Common use of Both to Blame Clause in Contracts

Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier against all loss or liability to the other or noncarrying ship or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge of any ships or objects other than, or in addition to, the colliding ships or object are at fault in respect of a collision or contact.

Appears in 7 contracts

Samples: Teekay Shipping Corp, Teekay Shipping Corp, Teekay Shipping Corp

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Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, pilot or the servants of the Carrier Owner in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier Owner against all loss or liability to the other or noncarrying non-carrying ship or her owners insofar in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship Vessel or CarrierOwner. The foregoing provisions shall also apply where the owners, operators, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or object are at fault in respect of a collision collisions or contact.

Appears in 1 contract

Samples: Long Term Lightering Contract (Maritrans Inc /De/)

Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, pilot or the servants of the Carrier Owner in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier Owner against all loss or liability to the other or noncarrying non-carrying ship or her owners insofar in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or CarrierOwner. The foregoing provisions shall also apply where the owners, operators, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or object are at fault in respect of a collision or contact.

Appears in 1 contract

Samples: www.swansea.ac.uk

Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the Shipper and/or owners of the cargo Cargo carried hereunder shall indemnify the Carrier against all loss or liability to the other or noncarrying non-carrying ship or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargoCargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or CarrierCargo. The foregoing provisions shall also apply where the owners, operators, operators or those in charge of any ships or objects other than, or in addition to, the colliding colliding. ships or object objects are at fault in respect of a collision or contactcontract.

Appears in 1 contract

Samples: Contract of Affreightment (United Maritime Group, LLC)

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Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, pilot or the servants of the Carrier Owner in the navigation or in the management of the Vessel, the owners Owners of the cargo carried hereunder shall indemnify the Carrier Owner against all loss or liability to the other or noncarrying non-carrying ship or her owners insofar in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or CarrierOwner. The foregoing provisions shall also apply where the owners, operators, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or object are at fault in respect of a collision or contact.

Appears in 1 contract

Samples: www.volgaflot.com

Both to Blame. If the liability for any collision in which the Vessel is involved while performing this Charter fails to be determined in accordance with the laws of the United States of America, the following provision shall apply: “If the ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Mastermaster, mariner, pilot, pilot or the servants of the Carrier carrier in the navigation or in the management of the Vesselship, the owners of the cargo carried hereunder shall will indemnify the Carrier carrier against all loss loss, or liability to the other or noncarrying non-carrying ship or her owners insofar in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by the other or non-non carrying ship or her owners to the Owner owners of the said cargo and set-set off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or Carriercarrier. The foregoing provisions shall also apply where the owners, operators, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or object objects are at fault in respect of a collision or contact.

Appears in 1 contract

Samples: giignl.org

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