(i) cargo in excess of an agreed 549
quantity, freight on the collected washings shall be paid at such lower
rate (provided such 550
agreed quantity of cargo has been loaded) and 551
if there is provision in this charter for a minimum cargo quantity
(ii) which is less than a full cargo, 552
then whether or not such minimum cargo quantity is furnished, freight
on the collected washings 553
shall be paid as if such minimum cargo quantity had been furnished,
provided that no freight shall 554
be payable in respect of any collected washings which are kept
separate from the cargo and not 555
discharged at the discharge port. 556
(5) Whenever Charterers require the collected washings to be discharged
ashore pursuant to this 557
Clause, Charterers shall provide and pay for the reception facilities, and the
cost of any shifting therefor shall 558
be for Charterers' account. Any time lost discharging the collected washings
and/or shifting therefor shall 559
count against laytime or, if the vessel is on demurrage, for demurrage. 560
TOVALOP 41. Owners warrant that the vessel: 561
(i) is a tanker owned by a Participating Owner in
TOVALOP 562
and 563
(ii is entered in the P & I Club stated in
) Part I(A) (xii) 564
And will so remain during the currency of this charter. 565
When an escape or discharge of Oil occurs from the vessel and causes or
threatens to cause Pollution 566
Damage, or when there is the Threat of an escape or discharge of Oil (i.e. a
grave and imminent danger of 567
the escape or discharge of Oil which, if it occurred, would create a serious
danger of Pollution Damage, 568
whether or not an escape or discharge in fact subsequently occur), then
Charterers may, at their option upon 569
notice to Owners or master, undertake such measures as are reasonably
necessary to prevent or minimise 570
such Pollution Damage or to remove the Threat, unless Owners promptly
undertake the same. Charterers 571
shall keep Owners advised of the nature and result of any such measures
taken by them and, if time permits, 572
the nature of the measures intended to be taken by them. Any of the
aforementioned measures taken by 573
Charterers shall be deemed taken on Owners' authority and as Owners
agents, and shall be at Owners' 574
 expense except to the extent that: 575
Any such escape or discharge or Threat was caused or contributed to
(1) by Charterers, or 576
by reason of the exceptions set out in Article III, paragraph 2, of the
(2) 1969 International Convention 577
on Civil Liability for Oil Pollution Damage or any protocol thereto,
Owners are or, had the said 578
Convention applied to such escape or discharge or to the Threat, would
have been, exempt from 579
liability for the same, or 580
the cost of such measures together with all other liabilities, costs and
(3) expenses of Owners arising 581
out of or in connection with such escape or discharge or Threat
exceeds the maximum liability 582
applicable to the vessel under TOVALOP as at the time of such escape
or discharge or threat, save 583
and insofar as Owners shall be entitled to recover such excess under
either the 1971 International 584
Convention on the Establishment of an International Fund for
Compensation for Oil Pollution 585
Damage or under CRISTAL. 586
PROVIDED ALWAYS that if Owners in their absolute discretion consider said
measures should be 587
discontinued. Owners shall so notify Charterers and thereafter Charterers
shall have no right to continue said 588
measures under the provisions of this Clause and all further liability to
Charterers under this Clause shall 589
thereupon cease. 590
The above provisions are not in derogation of such other rights as Charterers
or Owners may have under 591
this Charter or may otherwise have or acquire by law or any international
convention or TOVALOP. 592
The term "TOVALOP" means the Tanker Owners' Voluntary Agreement
Concerning Liability for Oil 593
Pollution dated 7th January 1969, as amended from time to time, and the term
"CRISTAL" means the 594
Contract Regarding an Interim Supplement to Tanker Liability for Oil
Pollution dated 14th January 1971, as 595
amended from time to time. The terms, "Participating Owner", "Oil" and,
"Pollution Damage" shall for the 596
purposes of this clause have the meanings ascribed to them in TOVALOP. 597
41. ITOPF Clause

Owners warrant that throughout the duration of this Charter the vessel
will be:

i) owned or demise chartered by a member of the “International

Tanker Owners’ Pollution Federation Limited”, and
ii) entered in the Protection and Indemnity (P&I) Club
stated in Part I (A) 1 (xii) as amended.
Lien 42. Owners shall have an absolute lien upon the cargo and all sub freights for all 598
amounts due under this
charter and the cost of recovery thereof including any expenses whatsoever arising
from the exercise of such 599
 lien.
43. (a) This charter shall be construed and the relations between the parties
Law and determined in accordance 600
litigation with the laws of England. 601
(b) any dispute arising under this charter shall be decided by the English
Courts to whose jurisdiction 602
the parties hereby agree. 603
(c) Notwithstanding the foregoing, but without prejudice to any party's
right to arrest or maintain the 604
arrest of any maritime property, either party may, by giving written notice of
election to the other party, elect 605
a
to have any such dispute referred to thesingl three arbitrators (Refer Essar
arbitration of e Provisions 606
Clause No. 2 ARBITRATION CLAUSE) in London in accordance with the
provisions of the Arbitration 607
Ac 19 1996, or any statutory modification or re-enactment thereof
t 50 for the time being in force. 608
(i) A party shall lose its right to make such an election only if: 609
(a) it receives from the other party a written notice of dispute
which - 610
(1) states expressly that a dispute has arisen out of this charter; 611
(2) specifies the nature of the dispute; and 612
(3) refers expressly to this clause 43(c) and; 613
(b) it fails to give notice of election to have the dispute referred to
arbitration not later 614
than 30 days from the date of receipt of such notice of dispute. 615
(ii) the parties hereby agree that either party may - 616
(a) appeal to the High Court on any question of law arising out of
an award; 617
(b) apply to the High Court for an order that the arbitrator state
the reasons for his award; 618
(c) give notice to the arbitrator that a reasoned award is required;
and 619
(d) apply to the High Court to determine any question of law arising in
the course of the 620
reference 621
(d) It shall be a condition precedent to the right of any party to a stay of
any legal proceedings in 622
which maritime property has been, or may be, arrested in connection with a
dispute under this charter, that 623
that party furnishes to the other party security to which that other party would
have been entitled in such 624
legal proceedings in the absence of a stay. 625
Constructio 44. The side headings have been included in this charter for convenience of
n reference only and shall in no 626
way affect the construction hereof. 627
SHELL ADDITIONAL CLAUSES - 1st February, 1999.
1. Indemnity Clause

If Charterers by telex, facsimile or other form of written communication that specifically refers
to this Clause/Addendum request Owners to discharge a quantity of cargo either :-

(A) without bills of lading and/or

(B) at a discharge place other than that named in a bill of lading and/or

(C) that is different from the bill of lading quantity OWNERS AGREE TO DISCHARGE THE
ENTIRE CARGO AGAINST CHARTERERS’ SINGLE LITTER OF INDEMNITY FOR NON-
PRODUCTION OF BILL(S) OF LADING AND / OR CHANGE OF DESTINATION. THIS LETTER WILL
BE AS PER OWNERS’P AND I CLUB WORDING, AS ATTACHED, AND TO BE SIGNED BY
CHARTERERS ONLY.

then Owners shall discharge such cargo in accordance with Charterers’ instructions in
consideration of receiving a letter of the following indemnity which shall be deemed to be given
by Charterers on each and every such occasion and which is limited in value to 200 per cent of
the C.I.F. value of the cargo on board :

i) Charterers shall indemnify Owners, and Owners’ servants and agents in respect of any
liability loss or damage of whatsoever nature (including legal costs as between attorney
or solicitor and client and associated expenses) which Owners may sustain by reason of
delivering such a cargo in accordance with Charterers’ request.

ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in
connection with the vessel having delivered cargo in accordance with such request,
Charterers shall provide Owners or any of Owners’ servants or agents from time to time
on demand with sufficient funds to defend the said proceedings.

iii) If the vessel or any other vessel or property belonging to Owners should be arrested or
detained, or if the arrest or detention thereof should be threatened, by reason of
discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall
provide on demand such bail or other security as may be required to prevent such arrest
or detention or to secure the release of such vessel or property and Charterers shall
indemnify Owners in respect of any loss, damage or expenses caused by such arrest or
detention whether or not the same may be justified.

iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’
possession, custody or control, redeliver the same to Owners.

v) As soon as all original bills of lading for the above cargo which name as discharge port
the place where delivery actually occurred shall have arrived and/or come into
Charterers’ possession, Charterers shall produce and deliver the same to Owners,
whereupon Charterers’ liability hereunder shall cease.

Provided however, if Charterers have not received all such original bills of lading by
24.00 hours on the day 36 calendar months after the date of discharge, then this
indemnity shall
 terminate at that time unless before that time Charterers have received from Owners
written notice that:

a) Some person is making a claim in connections with Owners delivering cargo

pursuant to Charterers’ request or

b) Legal proceedings have been commenced against Owners and/or carriers and/or
Charterers and/or any of their respective servants or agents and/or the vessel for the
same reason.

When the Charterers have received such a notice, then this indemnity shall continue in
force until such claim or legal proceedings are settled. Termination of this indemnity
shall not prejudice any legal rights a party may have outside this indemnity.

vi) Owners shall promptly notify Charterers if any person (other than a person to whom
Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if
the vessel or any other property belonging to Owners is arrested by reason of any such
discharge of cargo.

vii) This indemnity shall be governed and construed in accordance with the English Law and
each and any dispute arising out of or in connection with this indemnity shall be subject
to the jurisdiction of the High Court of Justice of England.

2. Original Bill of Lading Clause

Owners hereby agree that original Bill(s) of Lading, if available, will be allowed to be placed
onboard. If original Bill(s) of Lading are placed on board, Owners agree that vessel will
discharge cargo against such Bill(s) Lading carried onboard, on receipt of Receivers’ proof of
identity.

3. Insurance Clause

1) Oil Pollution

It is a condition of this Charter that Owners have in place cover for oil pollution of upto the
maximum available through the International group of P&I Clubs (currently United States
Dollars One Billion) and excess oil pollution cover available through either Owners’ P&I club
and/or first class market underwriters so that total minimum coverage is never less than United
States Dollars One Billion. If requested by Charterers, Owners shall immediately furnish to
Charterers full and proper evidence of the coverage (minimum of United States Dollars One
Billion).

2) Civil Liability Clause

Owners warrant that the vessel carries on board a certificate of insurance as required by the
Civil Liability Convention for Oil Pollution damage. Owners further warrant that said certificate
will be maintained effective throughout the duration of performance under this Charter. All
time, cost and expenses as a result of Owners’ failure to comply with the foregoing shall be for
Owners’ account.
3) Hull and Machinery
Owners warrant that they have in full force and effect Hull and Machinery insurance placed
through reputable Brokers on Institute Time Clauses - Hull 1/10/83 for the value of U.S.$.
21.50 MIO(TWENTY ONE MILLION AND FIFTY THOUSAND). Such insurance to be
maintained for the duration of this Charter. Owners shall furnish H & M policy cover note.

4) War Risk Clause

Owners to pay for the annual war risk insurance. Any Additional war risk premium paid
by the owners (in Line with the London / Norway / Japanese insurance market) for
trading Within the war risk area payable on the value of hull and machinery / war risk
insurance value totalling US$ xxx million will be reimbursed by Charterers against
owners' invoice duly supported by proof of payment and policy cover note from the war
underwriters.

The period for which the additional war risk premium is payable shall commence when
the vessel enters a war risk zone as designated by the London Insurance Market and
cease when the vessel leaves such zone. If the vessel is already in such a zone at time of
fixing clean of subjects, the period shall commence from the time of departing from last
position or last port of call to commence the voyage under this charter and cease when
she leaves such a zone. Any discount or rebate refunded to owners shall be passed on to
Charterers.

For the avoidance of doubt it is agreed that if the vessel is bound to enter an excluded
area in order to arrive at the loadport, or if the vessel will have to steam away from the
discharge port in order to leave an excluded area then the additional premiums and
bonuses payable by charterers shall include those payable from the time the vessel
passes into the excluded area inward bound to the loadport and until the time the vessel
passes out of the excluded area outward bound from the discharge port calculated at
normal speeds and prudent navigation.

Any premium and increase thereto, attributable to closure insurance (i.e. blocking and
trapping) and crew war bonus shall be for Owners' account.
OWNERS SHALL EFFECT WAR RISKS INSURANCE IN RESPECT OF THE HULL AND
MACHINERY OF THE VESSEL AND THEIR OTHER INTERESTS (INCLUDING,BUT NOT
LIMITED TO,LOSS OF EARNINGS AND DETENTION, THE CREW AND THEIR PROTECTION
AND INDEMNITY RISKS), AND THE GENERAL PREMIUMS AND/OR CALLS THEREFORE
SHALL BE FOR THEIR ACCOUNT. CREW WAR BONUSES SHALL BE FOR OWNERS ACCOUNT
AS AT THE DATE OF THIS CHARTER. WAR RISKS INSURANCE ADDITIONAL PREMIUMS
INCURRED AS A RESULT OF THE VESSEL ENTERING AN EXCLUDED AREA (‘ADDITIONAL
PREMIUM’ AS DESIGNATED BY OWNERS WAR RISK UNDERWRITERS) SHALL BE FOR
CHARTERER’S ACCOUNT, NET OF ALL DISCOUNTS OR REBATES AND PROVIDED ALWAYS
THAT CHARTERERS ARE GIVEN NOTICE OF THE AMOUNT OF SUCH ADDITIONAL
PREMIUM AS SOON AS POSSIBLE AND, IN ANY EVENT, BEFORE SUCH ADDITIONAL
PREMIUM IS PAID.

THE BENEFIT OF DISCOUNTS OR REBATES ON ADDITIONAL PREMIUM RECEIVED BY

OWNERS FROM THEIR WAR RISKS INSURERS, UNDERWRITERS OR BROKERS SHALL BE
CREDITED TO CHARTERERS IN FULL. CHARTERERS SHALL REIMBURSE OWNERS ANY
AMOUNTS DUE UNDER THIS CLAUSE UPON RECEIPT OF OWNERS’ INVOICE TOGETHER
WITH FULL SUPPORTING DOCUMENTATION INCLUDING ALL ASSOCIATED DEBIT AND
CREDIT NOTES, AND PROOF OF PAYMENT.

FOR THE AVOIDANCE OF DOUBT ANY ‘BLOCKING AND TRAPPING’, ‘LOSS OF PROFIT’, ‘LOSS
OF HIRE’, ‘LOSS OF FREIGHT’, OR ‘LOSS OF BUNKERS’ INSURANCE TAKEN OUT BY OWNERS
IN RESPECT OF THE VESSEL, AND ANY ADDITIONAL PREMIUM RELATING THERETO
ARISING FROM CHARTERERS’ TRADING OF THE VESSEL, SHALL BE FOR OWNERS’
ACCOUNT. (H&M VALUE USD 21.50 MIO)
 5) Year 2000

Owners hereby warrant that they shall comply with all procedures and requirements of
whatsoever nature imposed by insurers, whether Hull and Machinery, War Risks, P&I, excess oil
pollution or any others in order to maintain usual coverage for loss, damage, liability or expense
directly or indirectly caused by or in way in consequences of :

the failure or anticipated failure or inability of any computer system, software, hardware,
integrated circuit, microchip, operating system and/or any other electronic device or
component, whether or not belonging to or in possession of Owners or of any third party,
correctly, unambiguously or completely to assign, exchange, interpret, manipulate,
process, recognise, sequence or transfer any time, date or date-like code, data or
information:

any implemented or attended change or modification or test of any computer system, software,
hardware, integrated circuit, microchip, operating system and/or any other electronic
device or component, whether or not belonging to or in possession of Owners or of any
third party, in anticipation of or in response to any change of year, date or time, or any
advice given or services performed in connection with any such change or modification:
any non-use or unavailability for use for any property or equipment of any kind whatsoever
resulting from any act, failure to act or decision of Owners or of any third part related to
(A) and /or (B) above.

4. Early Loading Clause

If vessel is able to, and Charterers so instruct, the vessel shall load earlier than commencement
of laydays and the following shall apply.ANY TIME SAVED TO BE SHARED 50/50

Charterers shall have the benefit of such time saved when calculating laytime and/or
demurrage at subsequent ports of call, and/or waiting places en route between ports. Such
benefit shall be the time between commencement of loading until the commencement of the
original laydays.

5. Drug and Alcohol Clause

Owner is aware of the problem of the Drug and Alcohol abuse and warrants that it has an active
written policy in force, covering the vessel, which meets or exceeds the standards set out in the
“Guidelines for the Control of Drugs and Alcohol onboard Ship” as published by the Oil
Companies International Marine Forum (OCIMF) dated June, 1995. Owner further warrants that
this policy shall remain in force during the period of this Charter and such policy shall be
adhered to throughout this Charter.

6. Charges / Claims Clause

Charterers shall be discharged and released from all liability in respect of any charges/ claims
(other than Demurrage) including but not limited to:-
ƒ detention, deviation, shifting, heating, dead-freight, speed up, slow down, port costs,
additional freight, indemnity claims, insurance, Worldscale charges / dues;
 Owner may send to Charterers under this Charter unless any such charges / claims have been
received by Charterer in writing, fully and correctly documented within ninety (90) 120(ONE
HUNDRED AND TWENTY) days from completion of discharge of the cargo concerned under this
Charter. Clause 15(3) as amended of Shellvoy 5 covers the notification and fully documented
claim procedure for demurrage.Claims arising out of the BL(s) or LOI(s) are not subject to this
time bar

7. Worldscale Dues Clause

Any costs itemised under applicable ‘’Worldscale’’ as being for Charterers’ account shall, unless
otherwise instructed by Charterers, be paid by Owners and reimbursed by Charterers together
with freight against Owners’ fully documented claim.

8. ITWF Clause

Owners undertake that the terms of employment of the vessel’s staff and crew will always
remain acceptable to the International Transport Workers Federation or equivalent on a World-
wide basis. All time, costs and expenses incurred as a result of Owners’ failure to comply with
foregoing shall be for Owners’ account.

9. Letter of Protest / Deficiencies Clause

It is a condition of this Charter that from the time the vessel sails to the first load port there will
be no Letter(s) of Protest (L.O.P.’s) or deficiencies outstanding against the vessel to the best of
Owners’ knowledge. This refers specifically to L.O.P.’s or deficiencies issued by Terminal
Inspectorate or similar Port or Terminal Authorities. This applies specifically to any Saudi
Arabian port and also to any other port Charterers may order the vessel to under this Charter.
Without prejudice to Charterers’ other rights under this clause all time, cost and expenses as a
result of Owners’ failure to comply with the foregoing shall be for Owners’ account.

10. Documentation Clause

Owners shall ensure that the Master and Agents produce documentation and provide
Charterers with copies of all such documentation relevant to each port and berth call and all
transshipments at sea, including but not limited to:-

ƒ Notice of Readiness / Statement of Facts / Shell Form 19x / Time sheet(s) / Letter(s) of
Protest (LOP) / Hourly pumping logs / COW performance logs;

by facsimile (to number advised in the voyage instructions). These documents to be faxed
within 48 hours from sailing from each load or discharge port or transshipment area. If the
vessel is described in attached questionnaire as not having a facsimile machine onboard the
Master shall advise Charterers, within 48 hours from sailing from each port under this Charter,
of the documents he has available and ensures copies of such documents are faxed by agents to
Charterers from the relevant port of call or at latest from the next port of call. Complying with
this clause does not affect the terms of Clause 15(3) as amended of Shellvoy 5 with regard to
notification and submission of a fully documented claim for demurrage or additional Clause 6
hereof.

If any actions or facilities of Suppliers / Receivers / Terminal or Charterers, as applicable,

impinge on the vessel’s ability to perform the warranties and/or guarantees of performance
under this Charter the Master must issue a LOP to such effect. If the Master fails to issue such
LOP then Owners shall waive any rights to claim.
 Master and Agents shall ensure that all documents concerning port / berth and cargo activities
at all ports/berths and transshipment at sea places are signed by both an officer of the vessel
and a representative of either Suppliers / Receivers / Terminal or Charterers, as applicable.

If such a signature from Suppliers / Receivers / Terminal or Charterers, as applicable is not

obtainable, the Master or his Agents should issue a LOP to such effect.

All LOP’s issued by Master or his Agents or received by Master or his agents must be forwarded
to Charterers as per the terms of this clause.

11. Adherence to Voyage Instruction Clause

A) Owners shall be responsible and indemnify Charterers for any time, costs, delays or loss
including but not limited to use of laytime, demurrage, deviation expenses, lightening costs
and associated fees and expenses, due to any failure whatsoever to comply fully with
Charterers’ voyage instructions PROVIDED SAME ARE IN FULL COMPLIANCE WITH C/P
TERMS AND CONDITIONS, including, without limitation to the generality of the foregoing,
loading more cargo than permitted under the International Load Line Convention, for the time
being in force, or for not leaving sufficient space for expansion of cargo or loading more or less
cargo than Charterers specified.

This clause shall have effect notwithstanding the provision of Clause 32(a) of Part II of Shellvoy
5 or Owners’ defenses under the Hague-Visby Rules.

B) Without prejudice to the provisions of sub-clause (A) of this clause, if a conflict arises between
terminal orders and Charterers’ voyage instructions, the Master shall stop cargo operations
and contact Charterers immediately. Terminal orders shall never supersede Charterers’
voyage instructions and any conflict shall be resolved prior to resumption of cargo operations.
The vessel shall not resume cargo operations until Charterers have directed vessel to do so.
Failure of Owners to comply with the procedure set forth above shall result in the deduction
from laytime or demurrage time of the time used in resolving the vessel/terminal instruction
conflict. And provided such voyage orders are given timely

12. Administration Clause (Refer Essar Rider Clause No. 14)

The agreed terms and conditions of this Charter shall be recorded and evidenced by the
production of a fixture recap sent to both Charterers and Owners within 24 hours of fixture
being concluded. This recap shall state the name and date of the Standard Pre-printed Charter
Party Form, on which the Charter is based, along with all amendments / additions / deletions to
such Charter Party Form. All the Shell February 1999 additional clauses agreed should be
referred to by name and number only unless amendments/additions/deletions to these
additional clauses have been made, whereupon the amended clauses shall be reproduced with
full wording. All further additional clauses agreed shall be reproduced in the recap with full
wording.

The fixture recap shall be approved and acknowledged as correct by both Owners and
Charterers to either the Ship Broker through whom they negotiated or, if no Ship Broker was
involved, to each other within two working days after fixture concluded. No Formal written and
signed Charter Party will be produced unless specifically requested by Charterers or Owners or
is required by additional clauses.
13. Questionnaire(s)

Owners warrant that any information provided on any Questionnaire(s) requested by

Charterers or any other vessel information / details provided by Owners to Charterers is always
complete and correct as at the date hereof, and from the time when the obligation to proceed to
the load port attaches and throughout the Charter service. This information is an integral part
of this Charter but if there is any conflict between the contents of the Questionnaire(s), or
information provided by Owners, and any other provisions of this Charter then such other
provisions shall govern.

14. Cargo Retention Clause

If on completion of discharge any liquid cargo of pumpable nature WHICH IS REACHABLE BY

SHIPS MEANS remains on board (the presence and quantity of such cargo having been
established, by application of the wedge formula in respect of any tank the contents of which do
not reach the forward bulkhead, by an independent surveyor, appointed by Charterers and paid
jointly by Owners and Charterers), AS DETERMINED BY TWO SURVEYORS,ONE APPOINTED
AND PAID BY CHARTERERS AND ONE BY OWNERS. IN CASE FINDINGS OF CHRTSR AND
OWNERS SURVOYOR DIFFER, THIRD JOINT INDEPENDENT MUTUALLY APPOINTED
SURVEYORS FINDING SHALL BE FINAL AND BINDING. THIRD SURVEYOR HAS TO BE JOINTLY
APPOINTED FROM THE FOLLOWING SAYBOLT, INSPECTORATE, SGS, INTERTEK.

ALL THREE SURVEYORS TO BE APPOINTED AT THE SAME TIME IN ORDER AVOID DELAYS.
THIS IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PARTIES UNDER THE CHARTER
PARTY.Charterers shall have the right to deduct from freight an amount equal to the FOB
loading port value of such cargo, cargo insurance plus freight thereon; provided, however that
any action or lack of action hereunder shall be without prejudice to any other rights or
obligations of Charterers, under this Charter or otherwise, and provided further that if Owners
are liable to any third party in respect of failure to discharge such pumpable cargo, or part
thereof, Charterers shall indemnify Owners against such liability up to the total amount
deducted under this clause.

“ANY ROB DEDUCTION UNDER THIS CLAUSE SHALL ALWAYS CONSIDER TO TAKE INTO
ACCOUNT THE PREVIOUS VOYAGE OBQ LIQUID HYDROCARBON QUANTITY AT LOADPORT AS
DETERMINED BY THE INDEPENDENT SURVEYOR FOR OFF-SETTING AGAINST THE ROB
LIQUID ON COMPLETION OF DISCHARGE BEFORE MAKING THE APPLICABLE DEDUCTIONS
FROM FREIGHT.

A FAX COPY OF THE OBQ REPORT SIGNED BY BOTH THE APPOINTED SURVEYOR AND SHIP’S
REPRESENTATIVE WILL SUFFICE.”

15. Slops Clause

Owners shall provide Charterers with a slops certificate to be made up and signed by Master
and independent surveyor/terminal representative. The certificate shall indicate:-
Origin and composition of slops, Volume, Free water and API measured in barrels at 60 deg. F.
16. Clean Ballast Clause

Owners warrant that the vessel will arrive at load port with clean ballast.

17. Closed Loading Clause

Owners warrant that the vessel is equipped for and able to carry out closed loading operations
in full compliance with ISGOTT Guidelines (Fourth Edition - Chapters 6.2, 7.2 and 7.6) and any
amendments. And costs and delays incurred by a failure to comply with this clause shall be for
Owners’ account and time shall not count against laytime or demurrage, if on demurrage.

18. Segregation Clause

Owners guarantee to give complete segregation to the cargo specified in Part I of Shellvoy 5
during loading, transit and discharge, and to use a separate pump and line for each grade. IF
APPLICABLE

19. Hydrogen Sulphide (H2S) Clause.

Owners shall comply with the requirements in ISGOTT (as amended from time to time)
concerning Hydrogen Sulphide and ensuring that the Hydrogen Sulphide level is always below
the threshold limit value (TLV).

If on arrival at the loading terminal, the loading authorities, inspectors or other authorised and
qualified personnel declare that the Hydrogen Sulphide levels exceed the TLV and request the
vessel to reduce the said level to within the TLV then the Original Notice of Readiness (NOR)
shall not be valid. A valid NOR can only be tendered and laytime, or demurrage time, if on
demurrage, start to run in accordance with Clause 13 (as amended) of SHELLVOY 5 when the
TLV is acceptable to the relevant authorities.

All time costs and expense as a result of Owners’ failure to comply with the foregoing shall be
for Owners’ account.

If the vessel is unable to reduce the levels of Hydrogen Sulphide within a reasonable time
Charterers shall have the option of canceling this Charter without penalty and without
prejudice to any claims which Charterers may have against Owners under this Charter.

20. Vaccum Gasoil (VGO) Waxy Distillate (WD) Cleaning Clause .

Owners shall comply strictly with the following cleaning instructions, unless otherwise ordered
by Charterers, when carrying VGO to ensure that the Inorganic Chloride (salt) content does not
exceed 2 para per million.

A. Hot machine wash all tanks outlined to carry VGO/WD at a minimum water pressure at 150
PSI, and at a minimum temperature of 150 D F
B. Flush pumps and lines including decks lines, manifolds, drop lines and any other lines
connected with the cargo system with hot water for at least 30 minutes to displaces all
former product. Ensure all dead ends and low points in the lines are cleaned, strip tanks
completely dry and drain all lines and pumps, ensuring system is completely free of water.

C. Thoroughly wash all tanks, lines and pumps designated for VGO/ WD with fresh water to
eliminate all traces of salt.
 D. Drain pumps and lines

E. Dry out tanks.

On non SBT vessels, irrespective of previous cargo where clean salt water ballast has been
loaded into some hot washed tanks outlined for VGO/WD.

A. On completion of deballasting, strip tanks dry.

B. Drain pumps and lines

C. Fresh water wash all salt water contaminated tanks, lines and pumps outlined for VGO/WD.

D. Drain pumps and lines

E. Dry out tanks.

F. Load VGO/WD first into tanks that previously contained ballast ensuring these tanks at least
25 % filled with VGO/WD prior to switching to other tanks.

G. Discharge VGO/WD first from tanks that previously contained ballast.

H. Master to advise both loading and discharge installations identity of ballast tanks.

I. Master to ensure properly labeled shore lines samples and “First In” samples are taken at
load port and retained on board.

Prior loading, all heating coils must be blown through with steam to ensure there is no
entrapment of salt water through heating coil leakage.

N.B. Sea water trapped in ships’ lines will increase the salt content, hence necessity for stringent
observance of foregoing instructions. Failure to carry our foregoing can result not only in cargo
becoming off specification but can seriously inhibit the operation of the refinery.

Owners’ compliance with above cleaning instructions shall not limit their due diligence
obligations to present vessel always clean for the cargo.

All time, costs and expenses as a result of Owners’ failure to comply with foregoing shall be for
Owners’ account.

21. Part Cargo (Demurrage) Clause

If any part cargo for other Charterers, shippers or consignees (as the case may be) is loaded or
discharged at the same berth, then any time used by the vessel waiting at or for such berth and
in loading or discharging which would otherwise count as laytime or if the vessel is on
demurrage for demurrage shall be pro-rated in the proportion that Charterers’ cargo bears to
the total cargo to be loaded or discharged at such berth. If however, the running of laytime or
demurrage, if on demurrage,
 is solely attributable to other parties’ cargo operations then such times shall not count in
calculating laytime or demurrage, if on demurrage, against Charterers under this Charter.

22. Clearance

Clause If Owners

fail

A. to obtain Customs clearance; and/or

B. free pratique, IF FREE PRATIQUE IS NOT GRANTED WITHIN 6 HOURS OF THE MASTER
TENDERING NOR, THROUGH NO FAULT OF OWNERS, AGENTS OR THOSE ONBOARD THE
VESSEL, THE MASTER SHALL ISSUE A PROTEST IN WRITING (NOP)
TO THE PORT AUTHORITY AND THE FACILIT AT THE PORT (TERMINAL) FAILING WHICH
LAYTIME OR IF THE VESSEL IS ON DEMURRAGE, DEMURRAGE SHALL ONLY COMMENCE
WHEN FREE PRATIQUE IS GRANTED.

C. to have obtained onboard all papers/certificates required to perform this Charter, either
within the 6 hours after Notice of Readiness originally tendered or when time would
otherwise normally commence under this Charter, then the Original Notice of Readiness
shall not be valid. A notice of Readiness may only be tendered when Customs clearance
and/or free pratique has been granted and/or all papers/certificates required are in order
in accordance with relevant authorities requirements. Laytime or demurrage, if on
demurrage, would then commence in accordance with the terms of this Charter. All time,
costs and expenses as a result of delays due to any of the foregoing shall be for Owners’
account.HOWEVER THE TIME TO COUNT IN FULL AT LOAD PORTS AS GIVEN IN
PRECEDING PARAGRAPHS EVEN IF THE ABOVE CLEARANCES ARE GRANTED AFTER THE
VESSEL HAS DOCKED AT DESIGNATED SPM / BERTH.

23. Port Regulations Clause

Owners warrant that the vessel will fully comply with all port and terminal

regulations at A) Any named port in this Charter, and

B) Any ports to which Charterers may order the vessel to under the Charter in accordance with
Part I (D/E) of Shellvoy 5 provided that Owners have a reasonable opportunity to become
aware of the regulations at such ports.

All time, costs and expense as a result of Owners’ failure to comply with the foregoing shall be
for Owners’ account.

24. Pilots Clause

Owners shall always employ pilots for berthing and un berthing of vessels at all ports and / or
berths under this Charter unless prior exemption given by correct and authorised personnel.
Owners to confirm in writing that either pilotage is being arranged or they have obtained
exemption.
25. Excess Berth Occupancy Clause

If, after disconnection of hoses, the vessel remains at berth for vessel’s purposes, Owners shall
be responsible for all direct and indirect costs whether advised to Owners in advance or not,
and including charges by Terminal / Suppliers / Receivers.

26. Single Point Mooring (SPM) Clause.

Owners warrant that the vessel complies with OCIMF “Recommendations for equipment
employed in the moorings of ships at single point mooring” 3 rd Edition, 1993, and in particular
Fig 4 tongue type or Fig 5 hinged bar type chain stopper and any amendments.

27. Single Buoy Mooring (SBM) Line Clearance Clause

If requested by Charterers, the vessel shall pump sea water, either directly from the sea or from
vessel’s clean ballast tanks, to flush Single Buoy Moorings (SBM’s) floating hoses prior to,
during or after loading and / or discharge of the cargo; this operation to be carried out at
Charterers’ expense and with time counting against laytime, or demurrage, if on demurrage.
Subject to Owners exercising due diligence in carrying out such an operation Charterers hereby
indemnify Owners for any cargo loss or contamination directly resulting from this request. If
Master or Owners are approached by Suppliers / Receivers or Terminal Operators to undertake
such an operation Owners shall obtain Charterers’ agreement before proceeding.OWNERS
SHALL REQUIRE RELEVANT LOI FOR SUCH OPERATION AS PER OWNERS P&I CLUB WORDING

28. Speed Clause

The vessel shall perform the ballast passage with utmost despatch and the laden passage at
ABOUT 13 knots weather and safe navigation permitting.

Charterers shall have the option to instruct the vessel to increase speed with Charterers
reimbursing Owners for the additional bunkers consumed, at replacement cost.

Charterers shall also have the option to instruct the vessel to reduce speed on laden passage.
Additional voyage time shall count against laytime or demurrage, if on demurrage, and the value
of any bunkers saved shall be deducted from any demurrage claim Owners may have under this
Charter with the value being calculated at original purchase price.

Owners shall provide documentation to fully support the claims and calculations under this
clause.

29. Bunkers / Deviation Clause

On laden voyage vessel shall not take on bunkers or deviate without prior permission of
Charterers, Cargo Insurers, and Owners’ Vessel Insurers including their P&I Club.

30. Ship to Ship Transfer Clause

With reference to Clause 26(2) of Shellvoy 5, Owners warrant that the vessel, Master, Officers
and crew are and shall remain during this Charter, capable of safely carrying out all the
procedures in the current edition of the International Chamber of Shipping, Oil Companies
International Marine
 Forum, Ship to Ship Transfer Guide (Petroleum). Owners further warrant that when instructed
to perform a ship to ship transfer the Master, Officers and crew shall, at all times, comply with
such procedures. Charterers shall provide the necessary equipment and, if necessary Mooring
Master, for such a ship to ship operation.

31. Additional Load/Discharge Port(s) Clause

If the freight in Part I (G) of SHELLVOY 5 is a lumpsum amount and such lumpsum freight is
connected with a specific number of load and discharge port and Owners agree in this Charter
that Charterers may order the vessel to additional load and/or discharge ports not covered by
agreed lumpsum freight the following shall apply:-

Freight for such additional ports shall be calculated on basis of deviation. Deviation shall be
calculated on the difference in distance between the specified voyage (for which freight is
agreed) and the voyage actually performed. BP Distance Tables shall be used in both cases.
Deviation time shall be calculated using the Charter speed in the Speed Clause and Bunker
Consumption as per the attached Questionnaire. Time charged shall be at the demurrage rate in
Part I (J) of Shellvoy 5 additional bunkers consumed paid at replacement cost and actual port
costs as incurred. Such deviation costs shall be paid against Owners’ fully documented claim.

32. United Kingdom Clause

1) Routing

Owners warrant that the vessel will fully comply with IMO recommendation for routing in U.K.
waters for the carriage of Oil or other hazardous substances in bulk, weather permitting.
Owners/Master decide it is more prudent to proceed via another route to those recommended
by IMO Master shall immediately advise Charterers.

If the vessel is fixed on a Worldscale rate in Part I (G) of Shellvoy 5 then Charterers shall pay
freight on the actual voyage performed.

2) Sullom Voe Clause

A. It is a condition of this Charter that Owner ensure that the vessel fully complies with the
latest Sullom Voe regulations, including but not limited to :-

a. current minimum bulk loading rates; and

b. pilot boarding ladder arrangement.

Owners shall also comply with Charterers’ instructions regarding the disposal of ballast from
the vessel. Charterers shall accept any deadfreight claim that may arise by complying with such
instructions, and

A. It is also a condition of this Charter that Owner ensure that the vessel fully complies with the
latest Tranmere and Shellhaven regulations, including but not limited to:-
 a. being able to ballast concurrently with discharge; or
b. maintaining double valve segregation at all time between cargo and ballast if the
vessel has to part discharge, stop to ballast, then resume discharge.

3) Tranmers Service Clause

In the event of loading or discharge at Tranmere, Shell UK Ltd shall appoint tugs, pilots and
boatmen on behalf of Owners. The co-ordinator of these service shall be Brinings (Shipping)
Ltd., who will submit all bills to Owners direct, irrespective of whether Brinings are appointed
agents or not Owners warrant they will put Brinings in funds accordingly.

33. Rotterdam Port Dues Clause

If Charterers instruct the vessel under Part1 (D/E) of SHELLVOY 5 to load or discharge at
Rotterdam Owners shall instruct the Agents to comply with the following as part of an Oil
Industry initiative to reduce the port charges at Rotterdam for vessels loading and/or
discharging oil:-

a. Present a letter of protect to the Municipality of Rotterdam concerning the level of Harbour
Dues imposed on the vessel performing this Charter;

b. Advise both Owners and Charterers that such a protest has been made with a copy of the
protest letter.

Charterers may initiate legal proceeding solely or in connection with other Oil Companies
and/or Charterers/shipowners who use the Port of Rotterdam. Such proceedings must be
brought in the name of shipowners utilising the Port. It is anticipated that any proceeds from
such action including without limitation rebates or reductions of port charges would ordinarily
be paid to shipowners in whose name the proceedings and protest notifications were made.
Owners hereby authorize Charterers to bring such proceedings on behalf of Owners at
Charterers’ expense. As Charterers shall incur all legal costs, Owners agree that 75 % of any
money recovered in such actions shall be due to Charterers and shall instruct their agents to
pay such amounts directly to Charterers’.

34. Canada Clause

Owners warrant that the vessel complies with all the Canadian Oil Spill response regulations
currently in force and that the Owner is a member of a certified Oil Spill Response organization
and that the Owners/Vessel shall continue to be members of such organization and comply with
the regulations and requirements of such organization throughout the period of this Charter.

All time costs and expenses as a result of Owners’ failure to comply with foregoing shall be for
Owners’ account.

35. United States of America (U.S) Clause

1) Customs Regulations

It is condition of this Charter Party that in accordance with U.S Customs Regulations,19 CPR
4.7a and 178.2 as amended, Owners have obtained a Standard Carrier Alpha Code (SCAC) and
shall include same in Unique Identifier which they shall enter, in the form set out in the above
Customs
 Regulations, on all the Bills of Lading, Cargo manifest, cargo declarations and other cargo
documents issued under this Charter Party allowing carriage of goods to ports in the USA.

Owners shall be liable for all time, costs and expenses and shall indemnify Charterers against all
consequences whatsoever arising directly or indirectly from Owners’ failure to comply with the
above provisions of this Clause.

2) Coastguard Compliance

Owners warrant that during the term of this Charter the vessel will comply with all applicable
U.S. Coast Guard (USCG) Regulations in effect as of the date vessel is tendered for first loading
hereunder. If waivers are held to any USCG regulation Owners to advise Charterers of such
waivers, including period of Validation and reason(s) for waiver. All times costs and expenses as
a result of Owners’ failure to comply with the foregoing shall be for Owners’ account.

3) Laws and Regulation

Owners warrant that they will

A. comply with the U.S Federal water Pollution Control Act as amended, and any amendments
or successors to said Act.

B. comply with all U.S State Laws and regulations applicable during the Charter , as they apply
to the US State that Charterers may order vessel to under Part I (D/E) of Shellvoy 5.

C. have secured, carry aboard the vessel, and keep current any certificates or other evidence of
financial responsibility required under applicable U.S Federal or State Laws and regulations
and documentation recording compliance with the requirements of OPA 90, any
amendments or succeeding legislation, and any regulations promulgated thereunder.
Owners shall confirm that these documents will be valid throughout this Charter.

All times, costs and expenses as a result of Owners’ failure to comply with the foregoing shall be
for Owners’ account.

36. Sidi Kerir Clause

Any costs incurred by Charterers for garbage or in vessel deballasting at Sidi Kerir shall be for
Owners’ account and Charterers shall deduct such costs from freight.

37. Nigerian Clause

Owners warrant

that:

a) The vessel has no connection with Namibia or Israel by way of registration, direct or indirect
ownership, charter management.

b) At least eight weeks have elapsed since last offshore contact with Namibia or Israel
c) At least twelve months have lapsed since the last entry into a Namibian or Israeli port:
 d)Officers, crew, passengers or supernumeraries are not nationals or residents of Namibia or
Israel and have not visited any of those countries as evidence by an entry in that person’s
passport or other identity documents

38. India Clause

A. In assessing the pumping efficiency under this Charter at ports in India, Owners agree to
accept the record of pressure maintained at vessel’s manifold as stated in Receiver’s
Statement of Facts signed by the ship’s representative.IF DISPUTED MASTER TO ISSUE A
LOP AND THIS TO BE SUFFICIENT FOR LAYTIME / DEMURRAGE CALCULATIONS

B. Owners shall be aware of and comply with the mooring requirements of Indian ports. All
time, costs and expenses as a result of Owners’ failure to comply with foregoing shall be for
Owner’s account.

C. Charterers shall not be liable for demurrage unless the following conditions are satisfied

i) the requirements of revised Clause 15 (3) of SHELLVOY 5 are met in full ; and
ii) a copy of this Charter signed by Owners is received by Charterers at least 2 (two)
working days prior to the vessel’s arrival in an Indian port.

However, Charterers undertake to pay agreed demurrage liabilities promptly if the above
conditions have been satisfied.

39. Singapore Clause

(1) Pulan Bukom Berth Freeboard Clause

Owners warrant that vessel will not exceed a maximum freeboard of 13.6 (thirteen point six)
metres during loading/discharge at Pulan Bukom berth’s in Singapore. Owners further warrant
vessel to be able to deballast/ballast concurrently with load/discharge whilst maintaining 2
valve segregation between cargo and ballast.

All time, costs and expenses as a result of Owners failure to comply with the foregoing shall be
for Owners’ account.

(2) Agency

If Charterers nominates Shell International eastern Trading Company (SIETCO) as Agents, as

per Clause 24 of SHELLVOY 5, SIETCO shall not act as or be responsible to act as nor be referred
to by Owners or Master as Agents of Owners or Master in any matter whatsoever involving the
discharge of any oil, oily moisture, noxious liquid or harmful substances or any form of
pollution within the Singapore Prevention of Pollution of the Sea Act.

(3)Insert in line 103 SHELLVOY 5 Clause 5 after ‘deductions’ following words “except as may
be required in the Singapore Income Tax Act”.

40.Thailand Clause
 If Part 1 (E) of SHELLVOY 5 include option to discharge at a port/berth in Thailand then the
following, which is consistent with industry practice for ships discharging in Thailand, shall
apply over and above any other terms contained within this Charter:-

A. Laytime shall be 96 running hours

B. Freight payment Clause 5 of Part II of Shellvoy 5 delete word ‘upon’ in line 104
and insert 15 days of.

C. Cargo quantity and quality measurements shall be carried out at load and discharge
ports by mutually appointed independent surveyors, with costs to be shared
equally between Owners and Charterers. This is additional to nay independent
surveyors used for the Cargo Retention Clause 14 of these additional clause.

41. Australia Mooring Clause

1) Great Barrier Reef Clause

The vessel shall not transit the Great Barrier Reef Inner Passage, whether in ballast en route to a
loadport or laden, between the Torres Strait and Cairns, Australia. If the vessel transits the
Torres Strait, the vessel shall use the outer reef passage as approved by the Australian
Hydrographer. Owners shall always employ a pilot, when transiting the Torres Strait and for
entry and departure through the Reef for ports North of Brisbane.

2) Ballast Exchange

The vessel shall discharge all ballast water on board the vessel and take on fresh ballast water,
always in accordance with safe operational procedures, prior to entering Australian waters.

3) Sydney

A. On entering, whilst within and whilst departing from the port of Sydney Owners and Master
shall ensure that the water line to highest fixed point distance does not exceed 51.8 (fifty
one point eight) meters.

B. If Charterers or Terminal Operators instruct the vessel to slow the cargo operations down or
stop entirely the cargo operations in Sydney during the hours of darkness due to excessive
noise caused by the vessel then all additional time shall be for Owners’ account.

42. Japan Clause

1. Drawing

Owners shall supply Charterers with copies of:-

A. General Arrangement/Capacity plan; and

B. Piping /Fire Fighting Diagrams

As soon as possible, but always with 4 working days after subjects lifted on this Charter.
 2. Supervisor

If requested by Charterers, Owners shall ensure a Superintendent, fully authorized by Owners

to act on Owner’ and/or Master’s behalf, is available at all ports within Japan to attend safety
meetings prior to vessel’s arrive at the port(s) and be in attendance throughout the time in each
port and during each cargo operation.

3. Okinawa

If the under Part 1 (E) of SHELLVOY 5 Japan is a discharge option then Charterers have the
option to order the vessel to call at Okinawa to tender notice of readiness for crude oil stock
piling purposes. This port shall not be considered as a discharge port unless cargo operations,
under Charterers instructions take place there.

If no cargo operations take place in Okinawa but vessel is ordered to call there, under above
terms, then any deviation time and bunkers shall be calculated in accordance with Clause 26 (1)
of SHELLVOY 5. Agency fees and all port costs shall be for Charterers’ account.

4. Safety Pledge Letter

If under Part 1 (E) of SHELLVOY 5 Japan, or in particular ports or berths in Tokyo Bay and/or
the SBM at UBE Refinery, are discharge options and if the vessel is over 220,000 metric tons
deadweight and has not previously discharged in Tokyo Bay or the SBM at UBE Refinery then:

1. Owners shall submit an application of Safety Pledge Letter confirming that all safety
measures will be complied with; and

2. Present relevant ship data to the Japanese Maritime Safety Agency.

Owners shall comply with the above requirements as soon as possible but always within 4
working days after subjects lifted on this Charter.
5. Drifting

If Charterers instruct the vessel to make adjustment to vessel’s arrival date/time at discharge
port(s) in Japan, any adjustments shall be compensated in accordance with Clause 28 of these
additional clauses.

If vessel is ordered to drift off Japan, at a location in Owners’/Masters’ option, then the
following shall apply:-

A. Time from vessel’s arrival at drifting location to the time vessel departs, on receipt of
Charterers’ instructions from such locations shall be for Charterers’ account at the
demurrage rate
B. Bunkers consumed whilst drifting as defined in (A) above shall be for Charterers´
account at replacement cost.
 Owners shall provide full documentation to support any claim under this clause.

43. Address Commission Clause

Charterers shall deduct address commission of 1.25 % from payments of Freight, Deadfreight
and Demurrage.
 Essar Rider Clauses (1st Dec 2006)

1. INTERNATIONAL REGULATIONS CLAUSE

Vessel to comply with all national and international regulations in force at the beginning of this Charter
Party for all ports in trading areas described in Line 42 & 45 of the preamble. Any modifications
and/or expenses to comply with regulations or change of existing regulations coming into force after
the beginning of this Charter Party to be for Owners’ account. However, if new regulations involve
structural changes necessary to continue with Charterers’ normal trade, Charterers and Owners shall
consult how to solve such new circumstances, including distribution of cash, and if no agreement is
reached, both parties shall have the option to cancel the Charter Party.

2. ARBITRATION CLAUSE
General Average and arbitration in London, English law to apply.Any and all differences and disputes of
whatsoever nature arising out of this charter shall be put to arbitration in the City of London pursuant
to the law relating to arbitration there in force, before a board of three persons, consisting of one
Arbitrator to be appointed by the Owners, one by the Charterers, and one by the two so chosen. The
decision of any two of three on any point or points shall be final. Either party hereto may call for such
arbitration by service upon any officer of the other wherever he may be found, of a written notice
specifying the name and address of the Arbitrator chosen by the first moving party and a brief
description of the disputes or differences which such party desires to put to arbitration. If the other
party shall not, by notice served upon an officer of the first moving party within 20 days of the service
of such first notice, appoint its Arbitrator to arbitrate the dispute of differences specified, then the first
moving party shall have the right without further notice to appoint a second Arbitrator, who shall be
disinterested person, with precisely the same force and effect as if said second Arbitrator has been
appointed by the other party. In the event that the two Arbitrators fail to appoint a third Arbitrator
within 20 days of appointment of the second Arbitrator either Arbitrator may apply to a Judge of any
Court of Maritime Jurisdiction in the City of above mentioned for the appointment of a third Arbitrator,
and the appointment such Arbitrator by such judge on such application shall have precisely the force
and effect as if such arbitrator have been appointed by the two Arbitrators until such time as the
arbitrator finally close the hearings of differences under this Charter for hearing and determination
awards made in pursuant to this clause may include cost, including a reasonable allowance for
Attorney’s fees, and judgement may be entered upon any award made hereunder in any court having
jurisdiction in the premises.

3.TRADING WARRANTIES AND ARAB LEAUGUE BYCOTT Owners

guarantee that the vessel is not black listed by the Arab League.

Owners warrant that the vessel is in all respects eligible for trading within limits as per this charter
party and her class approvals for carriage of Charterers intended cargoes is valid during the currency
of this Charter.

Owners warrant that vessel's statutory certificates as given below are valid and available on board.
These certificates are to be made available to Charterers as and when required. Owners also to provide
General Arrangement Drawings and Capacity Plan.

(A) CERTIFICATE OF REGISTRY

(B) LOADLINE CERTIFICATE
(C) SAFETY CONSTRUCTION CERTIFICATE
(D) SAFETY EQUIPMENT CERTIFICATE
(E) SAFETY RADIO CERTIFICATE
(F) I.O.P.P.
(G) P & I CLUB CERTIFICATE OF ENTRY
(H)INTERNATIONAL SAFETY MANAGEMENT(ISM)
 I/. DOCUMENT OF COMPLIANCE
II/. SAFETY MANAGEMENT CERTIFICATE
(I) CIVIL LIABILITY CERTIFICATE AS ISSUED BY FLAG ADMINISTRATION
(J)I.T.O.P.F.
(K)CERTIFICATE OF CLASS

4. SALE
Owners confirm that the vessel has not been sold and will not be sold during the currency of this
Charter.

5. FREIGHT REMITTANCE
Freight, Dead-freight and Demurrage payable in U.S.D. via T.T.

6. BROKERAGE
A brokerage commission of 1.25 percent is payable by ] to brokers [ ] o tota
Owners, [ n l
freight, dead-freight and demurrage.

7. PRIVACY
It is understood by Owner and Charterers that these negotiations and the eventual fixture, if any, shall
be kept strictly private and confidential and this Charter Party or it’s copies shall not be given /
faxed /copied to any party not directly involved with these negotiations i.e. no other Owner / Charterer
or their agents / brokers / representative.

8. SMALL CLAIMS
English law - small claims procedure for disputes where the total amount claimed by either party does
not exceed the amount of U.S. Dollars 20,000 (United States Dollars twenty thousand) the arbitration
shall be conducted in accordance with the small claims procedure of the London Maritime Arbitrators
Association currently in force.

WORLDSCALE HOURS, TERMS AND CONDITIONS

9.
World scale hours, terms and conditions 2010 to apply.

10.VESSEL'S DESCRIPTION
Owners warrant that vessel shall meet all the description as set out in the general description of vessel
provided to Charterers by Owners.

Vessel is described as under as per recap :

The Q 88 and other questionnaire as provided by the Owners (as attached) during the negotiations
shall be deemed as a part of this Charter Party.

11. I.S.M. CLAUSE

From the date of coming into force of the International Safety Management (ISM) Code in relation to
the Vessel, and thereafter during the currency of this Charter Party, the Owner will ensure that the
“Company” (as defined in the ISM Code) holds a valid Document of Compliance (D.O.C.) and that the
vessel holds a valid Safety management Certificate (S.M.C.).

12. ACCIDENTS / BREAKDOWNS

Owners confirm vessel has not had any breakdowns / accidents in the past one year of trading.
13. CONOCO weather clause
Delays in berthing for loading or discharging and any delays after berthing which are due to weather
conditions shall count as one half laytime or, if on demurrage, at one half demurrage rate except during
S.T.S. where full time to count as per clause 13 of shellvoy 5 Part II.All time lost during STS operations
due to weather conditions to count in full as laytime and / or demmurage.

14. SIGNED CHARTER PARTY

Charterers require signed charter party and freight invoice on Owners letterhead, both in original for
processing freight remittance.

The vessel's ‘certificate of incorporation’ will be provided by owner purposes of processing taxation
documents by Charterers.

15. FREE OF CLAIMS

Owners confirm vessel is free of encumbrances / accident / pollution claims.

16. All voyage instructions and changes to same to be sent by telex/Fax/E mail only.

17. If acceptable by Suppliers, otherwise Master to issue Letter of Protest - to be inserted in all original
Bill(s) of Lading issued and presented to Master : 'All terms, conditions, liberties and exceptions of the
Charter Party including the Arbitration Clause are herewith incorporated, as per Charter Party dated
03/03/2010.

18. CLINGAGE – NOT APPLICABLE FOR THIS CHARTER

Owners and charterer recognise that the vessel has been positioned for loading after Drydock /
Shipyard or has water washed all her cargo tanks, clingage of a greater degree than normal can be
anticipated. Therefore value of crude as well as freight for any shore outturn quantity shall be
deducted from freight to the extent such quantity exceeds 0. 2 % of Bill of lading quantity as
determined by the difference between Gross B/L and Gross outturn figure. Crude value for this
purpose to be the FOB loading port value plus freight and insurance. This clause does not alter the
provisions of the cargo retention clause. Any deductions made under the cargo retention clause shall
be taken into account in calculations made under this clause and shall not be charged for twice.
The definition of such quantity exceeding the 0,2% shall be determined by an independent surveyor
jointly agreed to by both owners and charters. Such surveyor shall have full access to the shore
facilities. The findings of the independent surveyor will be final & binding on both the parties.

19.BIMCO ISPS CLAUSE FOR VOYAGE CHARTERS

(A) (i) From the date of coming into force of the International Code for the Security of Ships and of Port
Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel, the
Owners shall procure that both the Vessel and "the Company" (as defined by the ISPS Code) shall
comply with the requirements of the ISPS Code relating to the Vessel and “the Company”. Upon request
the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim
International Ship Security Certificate) to the Charterers. The Owners shall provide the Charterers with
the full style contact details of the Company Security Officer (CSO).

(ii)Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding
consequential loss, caused by failure on the part of the Owners or “the Company” to comply with the
requirements of the ISPS Code or this Clause shall be for the Owners’ account.

(B) (i) The Charterers shall provide the CSO and the Ship Security Officer (SSO)/Master with their full
style contact details and any other information the Owners require to comply with the ISPS Code.
(ii)Except as otherwise provided in this Charter Party, loss, damage, expense, excluding consequential
loss, caused by failure on the part of the Charterers to comply with this Clause shall be for the
Charterers’ account and any delay caused by such failure shall be compensated at the demurrage rate.

(C) Provided that the delay is not caused by the Owners’ failure to comply with their obligations under
the ISPS Code, the following shall apply:

(i) Notwithstanding anything to the contrary provided in this Charter Party, the Vessel shall be entitled
to tender Notice of Readiness even if not cleared due to applicable security regulations or measures
imposed by a port facility or any relevant authority under the ISPS Code.

Any delay resulting from measures imposed by a port facility or by any relevant authority under the
(ii)
ISPS Code shall count as laytime or time on demurrage if the Vessel is on laytime or demurrage. If the
delay occurs before laytime has started or after laytime or time on demurrage has ceased to count, it
shall be compensated by the Charterers at the demurrage rate.

(D) Notwithstanding anything to the contrary provided in this Charter Party, any additional costs or
expenses whatsoever solely arising out of or related to security regulations or measures required by
the port facility or any relevant authority in accordance with the ISPS Code including, but not limited
to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for
the Charterers’ account, unless such costs or expenses result solely from the Owners’ negligence. All
measures required by the Owners to comply with the Ship Security Plan shall be for the Owners’
account.

(E) If either party makes any payment which is for the other party’s account according to this Clause,
the other party shall indemnify the paying party.

20. STS TRANSFER CLAUSE

Charterers to provide and pay for all STS equipment, including but not limited to fenders, hoses and
mooring master. All such STS transfer to be performed in accordance with the latest OCIMF STS
transfer guide (petroleum), and charteres to insure that lightering vessel also complies to same OCIMF
guidelines.

21. Owners confirm that all officers on board hold ocean going vessel certificate of competency. Also
confirm that for the forthcoming voyage, vessel neither comes ex dry-dock nor tank washing held prior
loading.

22 .BILL OF LADING FIGURES

In case only net b(s)/l figures printed on the b(s)/l freight to be paid basis calculated gross b(s)/l
figures, as calculated by charterers surveyor.