Common use of Duty to Maintain Clause in Contracts

Duty to Maintain. (a) Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 and 2(a), exercise due diligence so to maintain or restore the Vessel. (b) If at any time whilst the Vessel is on hire under this Charter the Vessel fails to comply with the requirements of Clauses 1, 2(a) or 12 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the Vessel to perform any services under this Charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (b) shall be without prejudice to any other remedy available to Charterers, but where such reduction of hire is in respect of time lost; such time shall be excluded from any calculation under Clause 26 and Appendix C. (c) If Owners are in breach of their obligations under Clause 3(a), Charterers may so notify Owners in writing and if, after the expiry of ***** following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers reasonable satisfaction the exercise of due diligence as required in Clause 3(a), the Vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. (d) Owners shall advise Charterers immediately, in writing, should the Vessel fail an inspection by, but not limited to, a governmental and/or port state authority, and/or terminal and/or major charterer of similar tonnage. Owners shall simultaneously advise Charterers of their proposed course of action to remedy the defects, which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) failure of an inspection, or, (ii) any finding of an inspection, referred to in Clause 3 (d), prevents normal commercial operations then Charterers shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which shall be in a position no less favourable to Charterers than at which she went off-hire. (f) Furthermore, at any time while the Vessel is off-hire for a continued period of ***** under this Clause 3 (with the exception of Clause 3 (e)(ii)), Charterers have the option to terminate this Charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners or from any later date stated in such notice. This sub-Clause (f) is without prejudice to any rights of Charterers or obligations of Owners under this Charter or otherwise (including without limitation Charterers’ rights under Clause 22 and 62 hereof).

Duty to Maintain. (a) Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 and 2(a), exercise due diligence so to maintain or restore the Vessel. (b) If at any time whilst the Vessel is on hire under this Charter the Vessel fails to comply with the requirements of Clauses 1, 2(a) or 12 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the Vessel to perform any services under this Charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (b) shall be without prejudice to any other remedy available to Charterers, but where such reduction of hire is in respect of time lost; such time shall be excluded from any calculation under Clause 26 and Appendix C. (c) If Owners are in breach of their obligations under Clause 3(a), Charterers may so notify Owners in writing and if, after the expiry of ***** following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers reasonable satisfaction the exercise of due diligence as required in Clause 3(a), the Vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. (d) Owners shall advise Charterers immediately, in writing, should the Vessel fail an inspection by, but not limited to, a governmental and/or port state authority, and/or terminal and/or major charterer charterers of similar tonnage. Owners shall simultaneously advise Charterers of their proposed course of action to remedy the defects, which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) failure of an inspection, or, (ii) any finding of an inspection, referred to in Clause 3 (d), prevents normal commercial operations then Charterers shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which shall be in a position no less favourable to Charterers than at which she went off-hire. Owners shall provide Charterers with full details of their plans to remedy the cause of the failure or finding and the period within which this remedy will be completed. (f) Furthermore, at any time while the Vessel is off-hire for a continued period of ***** under this Clause 3 (with the exception of Clause 3 (e)(ii3(e)(ii)), Charterers have the option to terminate this Charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners or from any later date stated in such notice. This sub-Clause (f) is without prejudice to any rights of Charterers or obligations of Owners under this Charter or otherwise (including without limitation Charterers’ rights under Clause 22 and 62 63 hereof). (g) In the event that during this charter the Vessel undergoes modifications related to the LSGO conversion of the current Kawasaki main boilers, as per the agreement between GasLog and Wartsila dated 14 August 2012 as instructed by BG, the Vessel shall remain on-hire for all such work related to this (including commissioning time), and all costs of such modifications shall be reimbursed by Charterer.

Duty to Maintain. (a) Throughout Contractor shall perform all maintenance, repair and drydocking of the charter service Owners shallVessel as required (save for Scheduled Drydocking, whenever where costs shall be allocated in accordance with Clause 16) throughout the passage of timeTerm, wear such maintenance, repair and tear or any event (whether or not coming within Clause 29 hereof) requires steps drydocking being at Contractor’s sole cost and expense. Contractor shall adhere to a maintenance and repair programme throughout the Term which ensures that the Vessel is repaired and maintained to International Standards and can be taken to maintain or restore operated safely, effectively and reliably throughout the conditions stipulated in Clauses 1 and 2(a), exercise due diligence so to maintain or restore the VesselTerm. (b) If at any time whilst the Vessel is on hire under this Charter the Vessel fails to comply with the requirements of Clauses 1, 2(a) or 12 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the Vessel to perform any services under this Charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. Any reduction of hire under Fees permitted by the provisions of this sub-Clause (b) Agreement shall be without prejudice to any other remedy available to CharterersCustomer in respect of Contractor’s breach, but where such reduction of hire Fees is in respect of time lost; , such time shall be excluded from any calculation under Clause 26 and Appendix C.14. (c) If Owners are Contractor is in breach of their its obligations under Clause 3(a)Clauses 3 or 4, Charterers Customer may so notify Owners Contractor in writing thereof and if, after the expiry of ***** following the receipt by Owners Contractor of any such notice, Owners Contractor shall have failed to demonstrate to Charterers reasonable Customer’s satisfaction the exercise of due diligence as required in Clause 3(a)that Contractor has cured any such breach, the Vessel shall be off-hire, and no further hire payments shall be due, Hire until Owners have such time that Contractor has so demonstrated to Customer’s satisfaction that they are exercising such due diligencebreach has been cured. (d) Owners Contractor shall advise Charterers Customer immediately, in writing, should the Vessel fail an any inspection byby a Governmental Authority (including, but not limited to, a governmental and/or port state authority, and/or terminal and/or major charterer of similar tonnage). Owners Contractor shall simultaneously advise Charterers Customer of their its proposed course of action to remedy the defects, which have defects that caused the failure of such inspection. (e) If, in Charterers If Customer reasonably held viewdetermines: (i) the Vessel’s failure of to pass an inspection, ; or, (ii) the findings or conclusion of any finding of an inspection, inspection referred to in Clause 3 (d4.3(e), ; prevents normal commercial operations of the Vessel, then Charterers Customer shall have the option to place the Vessel off-hire Hire from the date and time that the Vessel fails such inspection, inspection or becomes commercially inoperable, and the Vessel shall remain off hire inoperable until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, organisation or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which shall be and the Vessel is in a position no less favourable to Charterers Customer than at which when she went off-hireHire. (f) Furthermore, at any time while the Vessel is off-hire for a continued period of ***** under this Clause 3 (with the exception of Clause 3 (e)(ii)), Charterers have the option to terminate this Charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners or from any later date stated in such notice. This sub-Clause (f) is without prejudice to any rights of Charterers or obligations of Owners under this Charter or otherwise (including without limitation Charterers’ rights under Clause 22 and 62 hereof).

Duty to Maintain. (a) Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 and 2(a), exercise due diligence so to maintain or restore the Vessel. (b) If at any time whilst the Vessel is on hire under this Charter charter the Vessel fails to comply with the requirements of Clauses 1, 2(a) or 12 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the Vessel to perform any services under this Charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (b) shall be without prejudice to any other remedy available to Charterers, but where such reduction of hire is in respect of time lost; such time shall be excluded from any calculation under Clause 26 and Appendix C. (c) If Owners are in breach of their obligations under Clause 3(a), Charterers may so notify Owners in writing and if, after the expiry of ***** 30 days following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers reasonable satisfaction the exercise of due diligence as required in Clause 3(a), the Vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. (d) Owners shall advise Charterers immediately, in writing, should the Vessel fail an inspection by, but not limited to, a governmental and/or port state authority, and/or terminal and/or major charterer of similar tonnage. Owners shall simultaneously advise Charterers of their proposed course of action to remedy the defects, which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) failure of an inspection, or, (ii) any finding of an inspection, referred to in Clause 3 (d), prevents normal commercial operations then Charterers shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or becomes commercially inoperable, and the Vessel shall remain off off-hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which shall be in a position form no less favourable to Charterers than at which she went off-hire. (f) Furthermore, at any time while the Vessel is off-hire for a continued period of ***** under this Clause 3 (with the exception of Clause 3 (e)(ii3(e)(ii)), Charterers have the option to terminate te1minate this Charter charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners or from any later date stated in such notice. This sub-Clause (f) is without prejudice to any rights of Charterers or obligations of Owners under this Charter charter or otherwise (including without limitation Charterers’ ' rights under Clause 22 and 62 61 hereof).

Duty to Maintain. (a) Throughout the charter service Owners Term of this Charter, Owner shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 hereof30) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 2 and 2(a3(a), exercise due diligence so to maintain or restore the Vessel; provided always that Charterer shall give Owner adequate notice of the Vessel’s intended trading pattern and any change therein to enable Owner to take any steps required by this Clause 4(a) and/or otherwise required to comply with Clause 3(a) as a result of such trading pattern or change and provided further that during periods in dry-dock pursuant to Clause 25, or in lay-up pursuant to Clause 34 or undergoing modifications or changes pursuant to Clause 42, the standard of diligence shall be the standard ordinarily applied by prudent owners to vessels of the same type in the same circumstances. (b) If at any time whilst while the Vessel is on hire under this Charter the Vessel fails to comply with the requirements of Clauses 12, 2(a) 3(a), 13 or 12 14, then hire shall be reduced to the extent necessary to indemnify Charterers Charterer for any costs directly incurred by Charterer as a result of such failure. If If, and to the the, extent that that, such failure affects effects the time taken by the Vessel to perform any services under this Charter, hire shall be reduced by an amount equal to the valuevalue of the time so lost, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (b4(b) shall be without prejudice to any other right or remedy available to CharterersCharterer, but where such reduction of hire is in respect of time lost; , such time shall be excluded from any applicable calculation under Clause 26 and Appendix C.27. (c) If Owners are Owner is in breach of their obligations its obligation under Clause 3(a4(a), Charterers Charterer may so notify Owners Owner in writing writing; and if, after the expiry of ***** days following the receipt by Owners Owner of any such notice, Owners have Owner has failed to demonstrate to Charterers Charterer’s reasonable satisfaction the exercise of due diligence as required in Clause 3(a4(a), the Vessel shall be off-hire, and no further hire payments shall be due, until Owners have Owner has so demonstrated to Charterer’s reasonable satisfaction that they are Owner is exercising such due diligence. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). (d) Owners Owner shall advise Charterers Charterer immediately, in writing, should the Vessel fail an inspection by, but not limited to, by a governmental and/or port state authority, authority and/or terminal and/or major charterer of similar tonnagea Primary Terminal. Owners Owner shall simultaneously advise Charterers Charterer of their its proposed course of action to remedy the defects, defects which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) If the failure of an inspection, or, (ii) inspection or any finding of an inspection, inspection referred to in Clause 3 (d), 4(d) actually prevents the Vessel from normal commercial operations operations, then Charterers Charterer shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or actually becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or inoperable until the date and time that the Vessel becomes commercially operableagain is able to resume normal commercial operations; provided, which however, that the Vessel shall not be on hire thereafter until such time as she is in a geographical position no less favourable favorable to Charterers Charterer than the geographical position at which she went off-hire. Notwithstanding the foregoing, any service given or distance made good by the Vessel whilst off-hire under the provisions of this Clause 4(e) (and the cost of bunkers, diesel oil, marine gas oil and boil-off which would have been used or lost to give such service or to make good such distance while so off-hire) shall be taken into account in assessing the amount to be deducted from hire. For the purposes of this Clause 4(e), “normal commercial operations” and “commercially operable” means that the Vessel is not or will not be prevented from entering any port to which Charterer instructed the Vessel or, as the case may be, from loading or discharging cargo at any Primary Terminal to which Charterer instructed the Vessel, in either case by reason of a failure of an inspection or any finding by a governmental and/or port state authority or a failure of an inspection by a Primary Terminal on the basis of a violation of the criteria set by that Primary Terminal when the Vessel was first approved under a compatibility study relative to that Primary Terminal under the conditions of third-party usage generally applicable at that Primary Terminal (as such criteria and conditions of third-party usage may be amended from time to time). (f) Furthermore, at if any time while the Vessel is period of off-hire for a continued period of under Clause 4(c) exceeds ***** under this Clause 3 (with the exception of Clause 3 (e)(ii))consecutive days, Charterers have the option then Charterer may, if it chooses to do so by giving written notice thereof to Owner, terminate this Charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners Owner or from any later date stated in such notice. This sub-Clause (f) 4 is without prejudice to any rights of Charterers Charterer or obligations of Owners Owner under this Charter or otherwise (including without limitation Charterers’ Charterer’s rights under Clause 22 and 62 hereof24).

Duty to Maintain. (a) Throughout the charter service Owners Charter Period Owner shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 32 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 3 and 2(a4(a), exercise due diligence so to maintain or restore the Vesselthese conditions. (b) If at any time whilst the Vessel is on hire under this Time Charter Party the Vessel fails to comply with the requirements of Clauses 13, 2(a4(a) or 12 16 then hire Hire shall be reduced to the extent necessary to indemnify Charterers compensate Charterer for such failure. If and to the extent that such failure affects the time taken by the Vessel to perform any services under this CharterTime Charter Party, hire Hire shall be reduced by an amount equal to the value, calculated at the rate of hireHire applicable at the time, of the time so lost. . (c) Any reduction of hire Hire under this sub-Clause (b5(b) shall be without prejudice to any other remedy available to CharterersCharterer, but where such reduction of hire Hire is in respect of time lost; , such time shall be excluded from any calculation under Clause 26 29 and Appendix C. (cd) If Owners are Owner is in breach of their its obligations under Clause 3(a5(a), Charterers Charterer may so notify Owners in writing provide written notice of the breach to Owner and if, after the expiry of ***** following thirty (30) Days after the receipt by Owners date of any such notice, Owners have Owner has failed to demonstrate to Charterers Charterer’s reasonable satisfaction the exercise of due diligence as required in Clause 3(a5(a), the Vessel shall be off-off hire, and no further hire Hire payments shall be due, until Owners have so Owner has demonstrated that they are it is exercising such due diligencediligence to maintain or restore the Vessel. (de) Owners shall advise Charterers immediately, in writing, should If the Vessel fail fails an inspection by, but not limited to, by a governmental and/or port state authority, and/or terminal and/or major charterer of similar tonnage. Owners tonnage (or any other relevant Person entitled to make an inspection of the Vessel), Owner shall simultaneously give Charterer written notice of the failure and advise Charterers Charterer of their the proposed course of action to remedy the defects, which have caused the failure of such inspection. (ef) If, in Charterers reasonably held viewCharterer’s reasonable opinion: (i) failure of an inspection, ; or, (ii) any finding of an inspection, referred to in Clause 3 (d5(e), prevents normal commercial operations then Charterers shall have Charterer has the option to place the Vessel off-off hire from the date and time that the Vessel fails such inspection, or becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which and Hire shall not be payable in respect of the off hire period. The Charterer shall be in a position no less favourable to Charterers when the Vessel becomes on hire than at which it was when she went off-off hire. (fg) Furthermore, at At any time while the Vessel is off-off hire for a continued period of ***** under this Clause 3 5 (with the exception of Clause 3 (e)(ii5(f)(ii)), Charterers Charterer shall have the option to terminate this Time Charter Party by giving notice in writing with effect from the date on which such notice of termination is received by Owners Owner or from any later date stated in such notice. This sub-Clause (f5(g) is without prejudice to any rights of Charterers Charterer or obligations of Owners Owner under this Time Charter Party or otherwise (including without limitation Charterers’ Charterer’s rights under Clause 22 and 62 hereof25).

Duty to Maintain. (a) Throughout the charter service Owners Term of this Charter, Owner shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 hereof30) requires steps to be taken to maintain or restore the conditions stipulated in Clauses 1 2 and 2(a3(a), exercise due diligence so to maintain or restore the Vessel; provided always that Charterer shall give Owner adequate notice of the Vessel’s intended trading pattern and any change therein to enable Owner to take any steps required by this Clause 4(a) and/or otherwise required to comply with Clause 3(a) as a result of such trading pattern or change and provided further that during periods in dry-dock pursuant to Clause 25, or in lay-up pursuant to Clause 34 or undergoing modifications or changes pursuant to Clause 42, the standard of diligence shall be the standard ordinarily applied by prudent owners to vessels of the same type in the same circumstances. (b) If at any time whilst while the Vessel is on hire under this Charter the Vessel fails to comply with the requirements of Clauses 12, 2(a) 3(a), 13 or 12 14, then hire shall be reduced to the extent necessary to indemnify Charterers Charterer for any costs directly incurred by Charterer as a result of such failure. If If, and to the extent that that, such failure affects the time taken by the Vessel to perform any services under this Execution version re Hull 1689 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). Charter, hire shall be reduced by an amount equal to the valuevalue of the time so lost, calculated at the rate of hire, of the time so lost. Any reduction of hire under this sub-Clause (b4(b) shall be without prejudice to any other right or remedy available to CharterersCharterer, but where such reduction of hire is in respect of time lost; , such time shall be excluded from any applicable calculation under Clause 26 and Appendix C.27. (c) If Owners are Owner is in breach of their obligations its obligation under Clause 3(a4(a), Charterers Charterer may so notify Owners Owner in writing writing; and if, after the expiry of ***** days following the receipt by Owners Owner of any such notice, Owners have Owner has failed to demonstrate to Charterers Charterer’s reasonable satisfaction the exercise of due diligence as required in Clause 3(a4(a), the Vessel shall be off-hire, and no further hire payments shall be due, until Owners have Owner has so demonstrated to Charterer’s reasonable satisfaction that they are Owner is exercising such due diligence. (d) Owners Owner shall advise Charterers Charterer immediately, in writing, should the Vessel fail an inspection by, but not limited to, by a governmental and/or port state authority, authority and/or terminal and/or major charterer of similar tonnagea Primary Terminal. Owners Owner shall simultaneously advise Charterers Charterer of their its proposed course of action to remedy the defects, defects which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) If the failure of an inspection, or, (ii) inspection or any finding of an inspection, inspection referred to in Clause 3 (d), 4(d) actually prevents the Vessel from normal commercial operations operations, then Charterers Charterer shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or actually becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or inoperable until the date and time that the Vessel becomes commercially operableagain is able to resume normal commercial operations; provided, which however, that the Vessel shall not be on hire thereafter until such time as she is in a geographical position no less favourable favorable to Charterers Charterer than the geographical position at which she went off-hire. Notwithstanding the foregoing, any service given or distance made good by the Vessel whilst off-hire under the provisions of this Clause 4(e) (and the cost of bunkers, diesel oil, marine gas oil and boil-off which would have been used or lost to give such service or to make good such distance while so off-hire) shall be taken into account in assessing the amount to be deducted from hire. For the purposes of this Clause 4(e), “normal commercial operations” and “commercially operable” means that the Vessel is not or will not be prevented from entering any port to which Charterer instructed the Vessel or, as the case may be, from loading or discharging cargo at any Primary Terminal to which Charterer instructed the Vessel, in either case by reason of a failure of an inspection or any finding by a governmental and/or port state authority or a failure of an inspection by a Primary Terminal on the basis of a violation of the criteria set by that Primary Terminal when the Vessel was first approved under a compatibility study relative to that Primary Terminal under the conditions of third-party usage generally applicable at that Primary Terminal (as such criteria and conditions of third-party usage may be amended from time to time). (f) Furthermore, at if any time while the Vessel is period of off-hire for a continued period of under Clause 4(c) exceeds ***** under this Clause 3 (with the exception of Clause 3 (e)(ii))consecutive days, Charterers have the option then Charterer may, if it chooses to do so by giving written notice thereof to Owner, terminate this Charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners Owner or from any later date stated in such notice. Execution version re Hull 1689 This sub-Clause (f) 4 is without prejudice to any rights of Charterers Charterer or obligations of Owners Owner under this Charter or otherwise (including without limitation Charterers’ Charterer’s rights under Clause 22 and 62 hereof24).

Duty to Maintain. (ai) Throughout the charter service Owners shall, whenever the passage of time, wear and tear or any event (whether or not coming within Clause 29 28 hereof) requires steps to be taken to maintain or restore the conditions stipulated in Clauses Clause 1 and 2(a2 (a), exercise due diligence so to maintain or restore the Vesselvessel. (bii) If at any time whilst the Vessel vessel is on hire under this Charter charter, the Vessel vessel fails to comply with the requirements of Clauses 1, 2(a2 (a) or 12 11 then hire shall be reduced to the extent necessary to indemnify Charterers for such failure. If and to the extent that such failure affects the time taken by the Vessel vessel to perform any services under this Charter, charter hire shall be reduced by an amount equal to the value, calculated at the rate of hire, . Cost of Bunker consumed during the time so lostlost will be on owners’ account. Any reduction of hire under this sub-Clause (bii) shall be without prejudice to any other remedy available to Charterers, but where such reduction of hire is in respect of time lost; , such time shall be excluded from any calculation under Clause 26 and Appendix C.Clause-25. (ciii) If Owners are in breach of their obligations obligation under Clause 3(a3 (i), Charterers may so notify Owners in writing writing; and if, after the expiry of ***** 30 days following the receipt by Owners of any such notice, Owners have failed to demonstrate to Charterers Charterers’ reasonable satisfaction the exercise of due diligence as required in Clause 3(a3 (i), the Vessel vessel shall be off-hire, and no further hire payments shall be due, until Owners have so demonstrated that they are exercising such due diligence. (d) Owners shall advise Charterers immediately, in writing, should the Vessel fail an inspection by, but not limited to, a governmental and/or port state authority, and/or terminal and/or major charterer of similar tonnage. Owners shall simultaneously advise Charterers of their proposed course of action to remedy the defects, which have caused the failure of such inspection. (e) If, in Charterers reasonably held view: (i) failure of an inspection, or, (ii) any finding of an inspection, referred to in Clause 3 (d), prevents normal commercial operations then Charterers shall have the option to place the Vessel off-hire from the date and time that the Vessel fails such inspection, or becomes commercially inoperable, and the Vessel shall remain off hire until the earlier of the date and time that the Vessel passes a re-inspection by the same organisation, or until the date and time that Owners and Charterers mutually agree that the Vessel is in a condition to pass such re-inspection or until the date and time that the Vessel becomes commercially operable, which shall be in a position no less favourable to Charterers than at which she went off-hire. (f) Furthermore, at any time while the Vessel vessel is off-hire for a continued period of ***** under this Clause 3 (with the exception of Clause 3 (e)(ii))3, Charterers have the option to terminate this Charter charter by giving notice in writing with effect from the date on which such notice of termination is received by Owners or from any later date stated in such notice. This sub-Clause clause (fiii) is without prejudice to any rights of Charterers or obligations of Owners under this Charter charter or otherwise (including without limitation Charterers’ rights under Clause 22 and 62 hereof).