Common use of ISPS Clause in Contracts

ISPS. 1. The following applies to all deliveries: a. Seller shall procure that the Vessel complies with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (“ISPS Code”); b. the Vessel shall when required submit a Declaration of Security (“DoS”) to the appropriate authorities prior to arrival at the discharge port. 2. Notwithstanding any prior acceptance of the Vessel by the Storage Facility, if at any time prior to the arrival of the Vessel at the Storage Facility the Vessel ceases to comply with the requirements of the ISPS Code: a. COVA shall have the right not to berth such nominated Xxxxxx at the discharge port and any demurrage resulting shall not be for the account of COVA; b. Seller shall be obliged to substitute such nominated Vessel with a Vessel complying with the requirements of the ISPS Code. If title and risk to the cargo on board the Vessel subsequently substituted pursuant to 3. b) has already passed to COVA, such title and risk shall be deemed to have been reverted to the Seller. 3. COVA shall procure that the jetty used by the Storage Facility shall comply with the requirements of the ISPS Code or equivalent. Any costs or expenses in respect of the vessel including demurrage or any additional charge, fee or duty levied on the vessel at the discharge port/terminal/installation and actually incurred by Seller resulting directly from the failure of the discharge port/terminal/installation to comply with the ISPS Code shall be for the account of COVA, including but not limited to the time required or costs incurred by the vessel in taking any action or any special or additional security measures required by the ISPS Code. Save where the vessel has failed to comply with the requirements of the ISPS Code, COVA shall be responsible for any demurrage actually incurred by Seller arising from delay to the vessel at the discharge port/terminal/installation resulting directly from the vessel being required by the terminal operator, the port authority or any relevant authority to take any action or any special or additional security measures or undergo additional inspections by virtue of the vessel's previous ports of call. COVA’s liability to the Seller under this Agreement for any costs, losses or expenses incurred by the Vessel, the charterers or the Vessel’s owners resulting from the failure of the jetty used by the Storage Facility to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the Seller.

ISPS. 1. The following clause applies to all Re-deliveries except to the products and crude delivered DDP or DES to Storage Facility reserved for barge deliveries: a. Seller 1. Partner shall procure that the Vessel complies vessel shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (“ISPS Code”);. b. the Vessel 2. The vessel shall when required submit a Declaration of Security (“DoS”) to the appropriate authorities prior to arrival at the discharge port. 23. Notwithstanding any prior acceptance of the Vessel vessel by the discharge port/Storage Facility, if at any time prior to to; the arrival of the Vessel vessel at the Storage Facility discharge port the Vessel vessel ceases to comply with the requirements of the ISPS Codecode: a. COVA APETRA shall have the right not to berth such nominated Xxxxxx vessel at the discharge port and any demurrage resulting shall not be for the account of COVA;APETRA. b. Seller Partner shall be obliged to substitute such nominated Vessel vessel with a Vessel vessel complying with the requirements of the ISPS Code. If title and risk to the cargo on board the Vessel vessel subsequently substituted pursuant to 3. iii) b) has already passed to COVAAPETRA, such title and risk shall be deemed to have been reverted to the SellerPartner. 3. COVA a. APETRA shall procure that the jetty used by the discharge port/Storage Facility Facility/installation shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code or equivalent. Any Code). b. any costs or expenses in respect of the vessel including demurrage or any additional charge, fee or duty levied on the vessel at the discharge port/terminal/installation port and actually incurred by Seller the Partner resulting directly from the failure of the discharge port/terminalStorage Facility/installation to comply with the ISPS Code shall be for the account of COVAAPETRA, including but not limited to the time required or costs incurred by the vessel in taking any action or any special or additional security measures required by the ISPS Codecode. 5. Save where the vessel has failed to comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code), COVA APETRA shall be responsible for any demurrage actually incurred by Seller the Partner arising from delay to the vessel at the discharge port/terminal/installation port resulting directly from the vessel being required by the terminal operator, the port authority facility or any relevant authority to take any action or any special or additional security measures or undergo additional inspections inspections, by virtue of the vessel's ’s previous ports of call. 6. COVA’s APETRA liability to the Seller Partner under this Agreement Purchase Contract for any costs, losses or expenses incurred by the Vesselvessel, the charterers or the Vessel’s vessel owners resulting from the failure of the jetty used by the Storage Facility discharge port/terminal/installation to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the SellerPartner in accordance with the provisions of this clause. 7. Demurrage due by APETRA under the provisions of this article shall be paid, notwithstanding the provision of the article 5 of the present general terms and conditions.

ISPS. 1. The following clause applies to all deliveries except to the products and crude delivered DDP or DES to Storage Facility reserved for barge deliveries: a. Seller 1. Seller’s shall procure that the Vessel complies vessel shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (“ISPS Code”);) , b. 2. the Vessel vessel shall when required submit a Declaration of Security (“DoS”) to the appropriate authorities prior to arrival at the discharge port. 23. Notwithstanding any prior acceptance of the Vessel vessel by the dicharge port/Storage Facility, if at any time prior to to; the arrival of the Vessel vessel at the Storage Facility discharge port the Vessel vessel ceases to comply with the requirements of the ISPS Codecode: a. COVA APETRA shall have the right not to berth such nominated Xxxxxx vessel at the discharge port and any demurrage resulting shall not be for the account of COVA;APETRA. b. Seller shall be obliged to substitute such nominated Vessel vessel with a Vessel vessel complying with the requirements of the ISPS Code. If title and risk to the cargo on board the Vessel vessel subsequently substituted pursuant to 3. iii) b) has already passed to COVAAPETRA, such title and risk shall be deemed to have been reverted to the Seller. 3. COVA a. APETRA shall procure that the jetty used by the discharge port/Storage Facility Facility/installation shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code or equivalent. Any Code). b. any costs or expenses in respect of the vessel including demurrage or any additional charge, fee or duty levied on the vessel at the discharge port/terminal/installation port and actually incurred by the Seller resulting directly from the failure of the discharge port/terminalStorage Facility/installation to comply with the ISPS Code shall be for the account of COVAAPETRA, including but not limited to the time required or costs incurred by the vessel in taking any action or any special or additional security measures required by the ISPS Codecode. 5. Save where the vessel has failed to comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code), COVA APETRA shall be responsible for any demurrage actually incurred by the Seller arising from delay to the vessel at the discharge port/terminal/installation port resulting directly from the vessel being required by the terminal operator, the port authority facility or any relevant authority to take any action or any special or additional security measures or undergo additional inspections inspections, by virtue of the vessel's ’s previous ports of call. 6. COVA’s APETRA liability to the Seller under this Agreement Purchase Contract for any costs, losses or expenses incurred by the Vesselvessel, the charterers or the Vessel’s vessel owners resulting from the failure of the jetty used by the Storage Facility discharge port/terminal/installation to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the SellerSeller in accordance with the provisions of this clause. 7. Demurrage due by APETRA under the provisions of this article 14 shall be paid, nothwithstanding the provision of the article 9 of the present general terms and conditions.