Common use of Piracy Clause in Contracts

Piracy. a) Subject to Clause 37(e) below, if the Vessel proceeds to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, Owners shall be entitled: i) to take reasonable preventive measures to protect the Vessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where security personnel or equipment are supplied by third party, private sector, or nongovernmental entities, such security personnel shall not be armed and such equipment shall be non-lethal), on or about the Vessel; ii) to follow any orders given by the flag state, any governmental or supra governmental organization; and iii) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners shall give Charterers reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival. b) Subject to sub Clause 37(e) below, *****. c) Subject to Clause 37(e), the Vessel shall remain on-hire for any time lost taking the measures referred to in sub Clause 37(a) of this Clause. d) Where, notwithstanding the taking of any of the measures referred to in sub Clause 37(a) above, and where not caused by a lack of due diligence on Owners’ part, and where Charterers have not purchased off-hire insurance pursuant to sub Clause 37(e) below, the Vessel is captured by pirates, hire shall be payable at 100% of the hire rate for the duration of any such capture. As is further set forth in sub Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates. e) Charterers shall have the option, where the Vessel is scheduled to transit to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, to require Owners to either (a) extend existing war risk insurance; or (b) purchase off-hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hire, the cost of which shall be reimbursed by Charterers, provided always that (i) the terms of cover and cost have been disclosed to, and agreed by, Charterers prior to the purchase of such insurance; and (ii) that following the exercise of such option, the Vessel shall be off-hire for any time lost as a result of an attack or capture by pirates. f) Charterers may elect, at any time, to pay any relevant insurances as described in sub Clause 37(e) directly. g) Boil-off losses during piracy shall be for Charterers’ account.

Piracy. a) Subject to Clause 37(e) below, if the Vessel proceeds to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, Owners shall be entitled: i) to take reasonable preventive measures to protect the Vessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where such security personnel or equipment are supplied is provided by third party, private sector, or nongovernmental entities, such security personnel shall not be armed sector and such equipment shall be non-lethal), governmental entities; on or about the Vessel; ii) to follow any orders given by the flag state, any governmental or supra governmental organization; and iii) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners shall give Charterers reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival. b) Subject to sub Clause 37(e) below, *****. c) Subject to Clause 37(e), the Vessel shall remain on-hire for any time lost taking the measures referred to in sub Clause 37(a) of this Clause. d) Where, notwithstanding the taking of any of the measures referred to in sub Clause 37(a) above, and where not caused by a lack of due diligence on Owners’ part, and where Charterers have not purchased off-hire insurance pursuant to sub Clause 37(e) below, the Vessel is captured by pirates, hire shall be payable at 100% of the hire rate for the duration of any such capture. As is further set forth in sub Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates. e) Charterers shall have the option, where the Vessel is scheduled to transit to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, to require Owners to either (a) extend existing war risk insurance; or (b) purchase off-hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hire, the cost of which shall be reimbursed by Charterers, provided always that (i) the terms of cover and cost have been disclosed to, and agreed by, Charterers prior to the purchase of such insurance; and (ii) that following the exercise of such option, the Vessel shall be off-hire for any time lost as a result of an attack or capture by pirates. f) Charterers may elect, at any time, to pay any relevant insurances as described in sub Clause 37(e) directly. g) Boil-off losses during piracy shall be for Charterers’ account.

Piracy. (a) Subject to Clause 37(e) below, if If the Vessel proceeds to or through an area in which there is a current risk of piracy, piracy verified by a competent international authority Owner shall at all times adhere to the International Group latest version of P&I ClubsBest Management Practices (“BMP”) (including with respect to routing), Owners and Owner shall be entitled: (i) to take reasonable preventive preventative measures to protect the Vessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where security personnel or equipment are supplied by third party, private sector, or nongovernmental entities, such security personnel shall not be armed and such equipment shall be non-lethal), on or about the Vessel; (ii) to follow any orders given by the flag state, any governmental or supra governmental organization; and (iii) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners Owner shall give Charterers Charterer reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival. (b) Subject to sub Clause 37(e49(e), Charterer shall pay Owner’s reasonable, documented costs and expenses arising out of actual or threatened acts of piracy or any preventive or other measures taken by Owner pursuant to Clause 49(a)(i) belowin respect of any additional hull and machinery, *****or, if applicable, war risks insurance premiums or additional, reasonable and contractual crew costs. (c) Subject to Clause 37(e), the The Vessel shall remain on-on hire for any time lost taking the measures referred to in sub Clause 37(a) of this Clause49(a). (d) Where, notwithstanding the taking of any of the measures referred to in sub Clause 37(a) above49(a), and where not caused by a lack of due diligence on Owners’ Owner’s part, and where Charterers have Charterer has not purchased off-exercised the option to require Owner to purchase off hire insurance pursuant to sub Clause 37(e49(e) below, the Vessel is captured by pirates, hire Hire shall be payable at one hundred percent (100% %) of the hire rate for the duration of any such capture. As is further set forth in sub Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates. (e) Charterers Charterer shall have the option, where the Vessel is scheduled to transit to the Gulf of Aden or through an area in which there is a current risk other areas of piracy, verified by the International Group of P&I Clubsknown piracy risk, to require Owners Owner to either either: (ai) extend existing war risk insurance; or or (bii) purchase off-off hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hireHire, the cost of which shall be reimbursed by CharterersCharterer to Owner, provided always that that: (iiii) the extension to existing war risk insurance or the off hire insurance is obtainable on normal commercial terms and Owner obtains from its insurers a waiver of any subrogated rights against Charterer in respect of any claims by Owner under the foregoing insurances arising out of compliance with Charterer’s orders; (iv) the terms of cover and cost have been disclosed to, and agreed to by, Charterers Charterer prior to the purchase of such insurance; and and (iiv) that following the exercise of such option, the Vessel shall be off-hire off hire, and Hire shall not be payable by Charterer, for any time lost as a result of an attack or a capture by pirates. (f) Charterers may electThe safety and protection of the Vessel and her crew is Owners’s obligation and it is for Owner to determine the level of threat and the measures considered appropriate to discharge that obligation. If Owner deploys government-supplied military armed guards or private armed guards, at then it is an express condition of this Time Charter Party that Owners will, on a voyage-by-voyage basis: (i) give Charterer advance notice of such intended deployment as soon as reasonably practicable but not less than five (5) days before such deployment and throughout such voyage, Owners will adhere to the response submitted in the vessel security questionnaire; (ii) confirm in advance of deployment that such deployment has been notified to Owner’s P&I and war risks underwriters without objection (and provide evidence, satisfactory to Charterers, of Owner’s exchanges with underwriters); (iii) ensure in advance of, and throughout, any timedeployment that such deployment complies with all flag state requirements, laws of the flag state, and any other applicable laws; and (iv) continue to pay any relevant insurances as described in sub Clause 37(e) directlyadhere to the latest BMP. (g) BoilAll reasonable costs and expenses directly associated with the deployment of government-off losses during piracy supplied military armed guards and/or private armed guards and/or unarmed guards shall be for Charterers’ accountpaid by Owner and reimbursed by Charterer and subject always to Owner supplying documentary evidence of such total costs. Save as aforesaid, Owner will indemnify and hold Charterer harmless against all claims, liabilities, costs and expenses of whatsoever nature which arise directly in connection with the deployment of government-supplied military armed guards and/or private armed guards and/or unarmed guards.

Piracy. a) Subject to Sub-Clause 37(e) below, if (1): TCP date 15th September 2015 If the Vessel vessel proceeds to or through an area in which there is a current risk of piracy, verified by a competent international authority, Owners will at all times adhere to the International Group latest version of P&I ClubsBest Management Practices (including with respect to routing) (“BMP”), and Owners shall be entitled: i(a) to take reasonable preventive preventative measures to protect the Vesselvessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where security personnel or equipment are supplied by third party, private sector, or nongovernmental entities, such security personnel shall not be armed and such equipment shall be non-lethal), on or about the Vessel; ii(b) to follow any orders given by the flag state, any governmental or supra governmental organization; and iii(c) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners shall give Charterers reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival. b) . Sub-Clause (2): Subject to sub sub-Clause 37(e(5) below, *****. cCharterers shall pay Owners’ reasonable, documented costs and expenses in respect of any additional hull and machinery, or, if applicable, war risks and other directly relevant insurance premiums, and/or additional, reasonable and contractual, crew costs arising out of actual or threatened acts of piracy or any preventive or other measures taken by Owners pursuant to Sub-Clause l(a) Subject to of this Clause. Sub-Clause 37(e), the Vessel (3): The vessel shall remain on-hire for any time lost taking the measures referred to in sub Sub-Clause 37(a) 1 of this Clause. d) . Sub-Clause (4): Where, notwithstanding the taking of any of the measures referred to in sub sub-Clause 37(a) 1 above, and where not unless Charterers can demonstrate that it was caused by a lack of due diligence on Owners’ part, and where Charterers have not purchased exercised the option to require Owners to purchase off-hire insurance pursuant to sub sub-Clause 37(e(5) below, the Vessel vessel is captured by pirates, hire shall be payable at 100% of the hire rate for the duration of any such capture. As is further set forth in sub Sub-Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates. e) (5): Charterers shall have the option, where the Vessel vessel is scheduled to transit to the Gulf of Aden, or through an area in which there is a current risk other areas of piracy, verified by the International Group of P&I Clubsknown piracy risk, to require Owners to either either: (a) extend existing war risk insurance; or TCP date 15th September 2015 (b) purchase off-hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hire, the cost of which shall be reimbursed by Charterers, provided always that that: (i) Owners obtain from their insurers a waiver of any subrogated rights against Charterers in respect of any claims by Owners under the foregoing insurances arising out of compliance with Charterers’ orders; (ii) the terms of cover and cost have been disclosed to, and agreed by, Charterers prior to the purchase of such insurance; and and (iiiii) that following the exercise of such option, the Vessel vessel shall be go off-hire for any time lost as a result of an attack or a capture by pirates.. The vessel shall return on-hire in case the off-hire insurance expires and the vessel is still captured. Sub-Clause (6): The safety and protection of crew and vessel is Owners’ obligation and it is for Owners to determine the level of threat and the measures considered appropriate to discharge that obligation. If Owners deploy government-supplied Military Armed Guards or Private Armed Guards, then it is an express condition of this charter that Owners will, on a voyage-by-voyage basis: f(a) give Charterers may electadvance notice of such intended deployment as soon as reasonably practicable but not less than five (5) days’ notice prior to such deployment and throughout such voyage, at Owners will adhere to the response submitted in the Vessel Security Questionnaire; (b) confirm in advance of deployment that such deployment has been notified to Owners’ P&I and War Risks underwriters without objection (with evidence, satisfactory to Charterers, of Owners’ exchanges with underwriters); (c) ensure in advance of, and throughout, any timedeployment that such deployment complies with all flag state requirements, laws of the flag state, and any other applicable laws; and (d) continue to pay any relevant insurances as described in sub adhere to the latest BMP. Sub-Clause 37(e) directly. g) Boil-off losses during piracy (7): All reasonable costs and expenses directly associated with the deployment of government--supplied Military Armed Guards and/or Private Armed Guards and/or unarmed guards shall be for Charterers’ account.100 percent Charterers cost, subject always to Owners supplying documentary evidence of such total costs. Owners will indemnify and hold Charterers harmless against all claims, liabilities, costs and expenses of whatsoever nature which arise directly in connection with the deployment of government-suppled Military Armed Guards and/or Private Armed Guards and/or unarmed Guards. TCP date 15th September 2015

Piracy. a) Subject to Sub-Clause 37(e) below, if (1): If the Vessel vessel proceeds to or through an area in which there is a current risk of piracy, verified by a competent international authority, Owners will at all times adhere to the International Group latest version of P&I ClubsBest Management Practices (including with respect to routing) (“BMP”), and Owners shall be entitled: i(a) to take reasonable preventive preventative measures to protect the Vesselvessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where security personnel or equipment are supplied by third party, private sector, or nongovernmental entities, such security personnel shall not be armed and such equipment shall be non-lethal), on or about the Vessel; ii(b) to follow any orders given by the flag state, any governmental or supra governmental organization; and iii(c) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners shall give Charterers reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival. b) . Sub--Clause (2): Subject to sub sub-Clause 37(e(5) below, *****. cCharterers shall pay owners’ reasonable, documented costs and expenses in respect of any additional hull and machinery, or, if applicable, war risks and other directly relevant insurance premiums, and/or additional, reasonable and contractual, crew costs arising out of actual or threatened acts of piracy or any preventive or other measures taken by Owners pursuant to Sub-Clause l(a) Subject to of this Clause. Sub-Clause 37(e), the Vessel (3): The vessel shall remain on-hire for any time lost taking the measures referred to in sub Sub-Clause 37(a) 1 of this Clause. d) . Sub-Clause (4): Where, notwithstanding the taking of any of the measures referred to in sub sub-Clause 37(a) 1 above, and where not unless Charterers can demonstrate that it was caused by a lack of due diligence on Owners’ ’’ part, and where Charterers have not purchased exercised the option to require Owners to purchase off-hire insurance pursuant to sub sub--Clause 37(e(5) below, the Vessel vessel is captured by pirates, hire shall be payable at 100% of the hire rate for the duration of any such capture. As is further set forth in sub Sub-Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates. e) (5): Charterers shall have the option, where the Vessel vessel is scheduled to transit to the Gulf of Aden, or through an area in which there is a current risk other areas of piracy, verified by the International Group of P&I Clubsknown piracy risk, to require Owners to either either: (a) extend existing war risk insurance; or or (b) purchase off-hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hire, the cost of which shall be reimbursed by Charterers, provided always that that: (i) Owners obtain from their insurers a waiver of any subrogated rights against Charterers in respect of any claims by Owners under the foregoing insurances arising out of compliance with Charterers’ orders; (ii) the terms of cover and cost have been disclosed to, and agreed by, Charterers prior to the purchase of such insuranceInsurance; and and (iiiii) that following the exercise of such option, the Vessel vessel shall be go off-hire for any time lost as a result of an attack or a capture by pirates.. The vessel shall return on-hire in case the off-hire insurance expires and the vessel is still captured. Sub-Clause (6): The safety and protection of crew and vessel is Owners’ obligation and it is for Owners to determine the level of threat and the measures considered appropriate to discharge that obligation. If Owners deploy government-supplied Military Armed Guards or Private Armed Guards, then it is an express condition of this charter that Owners will, on a voyage-by-voyage basis: f(a) give Charterers may electadvance notice of such intended deployment as soon as reasonably practicable but not less than five (5) days’ notice prior to such deployment and throughout such voyage, at Owners will adhere to the response submitted in the Vessel Security Questionnaire; (b) confirm in advance of deployment that such deployment has been notified to Owners’ P&I and War Risks underwriters without objection (with evidence, satisfactory to Charterers, of Owners’ exchanges with underwriters); (c) ensure in advance of, and throughout, any timedeployment that such deployment complies with all flag state requirements, laws of the flag state, and any other applicable laws; and (d) continue to pay any relevant insurances as described in sub adhere to the latest BMP. Sub-Clause 37(e) directly. g) Boil(7): All reasonable costs and expenses directly associated with the deployment of government-off losses during piracy supplied Military Armed Guards and/or Private Armed Guards and/or unarmed guards shall be for Charterers’ account100 percent Charterers cost, subject always to Owners supplying documentary evidence of such total costs. Owners will indemnify and hold Charterers harmless against all claims, liabilities, costs and expenses of whatsoever nature which arise directly in connection with the deployment of government-supplied Military Armed Guards and/or Private Armed Guards and/or unarmed Guards.