Off-Hire. a. In the event of loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency of men or stores, breach of orders or neglect of duty by the master, officers, or crew, or from deviation for the purpose of landing any injured or ill person on board other than any person who may be carried at Charterers’ request, payment of hire shall cease for all time lost until the Vessel is again ready and in an efficient state to resume her service and has regained a point of progress equivalent to that when the hire ceased hereunder: cost of fuel consumed while the Vessel is off hire hereunder, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than to which the Vessel is bound, shall be borne by the Owners; but should the Vessel be driven into port or to anchorage by stress of weather or on account of accident to her cargo due to the negligence of the Charterers such loss of time , shall be for Charterers’ account. Vessel shall provide Charterers with written notice when the Vessel goes back on hire. If upon the voyage the speed of the Vessel be reduced or her fuel consumption increased by breakdown, casualty, or inefficiency of master, officers, or crew, so as to cause a delay of more than twenty-four hours in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ account. b. If the Vessel fails to proceed at any guaranteed speed pursuant to Clause 24, unless Charterers direct Vessel to perform at reduced speed, the period for which the Vessel shall be off-hire shall be the difference between the time the Vessel would have performed the service at such guaranteed speed and the time actually taken (including lost time). An example of this calculation is provided in Attachment I. If the periods of time lost for which hire does not cease to be payable under the foregoing provisions of this Clause because each such period or delay is not of more than six (6) hours duration exceed in the aggregate seventy-two (72) hours in any Charter Party year (and pro-rata for part of a year), hire shall not be payable for the excess and any hire overpaid by the Charterers shall be repaid by the Owners. c. In the event of loss of time by detention of the Vessel by authorities at any place in consequence of legal proceeding against the Vessel or the Owners for any reason not caused by or contributed to Charterers, payment of Charter hire shall cease for all time so lost. Cost of fuel and water consumed as well as all additional port charges, pilotages, and other expenses incurred during the time so lost shall be borne by the Owners. d. Time during which the Vessel is off-hire under this Charter shall count as part of the Term. However, Charterers have the option to extend the Term of the Charter for all or any period of time the Vessel was off-hire by providing Owners with a minimum of ninety (90) days written notice prior to the end of the initial Term or any extended Term, if applicable. If or when Charterers give notice to Owners that they will extend the Term of the Charter for all or any period of time the Vessel was off-hire, the applicable rate of hire at the time the notice is given shall apply for the rate of hire during the extended period.
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)
Off-Hire. a. In the event of loss of 14.1 Except if due to any Applicable Jurisdiction Change in Law Required Action, Excusable Event, Force Majeure or Adverse Weather Conditions, during any time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of in which the Vessel for more than six is (6i) consecutive hours, provided that loss of time shall not unable to meet the Off-Hire Threshold; or (ii) ceases completely or is incapable or unable to send out any regasified LNG or completely ceases to be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections at Charterer’s disposal during waiting periods the Charter Period and/or where the Vessel is “Off-Hire” under the OSA (as such work will not interfere with next arrival time specified in Charterers’ voyage orders, or term is defined in the event of loss of time from deficiency of men or storesOSA), breach of orders or neglect of duty the Vessel shall be treated as “Off-Hire” and no Daily Hire shall be payable by the master, officers, or crew, or from deviation for the purpose of landing any injured or ill person on board other than any person who may be carried at Charterers’ request, payment of hire shall cease for all time lost Charterer during such period until the Vessel is again ready and in an efficient state to resume her service performance under this Charter (being the state the Vessel was in before being considered Off-Hire), and/or the OSA as applicable (or would be so ready and has regained a point in an efficient state but for an Excusable Event, Force Majeure, Adverse Weather Conditions or Applicable Jurisdiction Change in Law Required Action). The Vessel shall further be Off-Hire in respect of progress equivalent to that when any day in which the hire ceased hereunder: cost of fuel consumed while circumstances set out in Clause 7.4(h)(ii) or Clause 15.1(b) apply. For such time as the Vessel is off hire hereunder, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in Off-Hire but still able to any port or place other than to which the Vessel is bound, shall be borne by the Owners; but should the Vessel be driven into port or to anchorage by stress of weather or on account of accident to her cargo due to the negligence provide some of the Charterers such loss of time FSRU Services, Owner shall be for Charterers’ account. Vessel shall have the option not to provide Charterers with written notice when the Vessel goes back on hire. If upon the voyage the speed of the Vessel be reduced or her fuel consumption increased by breakdown, casualty, or inefficiency of master, officers, or crew, so as to cause a delay of more than twenty-four hours in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members FSRU Services to Charterer to the extent reasonably required for the purposes of rectifying the deficiency and attempting to cause the Vessel to resume full performance of the crew shall be for Owners’ accountFSRU Services.
b. If the Vessel fails to proceed at any guaranteed speed pursuant to Clause 24, unless Charterers direct Vessel to perform at reduced speed, the period for which the Vessel shall be off-hire shall be the difference between the time the Vessel would have performed the service at such guaranteed speed and the time actually taken (including lost time). An example of this calculation is provided in Attachment I. If the periods of time lost for which hire does not cease to be payable under the foregoing provisions of this Clause because each such period or delay is not of more than six (6) hours duration exceed in the aggregate seventy-two (72) hours in any Charter Party year (and pro-rata for part of a year), hire shall not be payable for the excess and any hire overpaid by the Charterers shall be repaid by the Owners.
c. In the event of loss of time by detention of the Vessel by authorities at any place in consequence of legal proceeding against the Vessel or the Owners for any reason not caused by or contributed to Charterers, payment of Charter hire shall cease for all time so lost. Cost of fuel and water consumed as well as all additional port charges, pilotages, and other expenses incurred during the time so lost shall be borne by the Owners.
d. 14.2 Time during which the Vessel is offOff-hire Hire under this Charter shall count as part of the TermCharter Period. However SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, Charterers have the option to extend the Term of the Charter for all or any period of time the Vessel was off-hire by providing Owners with a minimum of ninety AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (90) days written notice prior to the end of the initial Term or any extended Term, if applicable*****). If or when Charterers give notice to Owners that they will extend the Term of the Charter for all or any period of time the Vessel was off-hire, the applicable rate of hire at the time the notice is given shall apply for the rate of hire during the extended period.
Appears in 1 contract
Samples: International Charter Agreement (Hoegh LNG Partners LP)
Off-Hire. a. In the event of loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency and/or default and/or strike of men or stores, breach of orders or neglect of duty by the master, officers, officers or crew, or deficiency of stores, fire, breakdown of, or damages to hull, machinery or equipment, grounding, detention by the arrest of the Vessel (unless such arrest is caused by events for which the Charterers, their servants, agents or subcontractors are responsible), or detention by average accidents to the Vessel or cargo unless resulting. from deviation inherent vice, quality or defect of the cargo, dry docking for the purpose of landing examination or painting bottom, or by any injured or ill person on board other than any person who may be carried at Charterers’ requestsimilar cause preventing the full working of the Vessel, the payment of hire and overtime, if any, shall cease for all the time lost until thereby lost. Should the Vessel deviate or put back during a voyage, contrary to the orders or directions of her Charterers, for any reason other than accident to the cargo or where permitted in Clause 22 hereunder, the hire is to be suspended from the time of her deviating or putting back until she is again ready in the same or equidistant position from the destination and in an efficient state to resume her service and has regained a point of progress equivalent to that when the hire ceased hereunder: cost of fuel consumed while voyage resumed therefrom. All bunkers used by the Vessel is while off hire hereundershall be for the Owners' account, as well as the Charterers shall be entitled to claim compensation for their loss and for all port charges, pilotages, and other expenses in incurred during such period and consequent upon together with interest. In the putting in to any port or place other than to which event of the Vessel is bound, shall be borne by the Owners; but should the Vessel be being driven into port or to anchorage by through stress of weather weather, trading to shallow harbors or on account of accident to her cargo due to the negligence rivers or ports with bars, any detention of the Charterers Vessel and/ or expenses resulting from such loss of time , detention shall be for before the Charterers’ ' account. Vessel shall provide Charterers with written notice when the Vessel goes back on hire. If upon the voyage the speed of the Vessel be reduced or her fuel consumption increased by breakdown, casualtydefect in, or inefficiency breakdown of, any part of masterher hull, officersmachinery or equipment, or crewthe time so lost, so as to cause a delay and the cost of any extra bunkers consumed in consequence thereof, and all extra proven expenses may be deducted from the hire. Should the vessel be off hire for more than twenty-four hours in arriving at the Vessel’s next port 15 consecutive days or an excess consumption of accumulative total more than one day’s fuel30 days, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ account.
b. If the Vessel fails to proceed at any guaranteed speed pursuant to Clause 24, unless Charterers direct Vessel to perform at reduced speed, the period for which the Vessel shall be off-hire shall be the difference between the time the Vessel would have performed the service at such guaranteed speed and the time actually taken (including lost time). An example of this calculation is provided in Attachment I. If the periods of time lost for which hire does not cease to be payable under the foregoing provisions of this Clause because each such period or delay is not of more than six (6) hours duration exceed in the aggregate seventy-two (72) hours in any Charter Party year (and pro-rata for part of a year), hire shall not be payable for the excess and any hire overpaid by the Charterers shall have the right to cancel this Charter Party and hire paid in advance is to be repaid immediately refunded by the Owners.
c. In the event of loss of time by detention of the Vessel by authorities at any place in consequence of legal proceeding against the Vessel or the Owners for any reason not caused by or contributed to Charterers, payment of Charter hire shall cease for all time so lost. Cost of fuel and water consumed as well as all additional port charges, pilotages, and other expenses incurred during the time so lost shall be borne by the Owners.
d. Time during which the Vessel is off-hire under this Charter shall count as part of the Term. However, Charterers The charterers have the option to extend the Term of add on to the Charter for all period any off hire suffered by the vessel, or any period of time if the Vessel was off-hire by providing Owners with a minimum of ninety (90) days written notice prior to the end of the initial Term or any extended Term, if applicable. If or when Charterers give notice to Owners that they will extend the Term of the Charter for all or any period of time the Vessel was off-hirerequire, the applicable rate of hire at the time the notice is given shall apply for the rate of hire during the extended periodowners should provide same capacity vessel to replace above-vessel as agreed mutually.
Appears in 1 contract
Samples: Time Charter Agreement (Sino Shipping Holdings Inc.)
Off-Hire. a. In 18.1 Off-Hire
(a) On each and every occasion where the event Vessel ceases to be at Charterer’s disposition where the Vessel is “off-Hire” under the Operation and Services Agreement (as such term is defined in the Operation and Services Agreement), then without prejudice to Charterer’s rights under this Charter or the Operation and Services Agreement, or otherwise, the Vessel shall be treated as “off-Hire” and no Hire shall be payable by Charterer from the commencement of such loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency of men or stores, breach of orders or neglect of duty by the master, officers, or crew, or from deviation for the purpose of landing any injured or ill person on board other than any person who may be carried at Charterers’ request, payment of hire shall cease for all time lost until the Vessel is again ready and in an efficient state to resume her service from (if applicable) a position not less favourable to Charterer than that at which such loss of time commenced including, without limitation, return to the queue position, berth or place occupied by the Vessel when she went off-Hire); provided, however, that any service given or (if applicable) distance made good by the Vessel whilst off-Hire shall be taken into account in assessing the amount to be deducted from Hire and has regained further provided that in the event that as a point result of progress equivalent any time spent off-Hire the Vessel misses a convoy to that when the hire ceased hereunder: transit a canal or area, all time lost shall count as off-Hire. The cost of fuel all fuels, LNG Heel or vapour lost or consumed while the Vessel is off hire hereunderoff-Hire, as well as all port charges, pilotagespilotage, and other expenses incurred by the Vessel during such period and or consequent upon to the putting in to into any port or place other than that to which the Vessel is bound, shall be borne by the Owners; but should Owner. Should the Vessel be driven into any port or to anchorage by stress of weather or Hire shall continue to be due and payable during any time lost thereby.
(b) Owner shall be entitled to an allowance, such allowance not to be included as periods of off-Hire of one hundred and forty four (144) hours per annum (“Off-Hire Allowance”) counted from the Hire Commencement Date until the first anniversary thereof and thereafter for each twelve (12) month period beginning on account of accident to her cargo due to the negligence each anniversary of the Charterers such loss of time , Hire Commencement Date. The Off-Hire Allowance shall be for Charterers’ account. Vessel shall provide Charterers with written notice applied in each such twelve (12) month period against the first one hundred and forty four (144) hours when the Vessel goes back on hireis off-Hire under this Clause 18. If upon Notwithstanding the voyage foregoing, the speed of Off-Hire Allowance may not be cumulated from year to year and may only be used in the Vessel be reduced or her fuel consumption increased by breakdown, casualty, or inefficiency of master, officers, or crew, so as to cause a delay of more than twenty-four hours period in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ accountwhich it accrues.
b. (c) If the Vessel fails to proceed at any Guaranteed Speed or fails to load, discharge or regasify at the guaranteed loading, discharge or regasification rates set out in Clause 22.2, and such failure arises wholly or partly from any of the causes set out in Clause 18.1(a) then, if the Vessel is unable to maintain a speed of at least ***** of the Guaranteed Speed or to load, discharge or regasify at a rate of ***** of the relevant guaranteed loading, discharge or regasification rates set out in Clause 22.2, Charterer shall have the right to place the Vessel off-Hire. If Charterer elects not to place the Vessel off-Hire and continues to use the Vessel, such failure shall result in a reduction in Hire pursuant to Clause 24, unless Charterers direct Vessel to perform at reduced speed, the period for which 23.2 and the Vessel shall will not be off-hire shall be the difference between the time the Vessel would have performed the service at such guaranteed speed and the time actually taken (including lost time). An example of this calculation is provided in Attachment I. If the periods of time lost for which hire does not cease to be payable Hire under the foregoing provisions of this Clause because each such period or delay is not of more than six (6) hours duration exceed in the aggregate seventy-two (72) hours in any Charter Party year (and pro-rata for part of a year18.1(c), hire shall not be payable for the excess and any hire overpaid by the Charterers shall be repaid by the Owners.
c. (d) In the event of loss of time by detention any tank of the Vessel by authorities at any place in consequence being unavailable for the carriage of legal proceeding against the Vessel or the Owners cargo for any reason not caused by the fault of Charterer, Charterer shall have the option of utilising or contributed not utilising the Vessel; provided, however, that Owner or Contractor shall have the right to Chartererseffect full repairs on the Vessel subject to the consent of Charterer, payment of Charter hire which consent shall cease for all time so lostnot be unreasonably withheld. Cost of fuel and water consumed as well as all additional port chargesIn the event Charterer nonetheless elects to utilise the Vessel, pilotages, and other expenses incurred Hire shall be reduced pro rata during the time so lost period such tank remains unavailable for the carriage of cargo. The amount of reduced Hire payable shall be borne calculated by multiplying the Daily Hire by the Ownersactual cargo capacity available divided by the Vessel’s maximum cargo capacity.
d. (e) Notwithstanding the other provisions of Clause 18.1, any time lost in gas-freeing to the standard required for entry into drydock for cleaning and painting the hull which would be off-Hire but for Owner exercising due diligence in such gas-freeing shall not be included in any calculation under Schedule II.
18.2 Calculation of time
(a) Time during which the Vessel is off-hire Hire under this Charter shall count as part of the Term. HoweverCharter Period, Charterers have the except where Charterer declares its option to extend the Term of the Charter for all or any period of time the Vessel was add off-hire by providing Owners with a minimum of ninety Hire periods under Clause 3.5.
(90b) days written notice prior All references to the end of the initial Term or any extended Term, if applicable. If or when Charterers give notice “time” in this Charter shall be references to Owners that they will extend the Term of the Charter for all or any period of local time the Vessel was off-hire, the applicable rate of hire at the time the notice is given shall apply for the rate of hire during the extended periodexcept where otherwise stated.
Appears in 1 contract
Off-Hire. a. In 18.1 Off-Hire
(a) On each and every occasion where the event Vessel ceases to be at Charterer’s disposition where the Vessel is “off-Hire” under the Operation and Services Agreement (as such term is defined in the Operation and Services Agreement), then without prejudice to Charterer’s rights under this Charter or the Operation and Services Agreement, or otherwise, the Vessel shall be treated as “off-Hire” and no Hire shall be payable by Charterer from the commencement of such loss of time from breakdown of machinery, regulatory issues involving Vessel or Owners, collision, stranding, fire or other accident or damage to the Vessel, not caused by the fault of the Charterers, preventing the working of the Vessel for more than six (6) consecutive hours, provided that loss of time shall not be construed to include time spent performing voyage repairs, preventative maintenance or regulatory inspections during waiting periods where such work will not interfere with next arrival time specified in Charterers’ voyage orders, or in the event of loss of time from deficiency of men or stores, breach of orders or neglect of duty by the master, officers, or crew, or from deviation for the purpose of landing any injured or ill person on board other than any person who may be carried at Charterers’ request, payment of hire shall cease for all time lost until the Vessel is again ready and in an efficient state to resume her service from (if applicable) a position not less favourable to Charterer than that at which such loss of time commenced including, without limitation, return to the queue position, berth or place occupied by the Vessel when she went off-Hire); provided, however, that any service given or (if applicable) distance made good by the Vessel whilst off-Hire shall be taken into account in assessing the amount to be deducted from Hire and has regained further provided that in the event that as a point result of progress equivalent any time spent off-Hire the Vessel misses a convoy to that when the hire ceased hereunder: transit a canal or area, all time lost shall count as off-Hire. The cost of fuel all fuels, LNG Heel or vapour lost or consumed while the Vessel is off hire hereunderoff-Hire, as well as all port charges, pilotagespilotage, and other expenses incurred by the Vessel during such period and or consequent upon to the putting in to into any port or place other than that to which the Vessel is bound, shall be borne by the Owners; but should Owner. Should the Vessel be driven into any port or to anchorage by stress of weather or Hire shall continue to be due and payable during any time lost thereby.
(b) Owner shall be entitled to an allowance, such allowance not to be included as periods of off-Hire of ***** hours per annum (“Off-Hire Allowance”) counted from the Hire Commencement Date until the first anniversary thereof and thereafter for each twelve (12) month period beginning on account of accident to her cargo due to the negligence each anniversary of the Charterers such loss of time , Hire Commencement Date. The Off-Hire Allowance shall be for Charterers’ account. Vessel shall provide Charterers with written notice applied in each such twelve (12) month period against the first ***** hours when the Vessel goes back on hireis off-Hire under this Clause 18. If upon Notwithstanding the voyage foregoing, the speed of Off-Hire Allowance may not be cumulated from year to year and may only be used in the Vessel be reduced or her fuel consumption increased by breakdown, casualty, or inefficiency of master, officers, or crew, so as to cause a delay of more than twenty-four hours period in arriving at the Vessel’s next port or an excess consumption of more than one day’s fuel, hire for the time lost and cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice or time spent in quarantine shall be for Charterers’ account. Any loss of time through detention by authorities as a result of proven charges of smuggling or of other infractions of law by the master, officers, or any of the members of the crew shall be for Owners’ accountwhich it accrues.
b. (c) If the Vessel fails to proceed at any Guaranteed Speed or fails to load, discharge or regasify at the guaranteed loading, discharge or regasification rates set out in Clause 22.2, and such failure arises wholly or partly from any of the causes set out in Clause 18.1(a) then, if the Vessel is unable to maintain a speed of at least ***** of the Guaranteed Speed or to load, discharge or regasify at a rate of ***** of the relevant guaranteed loading, discharge or regasification rates set out in Clause 22.2, Charterer shall have the right to place the Vessel off-Hire. If Charterer elects not to place the Vessel off-Hire and continues to use the Vessel, such failure shall result in a reduction in Hire pursuant to Clause 24, unless Charterers direct Vessel to perform at reduced speed, the period for which 23.2 and the Vessel shall will not be off-hire shall be the difference between the time the Vessel would have performed the service at such guaranteed speed and the time actually taken (including lost time). An example of this calculation is provided in Attachment I. If the periods of time lost for which hire does not cease to be payable Hire under the foregoing provisions of this Clause because each such period or delay is not of more than six (6) hours duration exceed in the aggregate seventy-two (72) hours in any Charter Party year (and pro-rata for part of a year18.1(c), hire shall not be payable for the excess and any hire overpaid by the Charterers shall be repaid by the Owners.
c. (d) In the event of loss of time by detention any tank of the Vessel by authorities at any place in consequence being unavailable for the carriage of legal proceeding against the Vessel or the Owners cargo for any reason not caused by the fault of Charterer, Charterer shall have the option of utilising or contributed not utilising the Vessel; provided, however, that Owner or Contractor shall have the right to Chartererseffect full repairs on the Vessel subject to the consent of Charterer, payment of Charter hire which consent shall cease for all time so lostnot be unreasonably withheld. Cost of fuel and water consumed as well as all additional port chargesIn the event Charterer nonetheless elects to utilise the Vessel, pilotages, and other expenses incurred Hire shall be reduced pro rata during the time so lost period such tank remains unavailable for the carriage of cargo. The amount of reduced Hire payable shall be borne calculated by multiplying the Daily Hire by the Ownersactual cargo capacity available divided by the Vessel’s maximum cargo capacity.
d. (e) Notwithstanding the other provisions of Clause 18.1, any time lost in gas-freeing to the standard required for entry into drydock for cleaning and painting the hull which would be off-Hire but for Owner exercising due diligence in such gas-freeing shall not be included in any calculation under Schedule II.
18.2 Calculation of time
(a) Time during which the Vessel is off-hire Hire under this Charter shall count as part of the Term. HoweverCharter Period, Charterers have the except where Charterer declares its option to extend the Term of the add off- Hire periods under Clause 3.5.
(b) All references to “time” in this Charter for all or any period of shall be references to local time the Vessel was off-hire by providing Owners with a minimum of ninety (90) days written notice prior to the end of the initial Term or any extended Term, if applicable. If or when Charterers give notice to Owners that they will extend the Term of the Charter for all or any period of time the Vessel was off-hire, the applicable rate of hire at the time the notice is given shall apply for the rate of hire during the extended periodexcept where otherwise stated.
Appears in 1 contract
