Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement. 3.1.2. The Managers shall be responsible for: (i) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6; (ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel; (iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; (iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel; (v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners; (vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels; (viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions; (ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required; (x) conducting union negotiations (if applicable); (xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto); (xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( the “Crew Insurances”); (xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and (xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary). 3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners. 3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers. 3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require. 3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment. 3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter: (i) in the Vessel going off hire under its Charter; or (ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.
Appears in 2 contracts
Samples: Ship Management Agreement, Ship Management Agreement (GasLog Partners LP)
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible for:
(i) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;
(iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;
(v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;
(vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( (the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.
Appears in 2 contracts
Samples: Ship Management Agreement (GasLog Partners LP), Ship Management Agreement (GasLog Partners LP)
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements Vessel, provision of which includes but is not limited to the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible forfollowing functions:
(i) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, selecting and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel Vessel’s Crew, including payroll arrangements, pension administrationcontributions (if any) deducted from wages, and insurances for the Crew other than those mentioned in Clause 6, and severance pay, if any on termination of the employment contract;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx mxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (regulations, including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; the Managers shall not be liable for any losses and/or damages which may be caused and/or suffered as a result of any fraudulent representations made to them by any party whatsoever as t the certification or qualification of any member of the Crew, of any rank;
(iviii) ensuring that all members of the Crew have passed a medical examination with by a qualified doctor doctor, certifying that they are fit for the duties for which they are engaged signing on and are in possession of valid medical certificates issued in accordance with appropriate flag state State requirements. In the absence of applicable Flag flag State requirements requirements, the medical certificate shall be dated not more than three months prior to the respective Crew member members leaving their country of domicile and maintained for the duration of his their service on board the Vessel; the Managers shall not be liable for any losses and/or damages which may be caused and/or suffered as a result of any fraudulent representations made to them by any party whatsoever as to the medical certification of any member of the Crew, of any rank, or for any sickness of any of the latter provided that the Managers have fulfilled the first part of this subclause 3.1 (iii);
(viv) ensuring that the Crew shall have a command knowledge of the English language of a sufficient standard to enable them to perform their duties safely;.
(viv) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vi) Supervising the efficiency of the Crew;
(vii) providing continuing training of Implementing the Crew and supervising their efficiency and competence, consistent with OwnersManagers’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary)otherwise agreed.
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.
Appears in 1 contract
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible for:
(i) selectingSelecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;
(iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State flag state requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;
(v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;
(vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( (the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew crew and Officersofficers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix training matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers senior officers candidates.
Appears in 1 contract
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible for:
(i) selectingSelecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “BAnnex“B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;
(iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State flag state requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;
(v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;
(vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( (the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew crew and Officersofficers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix training matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers senior officers candidates.
Appears in 1 contract
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible for:
(i) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;
(iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;
(v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;
(vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.
Appears in 1 contract
Crew Management. 3.1.1. 3.1.1 [The Managers shall provide suitably and adequately qualified and licensed Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, Owners and the provisions of the STCW 95 and the requirements of this Agreement95.]
3.1.2. 3.1.2 The Managers shall be responsible for:
(ia) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, [selecting and engaging the Crew (subject to the provisions of Clause Clasue 3.1.6 below) for the Vessel including payroll arrangements, pension administrationadministrations, and insurances for the Crew other than those mentioned in Clause 6;]
(iib) [ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel;]
(iiic) [ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx mxxxxxx levels, rankranks, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;]
(ivd) [ensuring that all the members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State flag state requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;]
(ve) [ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;]
(vif) [arranging transportation of the Crew, ; including repatriation, at Owners’ cost, unless otherwise arranged by Owners;]
(viig) providing continuing [training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;]
(viiih) [whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or of the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-fuel efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;; ]
(ixi) [issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;]
(xj) [ensuring at all times compliance with the ITF requirements of minimum wage for the Crew and conducting union negotiations (if applicable);]
(xik) [operating a drug and alcohol policy, prepared by the Managers Management and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, ; such policy to include as a minimum, minimum the principles set forth in the “Guidelines OCIMF guidelines for the Control control of Drugs drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person alcohol on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection Vessel; and indemnity association ( the “Crew Insurances”);]
(xiiil) ensuring that [attendance to all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; andmatters pertaining to welfare and amenities.]
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. 3.1.3 [The Managers shall appoint a superintendent (ship manager) to be responsible for advise on the day to day operation, maintenance and repair of the Vessel, the cost of which shall be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers Management shall replace such superintendent at no extra cost to the Owners.]
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers.
3.1.5. 3.1.4 [Should the Owners have any reason reasons to be dissatisfied with any of the Crew, they shall raise have their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers Manager shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.. ]
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for 3.1.5 [For the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands demands, or liabilities whatsoever and howsoever arising from the ManagersMangers’ breach of this Clause 3.1.6 3.1.5 or in relation to any disputes relating to Crew contracts of employment.. ]
3.1.7. Except as allowed in clause 3.1.2(i3.1.6 [Notwithstanding Clause 3.1.2(a), the Managers Mangers may not appoint any Senior Officers Officer without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew Senior Officers would be likely to result under the terms of the Charter:result;]
(ia) [in the Vessel going off hire under its Charter; or]
(iib) [an Emergency Situation; ;] [and in such circumstances it is not practical for the Managers to wait for Owners’ Owners approval, the Managers Mangers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right rights to interview and approve all candidates for Senior Officers candidates.Officer positions. ]
Appears in 1 contract
Samples: Commercial Ship Management Agreement (Pyxis Tankers Inc.)
Crew Management. 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 and the requirements of this Agreement.
3.1.2. The Managers shall be responsible for:
(i) selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the Crew other than those mentioned in Clause 6;
(ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “BAnnex“B”) relative to the particular operational status and size of the Vessel;
(iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of xxxxxxx levels, rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements;
(iv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag state requirements. In the absence of applicable Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew member leaving their country of domicile and maintained for the duration of his service on board the Vessel;
(v) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely;
(vi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners;
(vii) providing continuing training of the Crew and supervising their efficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels;
(viii) whenever the Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and safe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions;
(ix) issuing instructions to the Master to keep full and correct log books and furnishing the Owners with true and accurate copies of such log books when required;
(x) conducting union negotiations (if applicable);
(xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto);
(xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( (the “Crew Insurances”);
(xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and
(xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary).
3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners.
3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers.
3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall investigate the complaint promptly and, should the complaint be well founded, the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require.
3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment.
3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event that a shortage of crew would be likely to result under the terms of the Charter:
(i) in the Vessel going off hire under its Charter; or
(ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s xxxxxxx shall always remain in compliance with the regulations of the Flag State’s minimum xxxxxxx requirements. Officers CV and accomplished Training Matrix should be provided to the Owners for reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.
Appears in 1 contract