Common use of Underwater Cleaning / Waiting at Anchorage Clause in Contracts

Underwater Cleaning / Waiting at Anchorage. (a) Charterers may request Owners at any time to arrange for the cleaning afloat of the Vessel’s underwater hull and propeller whereupon Owners shall arrange for the said cleaning to take place provided that: (i) the Vessel is free of cargo but may be under vapour if permitted by the port authority and; (ii) in Owners’ opinion such cleaning will not damage in any way the Vessel’s underwater hull coatings and the cleaning method is approved by the coating manufacturer, and; (iii) such cleaning afloat can be carried out safely at a place approved by Owners and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (c) If Charterers order the Vessel to wait at anchorage or in lay up for more than 20 days on any one occasion or more than 60 days comprising periods of not less than 5 days each in any period of 6 months, and, if as a result of such waiting or lay up Owners have good reason to believe that the performance of the Vessel or her fuel consumption is affected and speed and/or fuel warranties can no longer be met because of fouling then Owners shall so state by written notice to Charterers and if Charterers request, shall carry out an underwater inspection at Charterers’ expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) If as a result of the aforesaid inspection, Owners consider that there is evidence of such fouling then if Charterers so request, Owners shall arrange and carry out cleaning afloat of the Vessel’s underwater hull and propeller provided that the provisions of Article 11 (a)(i), (ii) and (iii) apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (f) If any inspection pursuant to Article 11 (c) reveals the presence of hull or propeller fouling, or if Charterers decline to request an inspection following receipt of a notice from Owners under Article 11 (c), then from the time Owners give written notice that performance is affected by fouling, Owners shall be deemed to have complied with the speed and fuel warranties until the completion of the next periodic dry-docking or successful cleaning, whichever occurs sooner.

Underwater Cleaning / Waiting at Anchorage. (a) Charterers may request Owners at any time to arrange for the cleaning afloat of the Vessel’s underwater hull and propeller whereupon Owners shall arrange for the said cleaning to take place provided that: (i) the Vessel is free of cargo but may be under vapour if permitted by the port authority and; (ii) in Owners’ opinion such cleaning will not damage in any way the Vessel’s underwater hull coatings and the cleaning method is approved by the coating manufacturer, and; (iii) such cleaning afloat can be carried out safely at a place approved by Owners and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (c) If Charterers order the Vessel to wait at anchorage or in lay up for more than 20 days on any one occasion or more than 60 days comprising periods of not less than 5 days each in any period of 6 months, and, if as a result of such waiting or lay up Owners have good reason to believe that the performance of the Vessel or her fuel consumption is affected and speed and/or fuel warranties can no longer be met because of fouling then Owners shall so state by written notice to Charterers and if Charterers request, shall carry out an underwater inspection at Charterers’ expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) If as a result of the aforesaid inspection, Owners consider that there is evidence of such fouling then if Charterers so request, Owners shall arrange and carry out cleaning afloat of the Vessel’s underwater hull and propeller provided that the provisions of Article 11 (a)(i11(a)(i), (ii) and (iii) apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (f) If any inspection pursuant to Article 11 (c) reveals the presence of hull or propeller fouling, or if Charterers decline to request an inspection following receipt of a notice from Owners under Article 11 (c), then from the time Owners give written notice that performance is affected by fouling, Owners shall be deemed to have complied with the speed and fuel warranties until the completion of the next periodic dry-docking or successful cleaning, whichever occurs sooner.

Underwater Cleaning / Waiting at Anchorage. (a) Charterers Charterer may request Owners at any time request Owner to procure that Contractor shall, pursuant to the Operation and Services Agreement, arrange for the cleaning afloat of the Vessel’s underwater hull and propeller propeller, whereupon Owners Owner shall procure that Contractor shall arrange for the said such cleaning to take place place, provided that: (i) the Vessel is free of cargo but may be under vapour if permitted by the port authority authority; and; (ii) in Owners’ opinion Owner’s or Contractor’s opinion, such cleaning will not damage in any way the Vessel’s underwater hull coatings and the cleaning method is approved by the coating manufacturer, coatings; and; (iii) such cleaning afloat can be carried out safely at a place approved by Owners Owner or Contractor and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a11(a) shall be for Charterers’ Charterer’s account and the Vessel shall remain on hire Hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofoulingclean, a successful cleaning shall be deemed to have occurred. (c) If Charterers order Charterer orders the Vessel to stay alongside at Charterer’s Facility, to wait at anchorage or in lay up for more than 20 days on any one occasion or more than 60 days comprising periods of not less than 5 days each in any period of 6 months, ***** and, if as a result of such service, waiting or lay up Owners have Owner has good reason to believe that the performance of the Vessel or her fuel consumption is will be affected and speed and/or fuel warranties can no longer be met because of fouling fouling, then Owners Owner shall so state by written notice to Charterers and Charterer and, if Charterers requestCharterer requests, Owner shall carry out an underwater inspection at Charterers’ Charterer’s expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) If as a result of the aforesaid inspection, Owners consider Owner considers that there is evidence of such fouling fouling, then if Charterers Charterer so requestrequests, Owners Owner shall arrange and carry out cleaning afloat of the Vessel’s underwater hull and propeller provided that the provisions of Article 11 (a)(i11(a)(i), (ii) and (iii) apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d11(d) shall be for Charterers’ Charterer’s account and the Vessel shall remain on hire Hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofoulingclean, a successful cleaning shall be deemed to have occurred. (f) If any inspection pursuant to Article 11 (c11(c) reveals the presence of hull or propeller fouling, or if Charterers decline Charterer declines to request an inspection following receipt of a notice from Owners Owner under Article 11 (c11(c), then from the time Owners give Owner gives written notice that performance is affected by fouling, Owners Owner shall be deemed to have complied with the speed and fuel warranties until the completion of the next periodic dry-docking Scheduled Drydocking or successful cleaning, whichever occurs sooner.

Underwater Cleaning / Waiting at Anchorage. (a) Charterers 59.1 On reasonable request by PREP A, EE shall provide PREP A with information in respect of the Vessel's underwater hull and propeller and recommendations as to cleaning and PREPA may request Owners EE at any time to arrange for the cleaning afloat of the Vessel’s 's underwater hull and propeller whereupon Owners EE shall arrange for the said cleaning to take place provided that: (ia) the Vessel is free of cargo but may be under vapour if permitted by the port authority Port Authority; and; (iib) in Owners’ EE's opinion such cleaning will not damage in any way the Vessel’s 's underwater hull coatings and the cleaning method is approved by the coating manufacturer, coatings; and; (iiic) such cleaning afloat can be carried out safely at a place approved by Owners EE and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s Vessel hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) 59.2 The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a) shall be for Charterers’ PREP A's account and the Vessel shall remain on hire On Hire for their the duration. If the underwater survey shows that both the Vessel’s 's underwater hull and propeller are substantially free from macroscopic and microscopic biofoulingclean, a successful cleaning shall be deemed to have occurred. (c) 59.3 If Charterers order PREP A orders the Vessel to wait at anchorage or in lay up or at berth for more than 20 twenty (20) days on any one occasion or more than 60 days comprising periods of not less than 5 days each in any period of 6 months, and, if as a result of such waiting or lay up Owners have EE has good reason to believe that the performance of the Vessel or her fuel consumption is affected and speed and/or fuel warranties can no longer be met because of fouling then Owners EE shall so state by written notice to Charterers PREP A and if Charterers requestPREP A so requests, EE shall arrange and carry out an underwater inspection at Charterers’ PREP A's expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) 59.4 If as a result of the aforesaid inspectioninspections, Owners consider EE considers that there is evidence of such fouling then if Charterers PREP A so requestrequests, Owners EE shall arrange and carry out cleaning afloat of the Vessel’s 's underwater hull and propeller provided that the provisions of Article 11 Clause 59.l(a) to (a)(i), (iic) and (iii) shall apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (f) 59.5 If any inspection pursuant to Article 11 (c) Clause 59.3 reveals the presence of hull or propeller fouling, or if Charterers decline PREP A declines to request an inspection following receipt of a notice from Owners EE under Article 11 (c)Clause 59 .3, then from the time Owners give EE gives written notice that performance is affected by fouling, Owners EE shall be deemed to have complied with the speed and fuel warranties until the completion of the next periodic dry-docking or successful cleaning, whichever occurs sooner.

Underwater Cleaning / Waiting at Anchorage. (a) Charterers may request Owners at any time to arrange for the cleaning afloat of the Vessel’s underwater hull and propeller whereupon Owners shall arrange for the said cleaning to take place provided that: (i) the Vessel is free of cargo but may be under vapour if permitted by the port authority and; (ii) in Owners’ opinion such cleaning will not damage in any way the Vessel’s underwater hull coatings and the cleaning method is approved by the coating manufacturer, and; (iii) such cleaning afloat can be carried out safely at a place approved by Owners and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a11(a) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (c) If Charterers order the Vessel to wait at anchorage or in lay up for more than 20 days on any one occasion or more than 60 days comprising periods of not less than 5 days each in any period of 6 months, and, if as a result of such waiting or lay up Owners have good reason to believe that the performance of the Vessel or her fuel consumption is affected and speed and/or fuel warranties can no longer be met because of fouling then Owners shall so state by written notice to Charterers and if Charterers request, shall carry out an underwater inspection at Charterers’ expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) If as a result of the aforesaid inspection, Owners consider that there is evidence of such fouling then if Charterers so request, Owners shall arrange and carry out cleaning afloat of the Vessel’s underwater hull and propeller provided that the provisions of Article 11 (a)(i), (ii) and (iii) apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d11(d) shall be for Charterers’ account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofouling, a successful cleaning shall be deemed to have occurred. (f) If any inspection pursuant to Article 11 (c11(c) reveals the presence of hull or propeller fouling, or if Charterers decline to request an inspection following receipt of a notice from Owners under Article 11 (c11(c), then from the time Owners give written notice that performance is affected by fouling, Owners shall be deemed to have complied with the speed and fuel warranties until the completion of the next periodic dry-docking or successful cleaning, whichever occurs sooner.

Underwater Cleaning / Waiting at Anchorage. (a) Charterers Charterer may request Owners Owner at any time to arrange for the cleaning afloat of the Vessel’s underwater hull and propeller whereupon Owners propeller. Owner shall arrange for the said cleaning to take place provided that: (i) the Vessel is free of cargo but may be under vapour if permitted by the port authority andauthority; (ii) in Owners’ Owner’s opinion such cleaning will not damage in any way the Vessel’s underwater hull coatings and the cleaning method is approved by the coating manufacturer, coatings; and; (iii) such cleaning afloat can be carried out safely at a place approved by Owners Owner and where the water is sufficiently clear for an underwater survey to be made of cleanliness of the Vessel’s hull and propeller immediately thereafter. The Vessel shall be considered clean when the hull is substantially free from macroscopic and microscopic biofouling. (iv) Charterers may request Owners to perform underwater cleaning to be carried out when the vessel is fully loaded to enable access to entire underwater area. Owners and Charterers shall agree whether this procedure can be safely carried out. (b) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (a11(a) shall be for Charterers’ Charterer’s account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofoulingclean, a successful cleaning shall be deemed to have occurred. (c) If Charterers order Charterer orders the Vessel to wait at anchorage or in lay up for more than 20 twenty (20) days on any one occasion or more than 60 eighty (80) days comprising periods of not less than 5 twenty (20) days each in any period of 6 monthsthree hundred and sixty five (365) days, and, if as a result of such waiting or lay up Owners have Owner has good reason to believe that the performance of the Vessel or her fuel Fuel consumption is affected and speed and/or fuel Fuel warranties can no longer be met because of fouling then Owners Owner shall so state by written notice to Charterers Charterer and if Charterers requestCharterer requests, shall carry out an underwater inspection at Charterers’ Charterer’s expense to see if there is fouling of the hull and/or propeller. To prevent hull fouling from marine growth during charter period, wherever practically possible, Charterers are required to steam the Vessel for a period of 24 hours, every 7 days after anchoring, at a speed between 14 and 15 knots. (d) If as a result of the aforesaid inspection, Owners consider Owner considers that there is evidence of such fouling then then, if Charterers Charterer so requestrequests, Owners Owner shall arrange and carry out cleaning afloat of the Vessel’s underwater hull and propeller provided that the provisions of Article 11 (a)(i), (ii) and (iii11(a) apply. (e) The cost of such underwater hull and propeller cleaning and underwater survey referred to in Article 11 (d11(d) shall be for Charterers’ Charterer’s account and the Vessel shall remain on hire for their duration. If the underwater survey shows that both the Vessel’s underwater hull and propeller are substantially free from macroscopic and microscopic biofoulingclean, a successful cleaning shall be deemed to have occurred. (f) If any inspection pursuant to Article 11 (c11(c) reveals the presence of hull or propeller fouling, or if Charterers decline Charterer declines to request an inspection following receipt of a notice from Owners Owner under Article 11 (c11(c), then from the time Owners give Owner gives written notice that performance is affected by fouling, Owners fouling Owner shall be deemed to have complied with the speed and fuel Fuel warranties until the completion of the next periodic dry-docking drydocking or successful cleaning, whichever occurs sooner.