Common use of Provisions as to Security, Maritime Lien and Right to Arrest Clause in Contracts

Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 The Contractors shall immediately after the termination of the services or sooner notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 Where a claim is made or may be made for special compensation the owners of the vessel shall on the demand of the Contractors whenever made provide security for the Contractors claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 or in United States Dollars if no such alternative currency has been agreed. 4.4 The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 Unless otherwise agreed such security shall be provided (i) to the Council (ii) in a form approved by the Council and (iii) by persons firms or corporations either acceptable to the Contractors or resident in the United Kingdom and acceptable to the Council. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) be removed from the place to which it has been taken by the Contractors under clause A. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage the Contractors maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 The Contractors shall not arrest or detain the property salved unless:

Appears in 2 contracts

Samples: Salvage Agreement, Lloyd’s Standard Form of Salvage Agreement

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Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 The Contractors shall immediately after the termination of the services or sooner notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 Where a claim is made or may be made for special compensation the owners of the vessel shall on the demand of the Contractors whenever made provide security for the Contractors Contractors’ claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 or in United States Dollars if no such alternative currency has been agreed. 4.4 The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 Unless otherwise agreed such security shall be provided (i) to the Council (ii) in a form approved by the Council and (iii) by persons person firms or corporations either acceptable to the Contractors Council or resident in the United Kingdom and acceptable to the CouncilContractors. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) be removed from the place to which it has been taken by the Contractors under clause A. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage the Contractors Contractors' maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 The Contractors shall not arrest or detain the property salved unless: (i) security is not provided within 21 days after the date of the termination of the services or (ii) they have reason to believe that the removal of the property salved is contemplated contrary to clause 4.8. or (iii) any attempt is made to remove the property salved contrary to clause 4.8.

Appears in 2 contracts

Samples: Salvage Agreement, Salvage Agreement

Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 4.1. The Contractors shall immediately after the termination of the services or sooner notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 4.2. Where a claim is made or may be made for special compensation the owners of the vessel shall on the demand of the Contractors whenever made provide security for the Contractors claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 4.3. The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 or in United States Dollars if no such alternative currency has been agreed. 4.4 4.4. The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 4.5. Unless otherwise agreed such security shall be provided (i) to the Council (ii) in a form approved by the Council and (iii) by persons firms or corporations either acceptable to the Contractors or resident in the United Kingdom and acceptable to the Council. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 4.6. The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 4.7. Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 4.8. Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) be removed from the place to which it has been taken by the Contractors under clause clause A. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage the Contractors maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 4.9. The Contractors shall not arrest or detain the property salved unless: (i) security is not provided within 21 days after the date of the termination of the services or (ii) they have reason to believe that the removal of the property salved is contemplated contrary to clause 4.8. or (iii) any attempt is made to remove the property salved contrary to clause 4.8.

Appears in 2 contracts

Samples: Salvage Agreement, Salvage Agreement

Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 The Contractors shall immediately after the termination of the services or sooner notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 Where a claim is made or may be made for special compensation the owners of the vessel shall on the demand of the Contractors whenever made provide security for the Contractors Contractors’ claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 or in United States Dollars if no such alternative currency has been agreed. 4.4 The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 Unless otherwise agreed such security shall be provided (i) to the Council (ii) in a form approved by the Council and (iii) (iii) by persons personsperson firms or corporations either eitheracceptable to the Council or acceptable to the Contractors or resident in the United Kingdom and acceptable to the Council. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) be removed from the place to which it has been taken by the Contractors under clause A. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage the Contractors Contractors' maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 The Contractors shall not arrest or detain the property salved unless: (i) security is not provided within 21 days after the date of the termination of the services or (ii) they have reason to believe that the removal of the property salved is contemplated contrary to clause 4.8. or (iii) any attempt is made to remove the property salved contrary to clause 4.8.

Appears in 2 contracts

Samples: Salvage Agreement, Salvage Agreement

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Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 The Contractors shall immediately after the termination of the services or sooner notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 Where a claim is made or may be made for special compensation the owners of the vessel shall on the demand of the Contractors whenever made provide security for the Contractors Contractors’ claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 or in United States Dollars if no such alternative currency has been agreed. 4.4 The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 Unless otherwise agreed such security shall be provided (i) to the Council (ii) in a form approved by the Council and (iii) by persons firms or corporations either acceptable to the Contractors or resident in the United Kingdom and acceptable to the Council. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) be removed from the place to which it has been taken by the Contractors under clause A. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage the Contractors Contractors' maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 The Contractors shall not arrest or detain the property salved unless: (i) security is not provided within 21 days after the date of the termination of the services or (ii) they have reason to believe that the removal of the property salved is contemplated contrary to clause 4.8. or (iii) any attempt is made to remove the property salved contrary to clause 4.8.

Appears in 1 contract

Samples: Salvage Agreement

Provisions as to Security, Maritime Lien and Right to Arrest. 4.1 The Contractors shall shall, immediately after the termination of the services or sooner sooner, notify the Council and where practicable the Owners of the amount for which they demand salvage security (inclusive of costs expenses and interest) from each of the respective Owners. 4.2 Where a claim is made or may be made for special compensation compensation, the owners of the vessel shall shall, on the demand of the Contractors whenever made made, provide security for the Contractors Contractors’ claim for special compensation provided always that such demand is made within 2 years of the date of termination of the services. 4.3 The security referred to in clauses 4.1. and 4.2. above shall be demanded and provided in the currency specified in Box 4 of the Agreement or in United States Dollars if no such alternative currency has been agreed. 4.4 The amount of any such security shall be reasonable in the light of the knowledge available to the Contractors at the time when the demand is made and any further facts which come to the Contractors’ attention before security is provided. The arbitrator appointed under clause 5 hereof may, at any stage of the proceedings, order that the amount of security be reduced or increased as the case may be. 4.5 Unless otherwise agreed such security shall be provided provided: (i) to the Council Council, (ii) in a form approved by the Council and and (iii) by persons person firms or corporations either acceptable to the Contractors Council or resident in the United Kingdom and acceptable to the CouncilContractors. The Council shall not be responsible for the sufficiency (whether in amount or otherwise) of any security which shall be provided nor the default or insolvency of any person firm or corporation providing the same. 4.6 The owners of the vessel including their servants and agents shall use their best endeavours to ensure that none of the property salved is released until security has been provided in respect of that property in accordance with clause 4.5. 4.7 Until security has been provided as aforesaid the Contractors shall have a maritime lien on the property salved for their remuneration. 4.8 Until security has been provided the property salved shall not without the consent in writing of the Contractors (which shall not be unreasonably withheld) ), be removed from the place to which it has been taken by the Contractors under clause A. A of the Agreement. Where such consent is given by the Contractors on condition that they are provided with temporary security pending completion of the voyage voyage, the Contractors Contractors' maritime lien on the property salved shall remain in force to the extent necessary to enable the Contractors to compel the provision of security in accordance with clause 4.5. 4.9 The Contractors shall not arrest or detain the property salved unless: (i) security is not provided within 21 days after the date of the termination of the services or (ii) they have reason to believe that the removal of the property salved is contemplated contrary to clause 4.8. or (iii) any attempt is made to remove the property salved contrary to clause 4.8.

Appears in 1 contract

Samples: Lloyd's Standard Form of Salvage Agreement

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