Common use of DEADSHIP AND OTHER SERVICES Clause in Contracts

DEADSHIP AND OTHER SERVICES. Rates for Deadship moves and for all other Tug Services not covered by the above rates will be charged at double the applicable rate set forth in the Schedule. This rate is not discountable. For all Tug Services rendered to Deadships, XXXXX and OWNERS agree as follows: a. In consideration of the uncertain towage characteristics of a Deadship and of XXXXX’x agreement to furnish Tug Services to said Deadship hereunder, OWNERS agree (i) to maintain hull and machinery insurance in an amount at least equal to the full value of the Deadship, (ii) to maintain full form protection and indemnity insurance in an amount not less than one hundred million dollars ($100,000,000.00) and (iii) to name Tug Interests as named assureds or joint members (as applicable) with waiver of subrogation in favor of said Tug Interests in all said policies. OWNERS shall be solely responsible for any deductibles maintained with respect to said insurances. OWNERS shall provide to XXXXX proper evidence of such insurance prior to commencement of a Deadship move, but the failure to do so shall not operate as a waiver by the Tug Interests of OWNERs’ obligation to procure and maintain insurance as described herein, and OWNERS agree that they shall be treated as being self-insured for any shortfall in coverage. For an absence of doubt, it is the express intent of the parties in this subparagraph 12(a) to extend to Tug Interests, as primary cover for any liability arising out of performance of Tug Services hereunder to a Deadship for which Tug Interests may be liable, the enumerated insurances maintained (or to be maintained) by OWNERS with respect to the Vessel assisted. b. The Limitation of Liability terms set forth in Section 17 shall apply to all Tug Services rendered to Deadships. c. OWNERS shall make all necessary arrangements to employ a master and, if required or deemed advisable, a duly licensed pilot to serve aboard the Deadship, and to direct the navigation of the flotilla. In the event that OWNERS utilize a pilot, the pilot shall be deemed the borrowed servant of the Deadship assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Deadship assisted, her owner and operator, and being subject to the exclusive supervision and control of the Deadship’s master or OWNERS’ other command personnel aboard. XXXXX’x Tugs will use reasonable care to act at all times in accordance with the direction of OWNERS’ pilot, master or other command personnel, as applicable, which personnel shall be solely responsible for navigation of the Deadship flotilla.

DEADSHIP AND OTHER SERVICES. Rates for Deadship moves and for all other Tug Services services not covered by the above rates rates, will be charged at double the applicable rate set forth in the Schedule. This rate is not discountablefurnished upon request. For all Tug Services services rendered to Deadships, XXXXX and OWNERS agree as follows: a. In consideration of the uncertain towage characteristics of a Deadship and of XXXXX’x agreement to furnish Tug Services services to said Deadship hereunder, OWNERS agree (i) to maintain hull and machinery insurance in an amount at least equal to the full value of the Deadship, (ii) to maintain full form protection and indemnity insurance in an amount not less than one hundred million dollars ($100,000,000.00) and (iii) to name Tug Interests (as hereinafter defined) as named assureds or joint members (as applicable) with waiver of subrogation in favor of said Tug Interests assureds in all said policies. OWNERS shall be solely responsible to Tug Interests for any deductibles maintained with respect to said insurances. OWNERS shall further agree to provide to XXXXX proper evidence of such insurance prior to commencement of a Deadship move, but the failure to do so shall not operate as a waiver by the Tug Interests of OWNERs’ obligation to procure and maintain insurance as described herein, and OWNERS agree that they shall be treated as being self-insured for any shortfall in coverage. For an absence of doubt, it is the express intent of the parties in this subparagraph 12(a1 (b) to extend to Tug Interests, as primary cover for any liability arising out of performance of Tug Services services hereunder to a Deadship for which Tug Interests may be liable, the enumerated insurances maintained (or to be maintained) by OWNERS with respect to on the Vessel assisted. b. The Limitation of Liability terms set forth in Section 17 Paragraph 6 shall apply to all Tug Services services rendered to Deadships. c. . OWNERS shall make all necessary arrangements to employ for a master and, if required or deemed advisable, a duly licensed pilot to serve aboard the Deadship, and to direct the navigation of the flotilla. In the event that OWNERS utilize a pilot, the pilot shall be deemed the borrowed servant of the Deadship assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Deadship assisted, her owner and operator, and being subject to the exclusive supervision and control of the Deadship’s master or OWNERS’ other command personnel aboard. XXXXX’x Tugs will use reasonable care to act at all times in accordance with the direction of OWNERS’ pilot, master or other command personnelthe pilot and master, as applicable, which personnel shall be solely responsible for navigation of the Deadship flotilla.

DEADSHIP AND OTHER SERVICES. Rates for Deadship moves and for all other Tug Services services not covered by the above rates rates, will be charged at double the applicable rate set forth in the Schedule. This rate is not discountablefurnished upon request. For all Tug Services services rendered to Deadships, XXXXX and OWNERS agree as followsto the following additional terms: a. In consideration of the uncertain towage characteristics of a Deadship and of XXXXX’x agreement to furnish Tug Services services to said Deadship hereunder, OWNERS agree (i) to maintain hull and machinery insurance in an amount at least equal to the full value of the Deadship, (ii) to maintain full form protection and indemnity insurance in an amount not less than one hundred million dollars ($100,000,000.00) and (iii) to name Tug Interests as named assureds or joint members (as applicable) with waiver of subrogation in favor of said Tug Interests assureds in all said policies, which policies shall be primary to any insurance maintained by and on behalf of Tug Interests. OWNERS shall be solely responsible to Tug Interests for any deductibles maintained with respect to said insurances. OWNERS shall further agree to provide to XXXXX proper evidence of such insurance prior to commencement of a Deadship move, but the failure to do so shall not operate as a waiver by the Tug Interests of OWNERsOWNERS’ obligation to procure and maintain insurance as described herein, and OWNERS agree that they shall be treated as being self-insured for any shortfall in coverage. For an absence of doubt, it is the express intent of the parties in this subparagraph 12(a) paragraph to extend to Tug Interests, as primary cover for any liability arising out of performance of Tug Services services hereunder to a Deadship for which Tug Interests may be liable, the enumerated insurances maintained (or to be maintained) by OWNERS with respect to on the Vessel assisted. b. The Limitation of Liability terms set forth in Section 17 shall apply to all Tug Services rendered to Deadships. c. OWNERS shall make all necessary arrangements to employ for a master and, if required or deemed advisableadvisable by OWNERS, a duly licensed pilot to serve aboard the Deadship, Deadship and to direct the activities of the Tugs and the navigation of the flotilla. In the event that OWNERS utilize a pilot, the pilot shall be deemed the borrowed servant of the Deadship assisted and her owner or operator OWNERS for all purposes and in every respect, his the pilot’s services while so engaged being the work of the Deadship assisted, her owner assisted and operator, OWNERS and being subject to the exclusive supervision and control of the Deadship’s master or OWNERS’ other command personnel aboard. XXXXX’x Tugs will use reasonable care . x. XXXXX reserves the right to act at all times perform deadship moves under different terms and conditions to be agreed in accordance with writing, dependent upon the direction of OWNERS’ pilot, master or other command personnel, as applicable, which personnel shall be solely responsible for navigation particulars of the Deadship flotillaproposed move.

DEADSHIP AND OTHER SERVICES. Rates for Deadship moves and for all other Tug Services services not covered by the above rates Rates will be charged at double the applicable rate set forth in the ScheduleRate. This rate is not discountable. For all Tug Services services rendered to Deadships, XXXXX and OWNERS agree as follows: a. In consideration of the uncertain towage characteristics of a Deadship and of XXXXX’x agreement to furnish Tug Services services to said Deadship hereunder, OWNERS agree (i) to maintain hull and machinery insurance in an amount at least equal to the full value of the Deadship, (ii) to maintain full form protection and indemnity insurance in an amount not less than one hundred million dollars ($100,000,000.00) and (iii) to name Tug Interests as named assureds or joint members (as applicable) with waiver of subrogation in favor of said Tug Interests assureds in all said policies. OWNERS shall be solely responsible for any deductibles maintained with respect to said insurances. OWNERS shall provide to XXXXX proper evidence of such insurance prior to commencement of a Deadship move, but the failure to do so shall not operate as a waiver by the Tug Interests of OWNERsOwners’ obligation to procure and maintain insurance as described herein, and OWNERS Owners agree that they shall be treated as being self-insured for any shortfall in coverage. For an absence of doubt, it is the express intent of the parties in this subparagraph 12(a9(a) to extend to Tug Interests, as primary cover for any liability arising out of performance of Tug Services services hereunder to a Deadship for which Tug Interests may be liable, the enumerated insurances maintained (or to be maintained) by OWNERS with respect to the Vessel assisted. b. The Limitation of Liability terms set forth in Section 17 Paragraph 14 shall apply to all Tug Services services rendered to Deadships. c. OWNERS shall make all necessary arrangements to employ a master and, if required or deemed advisable, a duly licensed pilot to serve aboard the Deadship, and to direct the navigation of the flotilla. In the event that OWNERS utilize a pilot, the pilot shall be deemed the borrowed servant of the Deadship assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Deadship assisted, her owner and operator, and being subject to the exclusive supervision and control of the Deadship’s master or OWNERS’ other command personnel aboard. XXXXX’x Tugs will use reasonable care to act at all times in accordance with the direction of OWNERS’ pilot, master or other command personnel, as applicable, which personnel shall be solely responsible for navigation of the Deadship flotilla.