Common use of New Xxxxx Clause Clause in Contracts

New Xxxxx Clause. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible by statute, contract or otherwise, the cargo, shippers, consignees or owners of the cargo shall contribute with the 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 special charges incurred in respect of the cargo. If a salving ship is owned or operated by the carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery. All bills of lading issued under this Charter shall contain this New Xxxxx Clause.

Appears in 3 contracts

Samples: Time Charter Party (APT Sunshine State LLC), Time Charter Party (APT Sunshine State LLC), Time Charter Party (APT Sunshine State LLC)

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New Xxxxx Clause. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence consequences of which, the carrier Owner is not responsible by statute, contract or otherwise, the cargocargoes, shippers, consignees or owners of the cargo Cargoes shall contribute with the carrier Owner 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 cargoCargoes. If a salving ship is owned or operated by the carrierOwner, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the carrier Owner or his its agents may deem sufficient to cover the estimated contribution of the cargo Cargoes and any salvage and special charges thereon shall, if required, be made by the cargoCargoes, shippers, consignees or owners of the cargo cargoes to the carrier Owner before delivery. All Charterer shall use every reasonable effort to ensure that all bills of lading issued under this Charter shall contain this New Xxxxx Clausefor Cargoes carried onboard the Barges include the foregoing clause.

Appears in 1 contract

Samples: Time Charter Agreement (NGC Corp)

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