Common use of Total Loss Clause in Contracts

Total Loss. (a) If circumstances exist giving rise to a Total Loss, the Charterers shall promptly notify the Owners of the facts of such Total Loss. If the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereof, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. (a) If circumstances exist giving rise The Borrower shall immediately provide notice in writing to the Security Agent of the occurrence of a Total Loss, the Charterers shall promptly notify the Owners Loss of the facts Vessel as soon as becoming aware of such Total Loss. If . (b) Following the Charterers wish occurrence of a Total Loss of the Vessel (whether or not notified by the Borrower), the Borrower shall pay (or procure the payment) to proceed the Security Agent no later than the Total Loss Settlement Date the aggregate of: (i) the Loan computed as of the Total Loss Date; (ii) interest accrued on the basis Loan as of the Total Loss Date; (iii) all other amounts owed to the Finance Parties pursuant to the Finance Documents (including without limitation all amounts payable by the Borrower pursuant to Clause 9 (Broken Funding Indemnity)) as at the Total Loss Date; and (iv) any cost, expense, loss or liability suffered or properly incurred in connection with collecting the insurance proceeds or with determining whether any Total Loss has occurred in accordance with the terms of the Finance Documents; less any amounts received in connection with such Total Loss prior to the Total Loss Settlement Date by the Security Agent directly from the insurers pursuant to Clause 24.3 (Insurance Proceeds). (c) For the avoidance of doubt, all amounts referred to in this Clause 24.4 (Total Loss) if paid after the Total Loss Settlement Date shall bear interest at the Default Rate from the Total Loss Settlement Date until the date of actual payment. (d) Notwithstanding the occurrence of a Total Loss and advise until the Owners thereof, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations release of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances Security Documents in respect of the Vessel, regardless of as provided for below, or until the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss abandonment of the Vessel occurred pursuant to the definition insurers, the Borrower shall (in the case of a constructive, compromised, agreed or arranged Total Loss. (f) The Charterers shall continue to pay Hire on the days and remain in the amounts required under this Charter notwithstanding that exclusive possession of the Vessel and will assume all risks in connection therewith. In the event of the Vessel becoming a wreck or obstruction to navigation, the Borrower shall become indemnify each Finance Party against any duly evidenced costs, expenses, losses and liabilities suffered or properly incurred by such Finance Party as a Total Loss provided always that no further instalments consequence thereof, other than any such costs, expenses, losses or liabilities resulting from the gross negligence or wilful misconduct of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) abovesuch Finance Party.

Total Loss. (a) If circumstances exist giving rise to a Total Loss, In the Charterers shall promptly notify the Owners of the facts of such Total Loss. If the Charterers wish to proceed on the basis of event of: 10.1.1 a Total Loss and advise the Owners thereofoccurring prior to Delivery, the Owners obligation of the Lessor to lease the Haewene Brim Equipment to PPC shall agree to terminate on the Vessel being treated as Date of Total Loss; or 10.1.2 a Total Loss for all purposes occurring during the Lease Period, the Lease Period shall end on the Date of this Charter. The Owners Total Loss and the obligation of PPC to pay Rent (other than any Termination Payment) under clause 7 (Rent) becoming due on any Rent Payment Date which falls on or after the Date of Total Loss shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers cease; and claim a Total Loss. Without PPC shall (without prejudice to the obligations of PPC pursuant to any provision of this Agreement or the Charterers Lease Documents to pay to the Owners Lessor all monies then due or thereafter to sums which may become due under this Charterto the Lessor or be ascertained after the date of Total Loss) and, subject to the provisions of clause 23, pay to the Lessor, as compensation for the Lessor's full financial loss consequent upon such termination, the amounts set out below and on the dates prescribed below for those amounts (but subject always to its application both before and after the date on which such payment is made, to the provisions of the Financial Schedule): (a) if (during the Lease Period) on or after the Date of Total Loss but before the Settlement Date there falls a day which, if the Vessel leasing of the Haewene Brim Equipment had not terminated, would have been a Rent Payment Date, PPC shall on that Rent Payment Date pay to the Lessor an amount equal to the Rent which would have become a payable had the Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date.not occurred; and (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers PPC shall pay to the Owners Lessor an amount equal to the Early aggregate of: (i) the Termination Amount as at Payment calculated for the Settlement Date. The foregoing obligations ; (ii) all instalments of Rent (if any) which have become due prior to the Charterers under this paragraph (c) shall apply regardless Date of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable.remain unpaid; and (diii) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any all other sums amounts due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid from PPC to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred Lessor pursuant to the definition of Total Lossany Lease Document, including, without limitation, any Broken Funding Costs. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. (a) If circumstances exist giving rise In the event a container is lost, stolen, destroyed, or damaged beyond structural or economic repair so as to a be rendered incapable of return to CAI (an “Actual Total Loss”), Lessee shall give notice in writing to CAI of such Actual Total Loss specifying the Charterers container number and providing proof of loss satisfactory to CAI. CAI shall promptly notify thereupon issue an invoice to Lessee for the Owners Replacement Value (“RV”) (as set forth in Subsection 11c) of the facts Actual Total Loss container. Provided that payment of the RV is made to CAI within 30 days of the invoice date, daily rental charges will retroactively terminate on the date of CAI’s receipt of such Total Losswritten notice. If payment of the Charterers wish RV is not made within 30 days of the invoice date, daily rental charges shall continue to proceed on accrue until payment of the basis RV is received by CAT. Upon receipt of a such payment accompanied by an appropriate request by Lessee, title to the Actual Total Loss and advise container will be transferred to Lessee. Furthermore, provided that Lessee shall not be in default of any provisions of this Agreement, then CAI agrees to invoice the Owners thereof, the Owners shall agree to the Vessel being treated as a Actual Total Loss for all purposes of this Charter. The Owners shall thereupon abandon container at the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this CharterDepreciated Replacement Value (“DRY”), if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) belowSubsection 11c, in lieu of the RV. Any taxes, duties or charges which become payable by virtue of the transfer of title to Lessee shall be for Lessee’s account. (cb) On Provided that Lessee shall not be in default of any provisions of this Agreement, if Lessee has redelivered a container to CAI, and Lessee has received a damage estimate in accordance with Section 10, Lessee may, within the Settlement DateAuthorization Period, authorize repairs in accordance with the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations estimate or request that CAI supply details of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect DRV for such container. If CAI determines that the extent of the Vesseldamage so warrants (a “Constructive Total Loss”), regardless CAI will provide the DRV for such container, and Lessee shall have the option to pay either the estimated damages or the DRV. If Lessee elects the latter, Lessee shall give notice to CAI of its election to declare Constructive Total Loss within 7 calendar days of receipt of the amount payable thereunder, regardless details of the cause DRV and CAI will issue an invoice for the DRV of such Constructive Total Loss container. Provided that payment of the DRV is received by CAI within 30 days of the date of invoice therefor, daily rental charges shall terminate on the date of redelivery of the Constructive Total Loss and regardless of whether or container. If payment is not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts received as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such applicationaforesaid, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss. (f) The Charterers daily rental charges shall continue to pay Hire on accrue until payment is received by CAI. Unless otherwise elected by CAI, title to the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Constructive Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (container will remain with CAI. c) aboveIn calculating the DRV, the Replacement Value of US$ is depreciated down to a value not less than 50% of the Replacement Value. The depreciation is calculated on a straight line basis using a 15 year lifespan for the container with a 15% residual value.

Total Loss. In the event of: (a) If circumstances exist giving rise to a Total Loss, the Charterers shall promptly notify the Owners of the facts of such Total Loss. If the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereofoccurring prior to Delivery, the Owners shall agree obligation of the Lessor to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon lease the Vessel to the Charterers and/or execute such documents as may be required to enable Lessee shall terminate on the Charterers to abandon the Vessel to insurers and claim Date of Total Loss; or (b) a Total Loss. Without Loss occurring during the Lease Period, the Lease Period shall end on the Date of Total Loss and the obligation of the Lessee to pay Rent (other than any Termination Payment) under Clause 7 (Rent) becoming due on any Rent Payment Date which falls on or after the Date of Total Loss shall cease; and the Lessee shall (without prejudice to the obligations of the Charterers Lessee pursuant to any provision of this Agreement or the Relevant Lease Documents to pay to the Owners Lessor all monies then due or thereafter to sums which may become due under this Charterto the Lessor or be ascertained after the Date of Total Loss) pay to the Lessor, as compensation for the Lessor's full financial loss consequent upon such termination, the amounts set out below and on the dates prescribed below for those amounts (but subject always to its application both before and after the date on which such payment is made, to the provisions of the Financial Schedule): (i) if (during the Lease Period) on or after the Date of Total Loss but before the Settlement Date there falls a day which, if the leasing of the Vessel had not terminated, would have been a Rent Payment Date, the Lessee shall on that Rent Payment Date pay to the Lessor an amount equal to the Rent which would have become a payable had the Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date.not occurred; and (bii) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers Lessee shall pay to the Owners Lessor an amount equal to the Early aggregate of: (A) the Termination Amount as at Payment calculated for the Settlement Date. The foregoing obligations ; (B) all instalments of Rent (if any) which have become due prior to the Charterers under this paragraph (c) shall apply regardless Date of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable.remain unpaid; and (dC) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any all other sums amounts due and payable under from the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid Lessee to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred Lessor pursuant to the definition of Total Lossany Relevant Lease Document, including, without limitation, any Broken Funding Costs (less any Broken Funding Gains). (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. In the event of: (a) If circumstances exist giving rise to a Total Loss, the Charterers shall promptly notify the Owners of the facts of such Total Loss. If the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereofoccurring prior to Delivery, the Owners shall agree obligation of the Lessor to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon lease the Vessel to the Charterers and/or execute such documents as may be required to enable Lessee shall terminate on the Charterers to abandon the Vessel to insurers and claim Date of Total Loss; or (b) a Total Loss. Without Loss occurring during the Lease Period, the Lease Period shall end on the Date of Total Loss and the obligation of the Lessee to pay Rent (other than any Termination Payment) under Clause 7 (Rent) becoming due on any Rent Payment Date which falls on or after the Date of Total Loss shall cease; and the Lessee shall (without prejudice to the obligations of the Charterers Lessee pursuant to any provision of this Agreement or the Lease Documents to pay to the Owners Lessor all monies then due or thereafter to sums which may become due under this Charterto the Lessor or be ascertained after the date of Total Loss) pay to the Lessor, as compensation for the Lessor's full financial loss consequent upon such termination, the amounts set out below and on the dates prescribed below for those amounts (but subject always to its application both before and after the date on which such payment is made, to the provisions of the Financial Schedule): (i) if (during the Lease Period) on or after the Date of Total Loss but before the Settlement Date there falls a day which, if the leasing of the Vessel had not terminated, would have been a Rent Payment Date, the Lessee shall on that Rent Payment Date pay to the Lessor an amount equal to the Rent which would have become a payable had the Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date.not occurred; and (bii) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers Lessee shall pay to the Owners Lessor an amount equal to the Early aggregate of: (A) the Termination Amount as at Payment calculated for the Settlement Date. The foregoing obligations ; (B) all instalments of Rent (if any) which have become due prior to the Charterers under this paragraph (c) shall apply regardless Date of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable.remain unpaid; and (dC) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any all other sums amounts due and payable under from the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid Lessee to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred Lessor pursuant to the definition of Total Lossany Lease Document, including, without limitation, any Broken Funding Costs. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. If a Total Loss shall occur, the Borrower shall have the option, subject to the following conditions and provisions, to provide additional collateral for the Loan in lieu of prepaying the Loan in the amount of the insurance proceeds payable with respect to such Total Loss. In order for the Borrower to elect the option to provide such additional collateral, (aA) the additional collateral must consist of a vessel and/or equipment acceptable to all of the Lenders, (B) the Orderly Liquidation Value of such additional collateral, based upon a physical appraisal prepared by an appraiser acceptable to the Majority Lenders, must be equal to or higher than the Orderly Liquidation Value of the lost Vessel or Equipment, as shown on the most recent appraisal thereof prepared for the Agent, (C) all insurance proceeds payable with respect to the lost Vessel or Equipment shall be delivered to the Agent, as and when paid, to be held by the Agent as cash collateral for the Loan in a non-interest-bearing account, (D) such additional collateral shall be added to the lien of the Mortgages and the Security Agreement within one hundred eighty (180) days after the date of the occurrence of such Total Loss, (E) no Event of Default or event, which with the giving of notice, the passage of time, or both, would constitute an Event of Default, shall exist at the time such additional collateral is proposed to be added to, or on the date such additional collateral is added to, the lien of the Mortgages and the Security Agreement, (F) all costs associated with the addition of such collateral, including all costs of appraisal, documentation and filing, shall be borne by the Borrower and, to the extent any of such costs have been paid for by Agent or any Lender, such costs shall be reimbursed by the Borrower to the Agent and/or the Lenders on the date such additional collateral is added to the lien of the Mortgages and the Security Agreement, and (G) all of the representations and warranties set forth in Section 3.1 of this Agreement with respect to any collateral for the Loan shall be deemed made by the Borrower, with respect to such additional collateral, on the date the same is added to the lien of the Mortgages and the Security Agreement, and the Borrower shall issue its certificate to the Agent and the Lenders certifying as to such matters on such date. If circumstances exist insurance proceeds paid with respect to the Total Loss giving rise to a the addition of such collateral shall have been delivered to the Agent prior to the time additional collateral meeting the requirements of the preceding sentence has been added to the lien of the Mortgages and the Security Agreement, the Agent shall pay over such insurance proceeds to or at the direction of the Borrower upon addition of such collateral to the lien of the Mortgages and the Security Agreement. If insurance proceeds paid with respect to such Total Loss shall have been delivered to the Agent, and the Borrower has not provided satisfactory replacement collateral meeting the requirements of the second sentence of this Section 1.6(a)(i)(2) within one hundred eighty (180) days after the date of the occurrence of such Total Loss, the Charterers Agent shall promptly notify apply such insurance proceeds as a prepayment on the Owners Loan. If neither additional collateral meeting the requirements of the facts second sentence of this Section 1.6(a)(i)(2) nor insurance proceeds paid with respect to such Total Loss have been received by the Agent by the date that is one hundred eighty (180) days after the date of such Total Loss. If , the Charterers wish to proceed Borrower, on such date, shall make a prepayment on the basis Loan in the amount necessary to restore the ratio of a Total Loss Collateral Value to the outstanding principal amount of the Loan to not less than 1.25 to 1, and advise shall pay accrued interest thereon to the Owners thereofdate of such prepayment together with any other amount due hereunder or under any Loan Document; provided, however, that notwithstanding such prepayment, the Owners Borrower shall agree remain obligated to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end make an additional prepayment on the Settlement Date. Loan, within one (b1) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations Business Day after receipt of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidenceinsurance proceeds, in the reasonable opinion amount, if any, by which the amount of the Owners, as insurance proceeds payable with respect to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a such Total Loss provided always that no further instalments exceeds the amount of Hire shall become due and payable after such prepayment made by the Charterers have made the payment required by paragraph (c) aboveBorrower described in this sentence.

Total Loss. If the Goods are beyond repair or are lost stolen seized or confiscated or comprise a total loss or a constructive or agreed total loss the Lessee shall immediately inform the Lessor whereupon at the discretion of the Lessor, either: 10.3.1 the Lessor may within such time as it may find to be reasonably practicable replace the Goods with comparable equipment, re-charging to the Lessee any first loss deductions that may have been charged by its insurer. If the Lessor seeks to exercise its rights to provide such comparable equipment then: (a) If circumstances exist giving rise the Lessor shall be under no obligation to a Total Loss, do so until such reasonable time after the Charterers shall promptly notify Lessor has been reimbursed for its loss by the Owners proceeds of any insurance in respect thereof and insofar as the proceeds of such insurance in respect of the facts total loss of such Total Loss. If the Charterers wish to proceed on Goods is less than the basis of a Total Loss replacement cost thereof and advise the Owners thereof, the Owners Lessee shall agree have paid to the Vessel being treated Lessor such sum as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel is equal to the Charterers and/or execute such documents as may be required deficiency (which the Lessee hereby undertakes to enable do); and (b) all the Charterers to abandon rights of the Vessel to insurers Lessor (including rights of rent in respect of the Goods) and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to Lessee shall continue. Or: 10.3.2 upon demand the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers Lessee shall pay to the Owners an amount Lessor within seven days or such longer time as the Lessor shall specify such sum as is equal to the Early Termination Amount as at sum which would have been payable to the Settlement DateLessor had the loss or damage to the Goods constituted an Event of Default set out in Article 13 hereof. The foregoing obligations Upon payment of the Charterers under this paragraph said sum due from the Lessee the leasing of the Goods shall cease and determine but until such payment by the Lessee all the rights of the Lessor (c) shall apply regardless including rights of whether or not any moneys are payable under any Insurances rent in respect of the Vessel, regardless Goods) and the obligations of the Lessee shall continue. On receipt of the proceeds of any insurance maintained by the Lessor in respect of the Goods the Lessor shall reimburse to the Lessee such proceeds provided that the sum due from the Lessee hereunder has been duly paid and that the amount payable thereunder, regardless to the Lessee does not exceed the lower of (i) the replacement value of the cause Goods net of the Total Loss and regardless of whether or not any of the said compensation shall become payable.first loss deductions and (dii) All Total Loss Proceeds shall be paid to the Termination Sum in respect of such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hireGoods. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. (a) If circumstances exist giving rise Destruction or Damage If, prior to a Total LossDelivery, the Charterers shall promptly notify the Owners of the facts of such Total Loss. If the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereof***, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due any Aircraft is lost, destroyed or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the OwnersSeller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this ***. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date on which consistent with the constructive total loss Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the Vessel occurred pursuant replacement aircraft; provided, however, that if the Scheduled Delivery Month is ***: (i) the Buyer notifies the Seller ***; and (ii) the parties execute an amendment to this Agreement recording the definition change in the Scheduled Delivery Month. Nothing herein will require the Seller to manufacture and deliver a replacement aircraft if such manufacture would require the reactivation of Total Lossits production line for the model or series of aircraft that includes the Aircraft. CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA9-11 10.5 Termination Rights Exclusive ***, such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft and undelivered material, services, data or other items applicable thereto and to be furnished under the Agreement. (f) The Charterers shall continue to pay Hire on the days 10.6 Remedies THIS CLAUSE 10 SETS FORTH THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER FOR DELAYS IN DELIVERY OR FAILURE TO DELIVER, OTHER THAN SUCH DELAYS AS ARE COVERED BY CLAUSE 11, AND THE BUYER HEREBY WAIVES ALL RIGHTS TO WHICH IT WOULD OTHERWISE BE ENTITLED IN RESPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS TO INCIDENTAL AND CONSEQUENTIAL DAMAGES OR SPECIFIC PERFORMANCE. THE BUYER WILL NOT BE ENTITLED TO CLAIM THE REMEDIES AND RECEIVE THE BENEFITS PROVIDED IN THIS CLAUSE 10 WHERE THE DELAY REFERRED TO IN THIS CLAUSE 10 IS CAUSED BY THE NEGLIGENCE OR FAULT OF THE BUYER OR ITS REPRESENTATIVES. UNQUOTE CT1706024 – Amended and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA9-12 6. CLAUSE 11 –

Total Loss. (a) If circumstances exist giving rise to Upon the occurrence of a Total Loss, Lessee shall give prompt notice thereof to Lessor and by written notice to Lessor given within 30 days after the Charterers shall promptly notify the Owners of the facts occurrence of such Total Loss. If the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereof, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as Lessee may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations elect one of the Charterers following two (2) options (failure by Lessee to make such election within 30 days being deemed to be an election of alternative (i)): (i) pay to Lessor on a Rent Payment Date occurring no more than 60 days after the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause date of the Total Loss and regardless of whether or not any (a) the Basic Rent then due plus (b) the Termination Value of the said compensation Item or Items of Equipment with respect to which the Total Loss has occurred, plus (c) any Supplemental Rent and other sums then due hereunder and under the other Operative Documents with respect to such Equipment (less any insurance proceeds or condemnation award actually paid to Lessor). Upon making such payment, this Lease and the obligation to make future Rent payments shall terminate solely with respect to such Item or Items of Equipment and (to the extent applicable) Lessee shall become payable.entitled to all the Items of Equipment with respect to which such Total Loss occurred and the right to receive any future insurance premiums or condemnation award in respect thereof as is where is without warranty, express or implied except as to the absence of Lessor's Liens, and Lessor shall deliver to Lessee a bill of sale transferring and assigning to Lessee without recoxxxx or warranty (except as to the absence of Lessor's Liens) all of Lessor's right, title and interest in and to such Item or Items of Equipment; or (dii) All So long as no Default shall have occurred and be continuing, Lessee may, at its own cost and expense, including all reasonable and documented costs and expenses of Lessor, with the consent of Lessor, in its sole and absolute discretion, replace any Item or Items of Equipment which may from time to time suffer a Total Loss Proceeds with replacement equipment. Such replacement shall occur within 120 days of the notice referred to in this Section 12(b) and such replacement Equipment shall be paid to such account or accounts as free and clear of all Liens (other than Permitted Liens of the Owners may direct type described in clauses (a) and (b) of the definition thereof) and shall be applied towards of the same or a more recent date of manufacture and in at least as good operating condition and have a Fair Market Value, residual value, utility and remaining life at least equal to the Item or Items of Equipment being replaced, assuming such replaced Equipment was in the condition and repair required by the terms of this Lease and such replacement shall not cause the Equipment to be "limited use property" within the meaning of Revenue Procedure 2001-28, 2001-19 I.R.B. 1156. Prior to the time of any replacement of Equipment pursuant to this Section 12(b), Lessee will at its sole cost and expense, including all reasonable and documented costs and expenses of Lessor: (A) furnish Lessor with a Bill of Sale with respect to such replacement Equipment; (B) cauxx xn amendment to the Equipment Schedule covering such replacement Equipment to be delivered; (C) furnish Lessor with evidence of compliance with the insurance provisions of Section 11 hereof with respect to such replacement Equipment; (D) furnish Lessor with a certificate of an equipment appraiser satisfactory to Lessor certifying that such replacement Equipment has a residual value, utility and remaining life at least equal to that of the Equipment replaced, assuming such replaced Equipment was in the condition required by this Lease; (E) take such other action, including the filing of UCC financing statements as Lessor may reasonably request, in order that such replacement Equipment is duly and properly titled in Lessor and leased under this Lease; Upon satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such applicationconditions specified in this Section 12(b)(ii), such surplus shall be paid Lessor will transfer to the Charterers by way of rebate hire. Lessee without recourse or warranty (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, except as to the date on which the constructive total loss absence of the Vessel occurred pursuant Lessor's Liens) all of Lessor's right, title and interest in and to the definition Item or Items of Total LossEquipment replaced. No such replacement shall result in any change in Basic Rent, Termination Value, or Purchase Option Price hereunder. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.

Total Loss. (a) If circumstances exist giving rise to Upon the occurrence of a Total Loss, during the Charterers Term of this Lease, Lessee shall promptly notify give prompt notice thereof to Lessor and by written notice to Lessor given within 60 days after the Owners of the facts occurrence of such Total Loss. If , Lessee may elect one of the Charterers wish following two (2) options (failure by Lessee to proceed make such election within 60 days being deemed to be an election of alternative (i)): (i) pay to Lessor on the basis of a Total Loss and advise next Rent Payment Date for such Equipment occurring at least 90 days after the Owners thereof, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations of the Charterers under this paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause date of the Total Loss and regardless of whether or not any the Basic Rent then due plus the Stipulated Loss Value of the said compensation shall become payable. (d) All item or items of the Equipment with respect to which the Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount has occurred and any other sums then due hereunder with respect to that Equipment (less any insurance proceeds or condemnation award actually paid to Lessor). Upon making such payment, this Lease and payable under the Transaction Documents. To obligation to make future Rent payments shall terminate solely with respect to the Equipment or items thereof so paid for and (to the extent that there applicable) Lessee shall become entitled to such Equipment and the right to receive any future insurance premiums or condemnation award in respect thereof as is any surplus after such applicationwhere is without warranty, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, express or implied except as to the date on which the constructive total loss absence of the Vessel occurred pursuant Lessor’s Liens, and Lessor shall deliver to Lessee a xxxx of sale transferring and assigning to Lessee without recourse or warranty (except as to the definition absence of Total Loss.Lessor’s Liens) all of Lessor’s right, title and interest in and to such Equipment; or (fii) The Charterers shall continue Lessee may at its own cost and expense, including all reasonable and documented costs and expenses of Lessor, replace any item of Equipment which may from time to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become time suffer a Total Loss provided always that no further instalments or otherwise become worn out, inoperable or technologically obsolete for Lessee’s purposes with a replacement item of Hire equipment. All such replacement Equipment shall become due be free and payable after clear of all Liens (other than Permitted Liens) and shall be of the Charterers same or a more recent date of manufacture and in at least as good operating condition and have made a value, utility and remaining useful life at least equal to the payment Equipment being replaced, assuming such replaced Equipment was in the condition and repair required by paragraph the terms of this Lease. Prior to the time of any replacement of an item of Equipment pursuant to this Section 12(b), Lessee will at its sole cost and expense, including all reasonable and documented costs and expenses of Lessor: (cA) abovefurnish Lessor with a Xxxx of Sale with respect to such replacement Equipment; (B) cause an Equipment Schedule amendment covering such replacement Equipment to be duly executed and delivered; (C) furnish Lessor with such evidence of compliance with the insurance provisions of Section 11 hereof with respect to such replacement Equipment as Lessor may request; (D) furnish Lessor with a certificate of an officer of Lessee certifying that such replacement Equipment has a value, utility and useful life at least equal to that of the Equipment replaced, assuming such replaced Equipment was in the condition required by this Lease; and (E) file UCC financing statements with respect to such replacement Equipment; and (F) take such other action as Lessor may reasonably request, in order that such replacement Equipment is duly and properly titled in Lessor and leased under this Lease. Upon satisfaction of the conditions specified in this Section 12(b)(ii), Lessor will transfer to Lessee without recourse or warranty (except as to the absence of Lessor’s Liens) all of Lessor’s right, title and interest in and to the replaced Equipment. Each replacement item of Equipment shall, after such conveyance, be deemed part of the property leased under this Lease. No such replacement shall result in any change in Basic Rent or Stipulated Loss Value hereunder.

Total Loss. (a) If circumstances exist giving rise to a Total Loss, the Charterers shall promptly notify the Owners of the facts of such Total Loss. Airframe 15.2.1 If the Charterers wish to proceed on the basis of Airframe suffers a Total Loss at any time prior to Delivery, this Agreement will immediately terminate and advise neither party will have any further obligations hereunder except as expressly stated and save for accrued rights, obligations and claims and any obligations expressed to survive the Owners thereoftermination of this Agreement provided that the Lessor shall, the Owners shall agree within five (5) Business Days, repay to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners Lessee an amount equal to the Early Termination Amount as at the Settlement Date. The foregoing obligations balance of the Charterers under this Security Deposit paid by the Lessee. 15.2.2 If the Airframe suffers a Total Loss at any time after Delivery: (a) the Lessee will pay the Agreed Value to the Loss Payee on the Total Loss Payment Date together with any unpaid Rent calculated up to and including that date (except in circumstances where the Total Loss arises as a result of the operation of paragraph (c) shall apply regardless of whether or not any moneys are payable under any Insurances in respect of the Vessel, regardless of the amount payable thereunder, regardless of the cause of the Total Loss and regardless of whether or not any of the said compensation shall become payable. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss.Loss and on or prior to the Total Loss Payment Date, the Lessee recovers full possession of the Aircraft, in which case no Total Loss shall be deemed to have occurred); (fb) The Charterers shall the Lessee will continue to pay Hire on perform those of its obligations that remain capable of performance (including, for the days avoidance of doubt, the payment of Rent) up to and in including the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph Payment Date; and (c) above.subject to the rights of any insurers, reinsurers or other third party, upon irrevocable payment in full of the Agreed Value to the Loss Payee and all other amounts which may be payable by the Lessee under this Agreement, the Lessor will transfer (or procure that the Owner transfers) all of its rights, title and interest in and to the Aircraft (including each Engine) to the Lessee or its nominee and will return to the Lessee any surplus proceeds of hull insurance in respect of such Total Loss received by the Lessor over and above the amount of such Agreed Value (to the extent not applied to another payment obligation of the Lessee). Ownership will be transferred on an "as-is, where-is" basis without any recourse or warranty except that there are no Lessor Liens and that the Lessor will execute or cause to be executed and delivered such bills of sale and other documents and instruments as the Lessee may reasonably request to evidence (on the public record or otherwise) the transfer and the vesting of the Owner’s rights, title and interest in and to the Aircraft in the Lessee, free and clear of all rights of the Owner and any Lessor Liens. The Lessee shall indemnify the Lessor and the Owner for all fees and expenses properly incurred and Taxes incurred by the Lessor or the Owner resulting from their compliance with this Sub-Clause 15.2.2(c). – 43 – Aircraft MSN 38891

Total Loss. (a) If circumstances exist giving rise to a Total Loss, In the Charterers shall promptly notify event that any Vessel becomes an actual or agreed or constructive total loss within the Owners terms of the facts Builder’s Risks Insurance required in accordance with Article 10.1(c), Owner, in its sole discretion, may elect within thirty (30) Working Days after the Vessel is determined to be an actual or agreed or constructive total loss, either: (i) to have Builder commence construction of a new Vessel for Owner pursuant to the terms and conditions of this Agreement, at a new mutually agreed Delivery Date, Contract Price and Interim Installment Payment Schedule, in which event the insurance proceeds shall be paid to Owner, or PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED, MARKED WITH “[*]” AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (ii) to terminate this Agreement, as to the total loss Vessel, upon the happening of which Owner shall be relieved of any further obligation to Builder under this Agreement relating to that Vessel (except that the Owner shall pay to the Builder for any Work performed and Materials supplied by the Builder up to the date of such Total Loss. If ), and Owner shall be entitled to receive and shall be paid directly from the Charterers wish to proceed on the basis of a Total Loss and advise the Owners thereof, the Owners shall agree to the Vessel being treated as a Total Loss for all purposes of this Charter. The Owners shall thereupon abandon the Vessel to the Charterers and/or execute such documents as may be required to enable the Charterers to abandon the Vessel to insurers and claim a Total Loss. Without prejudice to the obligations of the Charterers to pay to the Owners all monies then due or thereafter to become due under this Charter, if the Vessel shall become a Total Loss during the Charter Period, the Charter Period shall end on the Settlement Date. (b) If the Vessel becomes a Total Loss during the Charter Period, the Charterers shall, on the Settlement Date, pay to the Owners the amount calculated in accordance with paragraph (c) below. (c) On the Settlement Date, the Charterers shall pay to the Owners builder’s risk insurer an amount equal to the Early Termination Amount as at total of: A. all payments relating to the Settlement Date. The foregoing obligations Vessel previously made to Builder by or on behalf of Owner, plus B. the Charterers under this paragraph (c) shall apply regardless total costs of whether or not any moneys are payable under any Insurances in respect of the Owner Furnished Items relating to that Vessel, regardless of including installation. Collectively, A and B above, the amount payable thereunder, regardless of the cause of the “Total Loss and regardless of whether or not any of the said compensation shall become payableAmount. (d) All Total Loss Proceeds shall be paid to such account or accounts as the Owners may direct and shall be applied towards satisfaction of the Early Termination Amount and any other sums due and payable under the Transaction Documents. To the extent that there is any surplus after such application, such surplus shall be paid to the Charterers by way of rebate hire. (e) The Charterers shall, at the Owners' request, provide satisfactory evidence, in the reasonable opinion of the Owners, as to the date on which the constructive total loss of the Vessel occurred pursuant to the definition of Total Loss. (f) The Charterers shall continue to pay Hire on the days and in the amounts required under this Charter notwithstanding that the Vessel shall become a Total Loss provided always that no further instalments of Hire shall become due and payable after the Charterers have made the payment required by paragraph (c) above.”