Common use of Safety and proper execution of Port Calls Clause in Contracts

Safety and proper execution of Port Calls. The Shipper shall be solely liable for the state, operating conditions and adaptation of its equipment at the Terminal. The Shipper shall be solely liable for the harmful consequences that may result from non-compliance with the above-mentioned conditions, in relation to the Operator and third parties, under the conditions provided for in Article 20 of the General Terms and Conditions. The Shipper shall undertake to take all necessary measures in order to ensure full and entire cooperation between the Captain, Port Authorities and Port Services in order to guarantee the safety and proper execution of any Port Call. It shall be responsible for the implementation of measures by the Ship Owner and the Captain to ensure the safety and efficiency of operations on board the Vessel and compliance by the Vessel, its officers and crew, with the GPMM's regulations, the Ship-Shore Safety Plan and the Maritime Safety Rules. The berthing equipment and means for crew access on board shall be made available to the Vessel by the Operator. They shall be used under the responsibility of the Shipper. The Vessel must not be prevented from unberthing. Vessel refuelling, maintenance or upkeep operations must be authorised beforehand by the Terminal and the Port Authorities. If the gas arm is not available, the Operator may require the Shipper to arrange for the Vessel to use its own means to perform Unloading without a gas arm. If the gas arm is not available for Reloading, the Operator and the Shipper shall consult each other to adapt the operational conditions of Reloading. Failing agreement between the Parties within a time frame enabling compliance with the Port Call Duration, the Operator may ask the Shipper that the Vessel uses its own resources to perform a Reloading without the gas arm, provided that (i) when the unavailability of the gas arm reduces the Reloading gas flow and (ii) this unavailability does not result from circumstances under Articles 16, 17 and 18, the flow taken into account for calculating the Port Call Duration shall be the average flow observed during the Reloading.

Safety and proper execution of Port Calls. The Shipper shall be solely liable for the state, operating conditions and adaptation of its equipment at the Terminal. The Shipper shall be solely liable for the harmful consequences that may result from non-compliance with the above-mentioned conditions, in relation to the Operator and third parties, under the conditions provided for in Article 20 16 of the General Terms and Conditions. The Shipper shall undertake to take all necessary measures in order to ensure full and entire cooperation between the Captain, Port Authorities and Port Services in order to guarantee the safety and proper execution of any Port Call. It shall be responsible for the implementation of measures by the Ship Owner and the Captain to ensure the safety and efficiency of operations on board the Vessel Small-Scale LNG Carrier and compliance by the VesselSmall-Scale LNG Carrier, its officers and crew, with the GPMM's regulations, the Ship-Shore Safety Plan and the Maritime Safety Rules. The berthing equipment and means for crew access on board shall be made available to the Vessel Small-Scale LNG Carrier by the Operator. They shall be used under the responsibility of the Shipper. The Vessel Small-Scale LNG Carrier must not be prevented from unberthing. Vessel Small-Scale LNG Carrier refuelling, maintenance or upkeep operations must be authorised beforehand by the Terminal and the Port Authorities. If the gas arm is not available, the Operator may require the Shipper to arrange for the Vessel Small-Scale LNG Carrier to use its own means to perform Unloading Loading without a gas arm. If the gas arm is not available for ReloadingLoading, the Operator and the Shipper shall consult each other to adapt the operational conditions of ReloadingLoading. Failing agreement between the Parties within a time frame enabling compliance with the Port Call Duration, the Operator may ask the Shipper that the Vessel Small-Scale LNG Carrier uses its own resources to perform a Reloading Loading without the gas arm, provided that (i) when the unavailability of the gas arm reduces the Reloading Loading gas flow and (ii) this unavailability does not result from circumstances under Articles 1613, 17 14 and 1815, the flow taken into account for calculating the Small-Scale LNG Carrier Port Call Duration shall be the average flow observed during the ReloadingLoading.