Oil Pollution. (a) Subject to the terms of this Charter, as between Owners and Charterers, in the event of an oil pollution incident involving any discharge or threat of discharge of oil, oily mixture, or oily residue from the Vessel (the “Pollution Incident”), Owners shall have sole responsibility for responding to the Pollution Incident as may be required of the vessel interests by applicable law or regulation.
(b) Without prejudice to the above, as between the parties it is hereby agreed that:
(i) Owners shall indemnify, defend and hold Charterers harmless in respect of any liability for criminal fine or civil penalty arising out of or in connection with a Pollution Incident, to the extent that such Pollution Incident results from a negligent act or omission, or breach of this Charter by Owners, their servants or agents;
(ii) Charterers shall indemnify, defend and hold Owners harmless in respect of any liability for criminal fine or civil penalty arising out of or in connection with a Pollution Incident, to the extent that such Pollution Incident results from a negligent act or omission, or breach of this Charter by Charterers, their servants or agents; provided always that if such fine or penalty has been imposed by reason wholly or partly of any fault of the party seeking the indemnity, the amount of the indemnity shall be limited accordingly and further provided that the law governing the Charter does not prohibit recovery of such fines.
(c) The rights of Owners and Charterers under this clause shall extend to and include an indemnity in respect of any reasonable legal costs and/or other expenses incurred by or awarded against them in respect of any proceedings instituted against them for the imposition of any fine or other penalty in circumstances set out in paragraph (b), irrespective of whether any fine or other penalty is actually imposed.
(d) Nothing in this Clause shall prejudice any right of recourse of either party, or any defences or right to limit liability under any applicable law.
(e) Owners warrants that the vessel will be able to trade to and from Canadian ports.
Oil Pollution. Owners guarantee to provide and maintain during the entire timecharter period at their expense and carry on board the vessel a valid U.S. Certificate of Financial Responsibility. Owners also guarantee to have secured current certificates for other countries/federal states or municipal or other division or authority thereof, where guarantees are required. All such certificates to be valid throughout the entire timecharter period. The Charterers shall in no case be liable for any damage as a result of the Owners’ failure to obtain the aforementioned certificates. Time lost by non-compliance to be considered as off-hire and may be deducted from hire and Owners hold Charterers harmless against any consequential losses, damages or expense.
Oil Pollution. The Mortgagor shall on behalf and for the benefit ------------- of itself and the Mortgagee (i) when required by law, maintain a Certificate of Financial Responsibility (Oil Pollution) issued by the United States Coast Guard pursuant to the Oil Pollution Act of 1990, as amended, and (ii) maintain such additional coverage for the Vessel in respect of oil pollution liability as may be customary among prudent owners of similar vessels from time to time.
Oil Pollution. Subject to the terms of this Charter, as between Owners and Charterers, in the event of an oil pollution incident involving any discharge or threat of discharge of oil, oily mixture, or oily residue from the Vessel (the “Pollution Incident”), Owners shall have sole responsibility for responding to the Pollution Incident as may be required of the vessel interests by applicable law or regulation.
Oil Pollution. The Harbour Operator shall: prepare and maintain an Oil Spill Contingency Plan for each of the Harbour Facilities to which the OPRC apply; provide an appropriate Tier 1 Response; ensure that where it observes or is made aware of any event involving a discharge of or possible discharge of oil or the presence of oil in the sea, the Harbour Operator shall report the event to HM Coastguard without delay; undertake all checks necessary to ensure every oil tanker over 150 gross tonnes and every ship over 400 gross tonnes carries a Shipboard Oil Pollution Emergency Plan on board the vessel.
Oil Pollution. 15.01 The tankship owner or its designee shall ascertain that all Tankships delivering or receiving Commodities at the Terminal are covered under TOVALOP or a mutually, acceptable substitute thereof. The tankship owner shall be a participant in CRISTAL or a mutually acceptable substitute thereof.
(a) If and when an escape or discharge of Commodities occurs from any tankship at or in the vicinity of the Terminal, and causes or threatens to cause pollution damage, Statia or such party as Statia may designate, at its option upon notice by Statia to the tankship Owner, the tankship Owner's agent and the Master of the tankship, undertake such measures as are reasonably necessary to prevent or mitigate such damage, unless the tankship Owner, its agent or the Master of the tankship promptly undertakes the same to the satisfaction of Statia and any governmental authorities having jurisdiction. Statia shall keep the User, its agent or the Master of the tankship advised of the nature and results of measures taken by it or its designee and, if time permits, the nature of measures intended to be taken. All of the measures actually taken by Statia or its designee shall be deemed taken on the authority of the tankship Owner, the tankship Owner's agent or the Master of the tankship, except to the extent that the initial escape or discharge was caused by Statia; provided, however, that if the tankship Owner, its agent or the Master of the tankship considers that such measures should be discontinued, and any governmental authorities having jurisdiction concur, the tankship Owner, its agent or the Master of the tankship shall so notify Statia, and therefore neither Statia nor its designee shall have any right to continue such measures under the provisions of these Regulations. The entire cost of any cleanup operation shall be borne by the tankship Owner.
(b) The tankship owner may not permit any tankship to discharge dirty ballast in or near the coastal waters of St.
Oil Pollution. Manager undertakes to familiarize itself with oil spill response plans for the Vessels and to provide assistance and coordination in the event of an oil spill. Manager agrees to participate in any oil spill drills involving the Vessels. Owner to provide a copy of oil spill response plans to Manager.
Oil Pollution. Buyer shall ensure that each vessel used for loading Maya under the Agreement (i) is owned by a member of the International Tanker Owners Pollution Federation Limited, (ii) is covered, without expense to Seller, by insurance protecting against any and all liabilities from pollution issued by an internationally recognized Protection and Indemnity Association in an amount not less than seven hundred million U.S. Dollars (U.S.$700,000,000), or such greater amount as may become available in the insurance market and generally obtained by prudent owners of similar vessels, and (iii) carries all certificates required by applicable laws for the carriage of petroleum and petroleum products in Mexican waters and in international ocean transportation and for conducting cargo operations at the Loading Ports, including, without limitation, as required under the Convention on Civil Liability for Oil Pollution Damage of 1969. Buyer shall further ensure that each vessel used for loading Maya is in full compliance with the requirements of the International Management Code for the Safe Operation of Ships and for Pollution Prevention. Seller may at its sole option place pollution control personnel on board Buyer's vessels to observe cargo loading and related operations. Seller's representative may render advice to Buyer, its representative or the Master (who shall be deemed to be acting on Buyer's behalf), and may assist them in the avoidance of any type of pollution; provided, however, that Buyer shall remain fully responsible for any action taken by it or on its behalf.
Oil Pollution. The Vessel shall be entered in a P&I club that is a member of the International Group of Protection and Indemnity Clubs, and the Vessel shall comply with any port, state or local rules regarding pollution or proof of financial responsibility therefore which may be applicable to the ports specified in Part I.
Oil Pollution. It is a condition of this Charter that Owners have in place cover for oil pollution of upto the maximum available through the International group of P&I Clubs (currently United States Dollars One Billion) and excess oil pollution cover available through either Owners’ P&I club and/or first class market underwriters so that total minimum coverage is never less than United States Dollars One Billion. If requested by Charterers, Owners shall immediately furnish to Charterers full and proper evidence of the coverage (minimum of United States Dollars One Billion).
