REDELIVERY CONDITIONS. (a) Redelivery conditions If the Vessel is to be redelivered pursuant to Clause 44 (Redelivery), in addition to what has been agreed in Clause 44 (Redelivery), the condition of the Vessel shall at redelivery be as follows: (i) the Vessel shall be free of any class conditions, recommendations and/or statutory breaches affecting the validity of its trading certificates; (ii) the Vessel must be redelivered with all equipment and spares or replacement items which were on board at the time of the delivery under the MOA (save for any spare part or spare equipment which has been consumed in the course of operating the Vessel) and transferred to the Owners pursuant to the MOA and the original log book and other technical documentation which may be in the Charterers’ possession shall promptly be forwarded to the Owners at the Charterers’ expense; (iii) the Vessel must be redelivered with all national and international trading certificates and hull/machinery survey positions for both class and statutory surveys free of any recommendation and qualifications valid and un-extended for a period of at least three (3) months beyond the redelivery date; (iv) the Vessel shall have passed any flag or class surveys or inspections due within three (3) months after the date of redelivery and have its continuous survey system up to date; (v) the Vessel shall be free and clear of all liens; and (vi) without prejudice to any of the foregoing, the Vessel shall be in the same or as good structure, state, condition and class as she was when she was delivered to the Charterers under this Charter on the Actual Delivery Date, fair wear and tear excepted.
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Samples: Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.), Memorandum of Agreement (Himalaya Shipping Ltd.)
REDELIVERY CONDITIONS. (a) Redelivery conditions If the Vessel is to be redelivered pursuant to Clause 44 (Redelivery), in In addition to what has been agreed in Clause 44 Clauses 15 (Redelivery) (Part II) and 42 (Redelivery), the condition of the Vessel shall at redelivery be as follows:
(i) the Vessel shall be free of any overdue class conditions, and statutory recommendations and/or statutory breaches affecting the validity of its trading certificates;
(ii) the Vessel must be redelivered with all equipment and spares or replacement items which were listed in the delivery inventory carried out pursuant to Clause 9 (Inventories, Oil and Stores) (Part II) and any spare parts on board or on order for any equipment installed on the Vessel following delivery (provided that any such items which are on lease or hire purchase shall be replaced with items of an equivalent standard and condition fair wear and tear excepted); all records, logs, plans, operating manuals and drawings, spare parts on board shall be included at the time of redelivery in connection with a transfer of the delivery under the MOA (save for any spare part Vessel or spare equipment which has been consumed such other items as are then in the course possession of operating the Vessel) and transferred Charterers shall be delivered to the Owners pursuant to the MOA and the original log book and other technical documentation which may be in the Charterers’ possession shall promptly be forwarded to the Owners at the Charterers’ expenseOwners;
(iii) the Vessel must be redelivered with all national and international trading certificates and hull/machinery survey positions for both class and statutory surveys free of any overdue recommendation and qualifications valid and un-extended for a period of at least three (3) months beyond the redelivery date;
(iv) all of the Vessel's ballast tank coatings to be maintained in "Fair" (as such term (or its equivalent) may be defined and/or interpreted in the relevant survey report) condition as appropriate for the Vessel's age at the time of redelivery, fair wear and tear excepted;
(v) the Vessel shall have passed any flag or class surveys or inspections due within three (3) months after the date of redelivery and have its continuous survey system up to date;
(vvi) the Vessel must be re-delivered with accommodation and common spaces for crew and officers substantially in the same condition as at the Actual Delivery Date, free of damage over and above fair wear and tear, clean and free of infestation and odours; with cargo spaces generally fit to carry the cargoes originally designed and intended for the Vessel; with main propulsion equipment, auxiliary equipment, cargo handling equipment, navigational equipment, etc., in such operating condition as provided for in this Charter;
(vii) the Vessel shall be free and clear of all liensliens (other than any Permitted Encumbrance);
(viii) the condition of the cargo holds to be in accordance with the maintenance regime undertaken by the Charterers during the Charter Period since delivery with allowance for legitimate cargoes carried since the last major maintenance programme;
(ix) at the costs and expenses of the Charterers, a final joint report from the surveyors appointed by the Owners and the Charterers respectively shall be carried out as to the condition of the Vessel and a list of agreed deficiencies if any shall be drawn up;
(x) the anti-fouling coating system applied at the last scheduled dry-docking shall be in accordance with prevailing regulations at the time of application;
(xi) the funnel markings and name (unless being maintained by the Owner following redelivery) shall be painted out by the Charterers; and
(vixii) without prejudice recently taken lube oil samples for all major machinery shall be made available within one (1) week of redelivery and results forwarded to any of Owners' technical management for review.
(b) At redelivery, the foregoing, Charterers shall ensure that the Vessel shall meet the following performance levels (which where relevant shall be determined by reference to the Vessel's log books):
(i) all equipment controlling the habitability of the accommodation and service areas to be in the same or as good structure, state, condition and class as she was when she was delivered to the Charterers under this Charter on the Actual Delivery Dateproper working order, fair wear and tear excepted; and
(ii) available deadweight to be within one per cent. (1.00%) of that achieved at delivery (as the same may be adjusted as a result of any upgrading of the Vessel carried out in accordance with this Charter (such adjustment to be agreed between the Owners and Charterers at the time such upgrading work is to be undertaken)).
(c) The Owners and Charterers shall each appoint (at the Charterers' cost and expense) surveyors for the purpose of determining and agreeing in writing the condition of the Vessel at redelivery.
(d) If the Vessel is not in the condition or does not meet the performance criteria required by this Clause 43, a list of deficiencies together with the costs of repairing/remedying such deficiencies shall be agreed by the respective surveyors.
(e) The Charterers shall be obliged to repair any class items restricting the operation or trading of the Vessel prior to redelivery.
(f) The Charterers shall be obliged to repair/remedy all such other deficiencies as are necessary to put the Vessel into the return condition required by this Clause 43.
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Samples: Memorandum of Agreement (Teekay LNG Partners L.P.), Memorandum of Agreement (Teekay LNG Partners L.P.)
REDELIVERY CONDITIONS. (a) Redelivery conditions If the Vessel is to be redelivered pursuant to Clause 44 (Redelivery), in In addition to what has been agreed in Clause 44 Clauses 15 (Redelivery) (Part II) and 42 (Redelivery), the condition of the Vessel shall at redelivery be as follows:
(i) the Vessel shall be free of any overdue class conditions, and statutory recommendations and/or statutory breaches affecting the validity of its trading certificates;
(ii) the Vessel must be redelivered with all equipment and spares or replacement items which were listed in the delivery inventory carried out pursuant to Clause 9 (Inventories, Oil and Stores) (Part II) and any spare parts on board or on order for any equipment installed on the Vessel following delivery (provided that any such items which are on lease or hire purchase shall be replaced with items of an equivalent standard and condition fair wear and tear excepted); all records, logs, plans, operating manuals and drawings, spare parts on board shall be included at the time of redelivery in connection with a transfer of the delivery under the MOA (save for any spare part Vessel or spare equipment which has been consumed such other items as are then in the course possession of operating the Vessel) and transferred Charterers shall be delivered to the Owners pursuant to the MOA and the original log book and other technical documentation which may be in the Charterers’ possession shall promptly be forwarded to the Owners at the Charterers’ expenseOwners;
(iii) the Vessel must be redelivered with all national and international trading certificates and hull/machinery survey positions for both class and statutory surveys free of any overdue recommendation and qualifications valid and un-extended for a period of at least three (3) months beyond the redelivery date;
(iv) all of the Vessel's ballast tank coatings to be maintained in "Fair" (as such term (or its equivalent) may be defined and/or interpreted in the relevant survey report) condition as appropriate for the Vessel's age at the time of redelivery, fair wear and tear excepted;
(v) the Vessel shall have passed any flag or class surveys or inspections due within three (3) months after the date of redelivery and have its continuous survey system up to date;
(vvi) the Vessel must be re-delivered with accommodation and common spaces for crew and officers substantially in the same condition as at the Actual Delivery Date, free of damage over and above fair wear and tear, clean and free of infestation and odours; with cargo spaces generally fit to carry the cargoes originally designed and intended for the Vessel; with main propulsion equipment, auxiliary equipment, cargo handling equipment, navigational equipment, etc., in such operating condition as provided for in this Charter;
(vii) the Vessel shall be free and clear of all liensliens (other than any Permitted Encumbrance);
(viii) the condition of the cargo holds to be in accordance with the maintenance regime undertaken by the Charterers during the Charter Period since delivery with allowance for legitimate cargoes carried since the last major maintenance programme;
(ix) at the costs and expenses of the Charterers, a final joint report from the surveyors appointed by the Owners and the Charterers respectively shall be carried out as to the condition of the Vessel and a list of agreed deficiencies if any shall be drawn up;
(x) the anti-fouling coating system applied at the last scheduled dry-docking shall be in accordance with prevailing regulations at the time of application;
(xi) the funnel markings and name (unless being maintained by the Owner following redelivery) shall be painted out by the Charterers; and
(vixii) without prejudice to any of the foregoing, the Vessel recently taken lube oil samples for all major machinery shall be in the same or as good structure, state, condition made available within one (1) week of redelivery and class as she was when she was delivered results forwarded to the Charterers under this Charter on the Actual Delivery Date, fair wear and tear exceptedOwners' technical management for review.
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