Presentation of the Inter Sample Clauses

Presentation of the Inter club Agreement The Inter-Club New York Produce Exchange Agreement1 is an agreement entered into by the shipowners’ and the charterers’ P/I-Clubs2 regarding the apportionment of liability for cargo claims arising under the New York Produce Exchange form of charterparty. The New York Produce Charter Party was introduced in 1946 and was subsequently replaced by the Asbatime Charter party of 1981 which subsequently has been replaced with the NYPE 93 of 1993. The first ICA was entered into 1970 and has been amended and rewritten twice in 1984 and 1996. The current one in use is the ICA 1996.3 In practice the ICA has two major fields of use. First of all the P&I clubs, the particular liability insurers of the shipowners’ and charterers’, agreed to use the ICA as method for settling liability claims between shipowners and time charterers. Secondly the ICA can be used as a part of a charterparty if it is incorporated directly into the charterparty with an ICA-clause. Such a clause makes the Inter-Club Agreement a component of the charterparty, and owner and charterer become contractually bound by the ICA, which will make the Inter-Club Agreement applicable to the parties even if they aren’t members to any P&I-Club.4 The ICA appears to have become a kind of standard in the trade, since it is now often expressly incorporated into charterparties in the NYPE form, as well as into other time charter forms.5 However, when the Agreement was drafted it was not designed for incorporation into charterparties, not even Produce6, so therefore various problems have arisen in practice. In fact, it was, in the first place, intended for the clubs only as a method to achieve settlements between the shipowners’ and the charterers’ P&I Clubs. It is also possible to incorporate NYPE Inter-club agreement into other types of time charter parties with the same result as above.7 1 It is abbreviated “Inter-Club Agreement” or “ICA” 2 See further regarding the P&I Clubs in 2.2. 3 The ICA 84 is still in use in some charterparties by agreement. 4 Xxxxxxx, Xxxxxxxx; Time Charter, p.251, both with reference to the “The Ion” [1980] 2 Xxxxx’x Rep. 245, 3rd ed. 5 Where the Agreement is expressly incorporated into a charterparty it becomes a contractual term binding on owners and charterers, and has to be read in conjunction with the other terms of the contract. 6 Produce is short for the New York Produce Exchange charter party.
Sample 1
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Related to Presentation of the Inter

  • ORAL PRESENTATIONS/INTERVIEWS In connection with any SOW RFP, Contractor and proposed employees, independent contractors or agents of Contractor may be required to make an oral presentation to State or Agency representatives. Significant representations made by a Contractor during the oral presentation shall be submitted in writing. All material representations acceptable to the State shall be incorporated in any applicable SOW Agreement. The Agency will notify Contractor of the time and place of oral presentations.

  • PRESENTATION OF CLAIMS Presentation and processing of any or all claims arising out of or related to this Agreement shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Xxxx County Code, which by this reference is incorporated herein.

  • Representations of the District The District represents, covenants and warrants to the Developer as follows:

  • REPRESENTATIONS OF THE OWNER The Owner represents, unless otherwise specified in writing, to be unaware of the following:

  • Representations of the Developer The Developer represents, covenants and warrants to the District as follows:

  • Representations and Warranties of the Issuer The Issuer represents and warrants that:

  • Representations and Warranties of the Investor The Investor hereby represents and warrants to the Company that:

  • REPRESENTATIONS AND WARRANTIES OF ANNUAL CONFERENCE The Annual Conference represents and warrants to the Local Church as of the date hereof and the Disaffiliation Date as follows:

  • Representations of the Parties Each party hereto hereby further represents and warrants to the other that: (i) it is registered as an investment adviser under the Advisers Act and is registered or licensed as an investment adviser under the laws of all jurisdictions in which its activities require it to be so registered or licensed; and (ii) it will use its reasonable best efforts to maintain each such registration or license in effect at all times during the term of this Agreement; and (iii) it will promptly notify the other if it ceases to be so registered, if its registration is suspended for any reason, or if it is notified by any regulatory organization or court of competent jurisdiction that it should show cause why its registration should not be suspended or terminated; and (iv) it is duly authorized to enter into this Agreement and to perform its obligations hereunder. The Sub-Adviser further represents that it has adopted a written Code of Ethics in compliance with Rule 17j-1(b) of the ICA. The Sub-Adviser shall be subject to such Code of Ethics and shall not be subject to any other Code of Ethics, including the Investment Manager's Code of Ethics, unless specifically adopted by the Sub-Adviser. The Investment Manager further represents and warrants to the Sub-Adviser that (i) the appointment of the Sub-Adviser by the Investment Manager has been duly authorized and (ii) it has acted and will continue to act in connection with the transactions contemplated hereby, and the transactions contemplated hereby are, in conformity with the ICA, the Company's governing documents and other applicable law.

  • No Representations as to Offering Materials or Condition of Property Potential Investor understands and acknowledges that neither Owner, HFF nor any Owner/HFF Related Party makes any representation or warranty as to the accuracy or completeness of the Offering Materials or the condition of the Property in any manner. The Potential Investor further understands and acknowledges that the information used in the preparation of the Offering Materials was furnished by Owner and has not been independently verified by HFF, and is not guaranteed as to completeness or accuracy. Potential Investor agrees that neither Owner, HFF, nor any Owner/HFF Related Party shall have any liability for any reason to the Potential Investor or any of its representatives or Related Parties resulting from the use of the Offering Materials by any person in connection with the sale of, or other investments by Potential Investor in the Property whether or not consummated for any reason. Neither Owner, HFF nor any Owner/HFF Related Party is under any obligation to notify or provide any further information to Potential Investor or any Related Party if either Owner or HFF becomes aware of any inaccuracy, incompleteness or change in the Offering Materials. The undersigned acknowledges that neither Owner, HFF nor any Owner/HFF Related Party, has made any representation or warranty as to the accuracy or completeness of the Offering Materials, or the suitability of the information contained therein for any purpose whatever, and any representation or warranty in connection therewith is hereby expressly excluded. The Offering Materials provided to the undersigned are subject to, among other things, correction of errors and omissions, additions or deletion of terms, and withdrawal upon notice. The undersigned agrees that neither Owner, HFF, nor any Owner/HFF Related Party shall have any liability to Potential Investor and/or any Related Party resulting from the delivery to, or use by the undersigned of the Offering Materials or otherwise with respect thereto. Potential Investor and Related Parties shall rely only their own due diligence and investigation of the Property, including but not limited to any financial, title, environmental, physical, tenant or any other matters.

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