Common use of GENERAL AVERAGE Clause in Contracts

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. 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 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.