GENERAL AVERAGE. You will not be liable to pay, nor be entitled to receive, any general average contribution in respect of property taken with you on the Ship.
GENERAL AVERAGE. SCOPIC remuneration shall not be a General Average expense to the extent that it exceeds the Article 13 Award; any liability to pay such SCOPIC remuneration shall be that of the Shipowner alone and no claim whether direct, indirect, by way of indemnity or recourse or otherwise relating to SCOPIC remuneration in excess of the Article 13 Award shall be made in General Average or under the vessel’s Hull and Machinery Policy by the owners of the vessel.
GENERAL AVERAGE. 21.1 General Average shall be adjusted at New York, or any other port at Carrier's option, according to the York‐Antwerp Rules of 1994. The General Average statement shall be prepared by adjusters appointed by Xxxxxxx.
21.2 In the event of accident, damage, danger or disaster after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for the consequence of which Carrier is not responsible by statute, contract or otherwise, Merchant shall contribute with Carrier in General Average to the payment of any sacrifice, loss or expense of a General Average nature that may be made or incurred, and shall pay salvage or special charges incurred in respect of the goods. If a salving vessel is owned or operated by Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
GENERAL AVERAGE. A. In addition to any other rights Charterer may have, and if requested by Charterer, Owners will release one or more cargoes to Charterer for transshipment from a port of refuge by and at the expense of Charterer in exchange for a nonseparation of interest agreement, general average bond, and a general average undertaking from cargo underwriters in the customary forms. Charterer’s transshipment expenses, up to the general average expenses saved, are to be treated like the general average expenses saved, as if those expenses had actually been incurred and paid for by Charterer. If a subcharter is involved and freight is at risk, subcharterer shall be credited for the vessel’s daily manning, bunkers, insurance costs as well as port expenses saved for any part of the voyage not required to be made by reason of transshipment. Bills of lading for such transshipped cargoes are deemed to be accomplished on completion of transfer to the transshipping vessel, and port of refuge where transfer is made shall be treated as a discharge port.
B. Any amounts allowable in general average for wages, provisions and stores shall be credited to Charterer insofar as such amounts are in respect of a period when the vessel is on hire.
GENERAL AVERAGE. General Average shall be adjusted, stated, and settled according to York/Antwerp Rules 1974, as amended, but subject to the provisions of Clause 9 (c) of this Charter and, as to matters not provided for by those rules, according to the laws and usages at the Port of New York (except that any payment made by Carrier to Charterer under Clause 20(b) or to a Government or others to "remove" oil, as defined in the Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP), as well as any other payments, with respect to the Vessel or Owner's Liability for Oil Pollution damages, shall not be deemed to be General Average sacrifices or expenditures). If a General Average statement is required, it shall be prepared at such port by an Adjuster at the Port of New York appointed by the Charterer of the Vessel and approved by the Carrier. Such Adjuster shall attend to the settlement and the collection of the General Average, subject to customary charges. General Average Agreements and/ or security shall be furnished by Carrier and/or Charterer of the Vessel, and/or Carrier and/or Consignee of cargo, if requested. Any cash deposit being made as security to pay General Average and/or salvage shall be remitted to the Average Adjuster and shall be held by him at his risk in a special account in a duly authorized and licensed bank at the place where the General Average statement is prepared.
GENERAL AVERAGE. 21.1 Carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1994 at any place at the option of Carrier. The New Xxxxx Xxxxxx as approved by BIMCO (obtainable from Carrier upon request) is deemed incorporated herein. General Average on a vessel not operated by Carrier shall be adjusted according to the requirements of the operator of that vessel.
21.2 Merchant shall indemnify Carrier in respect of any claims of a General Average nature which may be made against it and shall provide such cash deposit or security as Carrier may consider sufficient to cover the estimated General Average contribution of the Goods and any salvage and special charges thereon. Such deposit or security shall, if so required by Carrier, be provided to Carrier prior to delivery of the Goods.
21.3 Carrier shall be under no obligation to take any steps whatsoever to exercise any lien or collect or procure any security for General Average contribution due to Merchant.
GENERAL AVERAGE. General Average, if any, shall be adjusted according to the York- Antwerp Rules 1974 or any subsequent modification thereof current at the time of the casualty. Bareboat Hire will not contribute to General Average.
GENERAL AVERAGE. All rights and liabilities in respect of the Ship by way of general average shall be for the account of the Lessee.
GENERAL AVERAGE. General Average, if any, shall be adjusted according to the York-Antwerp Rules 1974 or any subsequent modification thereof current at the time of the casualty. The Charter Hire not to contribute to General Average.
GENERAL AVERAGE. In the event of imminent danger, peril, disaster, damage or accident before or after the commencement of the voyage, subjecting the Tug, Barge and Cargo to a common peril, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, Carrier is not responsible by statute, contract or otherwise, Shipper and the owners of the Cargo shall contribute with Carrier in general average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Cargo. If a salving ship is owned or operated by Carrier or its affiliates, salvage shall be paid for based upon the regular hourly rates hereunder. General Average shall be adjusted, stated, and settled according to York/Antwerp Rules 1994 at Honolulu or such other place as the parties may agree, and as to matters not therein provided for, according to laws and usages of the port selected (except that any payment made by Carrier to Shipper pursuant to Subsections 9.1.B. and 9.1.C., above, and Section 14., below, or to any governmental agency (whether federal, state or local) or to others to remove oil or a threat of oil pollution, as well as any other payments, with respect to Vessel or Carrier's liability for the release of oil, shall not be deemed to be General Average sacrifices or expenditures). If a General Average statement is required, it shall be prepared by adjusters jointly appointed by Carrier and Shipper, who are to attend to the settlement and collection of the General Average, subject to customary charges. General Average Agreements and/or security shall be furnished by Carrier and/or Shipper, if requested. Any cash deposit being made as security to pay General Average and/or salvage shall be remitted in a duly authorized and licensed bank at the place where the General Average statement is prepared.
