Common use of GENERAL AVERAGE Clause in Contracts

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.

GENERAL AVERAGE. General average shall be adjusted, stated and settled, according to York/Antwerp Rules, 1994, except rule XXII thereof, at such port or place in the United States as may be selected by Xxxxxxx, and as to matters not provided for by these Rules, according to the laws and usage at the Port of San Francisco, CA. In such adjustment, disbursements in foreign currencies shall be exchanged into legal tender of the United States at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the Vessel. A general average guarantee and/or bond and such additional security as may be required by Carrier must be furnished before delivery of the Goods. Such cash deposit as Carrier may deem sufficient as additional security for the contribution of the Goods and for any salvage and special charges thereon shall, without prejudice to the ultimate liability of the parties, be made by the Goods, the Shipper or Consignee to Carrier before delivery. Such deposits shall, at the option of Carrier, be payable in legal tender of the United States and be remitted to the general average adjuster. When so remitted, the deposit shall be held in a special account at the place of adjustment in the names of the adjuster pending settlement of the general average, and refunds or credit balances, if any, shall be paid in legal tender of the United States. In the event of imminent accident, danger, perildamage, disaster, damage or accident disaster before or after the commencement of the voyage, subjecting the Tug, Barge and Cargo to a common peril, voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences consequence of which, Carrier Xxxxxxx is not responsible to the Goods, to the Shipper or to the Consignee by statute, contract contract, or otherwise, the Goods, the Shipper and the owners of the Cargo Consignee shall contribute with Carrier in general average to the payment of any sacrifices, losses or expenses of a General Average general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the CargoGoods. If a salving ship is owned or operated salvage services be rendered to the Goods by Carrier or its affiliatesby other vessels owned by or in the service of Carrier, salvage such services 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 fully as to matters not therein provided for, according to laws and usages of the port selected (except that any payment made if rendered by Carrier to Shipper pursuant to Subsections 9.1.B. and 9.1.C., above, and Section 14strangers., 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.

GENERAL AVERAGE. General average shall be adjusted, stated and settled, according to York/Antwerp Rules, 1994, except rule XXII thereof, at such port or place in the United States as may be selected by Xxxxxxx, and as to matters not provided for by these Rules, according to the laws and usage at the Port of San Francisco, CA. In such adjustment, disbursements in foreign currencies shall be exchanged into legal tender of the United States at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the Vessel. A general average guarantee and/or bond and such additional security as may be required by Carrier must be furnished before delivery of the Goods. Such cash deposit as Carrier may deem sufficient as additional security for the contribution of the Goods and for any salvage and special charges thereon shall, without prejudice to the ultimate liability of the parties, be made by the Goods, the Shipper or Consignee to Carrier before delivery. Such deposits shall, at the option of Carrier, be payable in legal tender of the United States and be remitted to the general average adjuster. When so remitted, the deposit shall be held in a special account at the place of adjustment in the names of the adjuster pending settlement of the general average, and refunds or credit balances, if any, shall be paid in legal tender of the United States. In the event of imminent accident, danger, perildamage, disaster, damage or accident disaster before or after the commencement of the voyage, subjecting the Tug, Barge and Cargo to a common peril, voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences consequence of which, Carrier Xxxxxxx is not responsible to the Goods, to the Shipper or to the Consignee by statute, contract contract, or otherwise, the Goods, the Shipper and the owners of the Cargo Consignee shall contribute with Carrier in general average to the payment of any sacrifices, losses or expenses of a General Average general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the CargoGoods. If a salving ship is owned or operated salvage services be rendered to the Goods by Carrier or its affiliatesby other vessels owned by or in the service of Carrier, salvage such services shall be paid for based upon as fully as if rendered by strangers. Xxxxxxx agrees to absorb the regular hourly rates hereunder. General Average shall be adjustedportion of general average allocated to the Goods on board the Vessel if owned by Xxxxxx Navigation Company of Alaska, stated, and settled according to York/Antwerp Rules 1994 LLC at Honolulu or such other place as the parties may agree, and as to matters not therein provided for, according to laws and usages time 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 14event giving riseto the declaration of general average., 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.

GENERAL AVERAGE. General average shall be adjusted, stated and settled, according to York/Antwerp Rules, 1994, except rule XXII thereof, at such port or place in the United States as may be selected by Xxxxxxx, and as to matters not provided for by these Rules, according to the laws and usage at the Port of San Francisco, CA. In such adjustment, disbursements in foreign currencies shall be exchanged into legal tender of the United States at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the Vessel. A general average guarantee and/or bond and such additional security as may be required by Carrier must be furnished before delivery of the Goods. Such cash deposit as Carrier may deem sufficient as additional security for the contribution of the Goods and for any salvage and special charges thereon shall, without prejudice to the ultimate liability of the parties, be made by the Goods, the Shipper or Consignee to Carrier before delivery. Such deposits shall, at the option of Carrier, be payable in legal tender of the United States and be remitted to the general average adjuster. When so remitted, the deposit shall be held in a special account at the place of adjustment in the names of the adjuster pending settlement of the general average, and refunds or credit balances, if any, shall be paid in legal tender of the United States. In the event of imminent accident, danger, perildamage, disaster, damage or accident disaster before or after the commencement of the voyage, subjecting the Tug, Barge and Cargo to a common peril, voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences consequence of which, Carrier Xxxxxxx is not responsible to the Goods, to the Shipper or to the Consignee by statute, contract contract, or otherwise, the Goods, the Shipper and the owners of the Cargo Consignee shall contribute with Carrier in general average to the payment of any sacrifices, losses or expenses of a General Average general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the CargoGoods. If a salving ship is owned or operated salvage services be rendered to the Goods by Carrier or its affiliatesby other vessels owned by or in the service of Carrier, salvage such services shall be paid for based upon as fully as if rendered by strangers. Xxxxxxx agrees to absorb the regular hourly rates hereunder. General Average shall be adjusted, stated, and settled according portion of general average allocated to York/Antwerp Rules 1994 the Goods on board the Vessel if owned by Xxxxxx Navigation Company at Honolulu or such other place as the parties may agree, and as to matters not therein provided for, according to laws and usages time 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 event giving rise to the settlement and collection declaration 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 preparedgeneral average.