1
10.11.3
Item 30 Operations
PACIFIC HORIZON -
CHARTER
2
January, 1981.
IT IS THIS DAY AGREED between X. XXXX AND SON LIMITED of Xx. Xxxxxxx Xxxx Xxxx
XX0 0XX (hereinafter called "Owners") being disponent owners of the good motor
vessel called "Subsea 1" (hereinafter called "the Vessel") described as per
clause 1 hereof and HORIZON EXPLORATION LIMITED of Xxxxxxx Xxxxx, Xxxxxx Xxxxx,
Xxxxxxx, Xxxx XX0 0XX (hereinafter called "Charterers")
1. DESCRIPTION AND PERFORMANCE OF VESSEL:
Owners guarantee that at the date of delivery of the Vessel under this charter
(a) She shall be classed with Lloyds Class 100 + A1.
(b) She shall be in every way fitted for burning diesel oil in main
motors.
(c) She shall be of the description set out in appendix "A" attached
hereto and signed by Owners and Owners undertake to use their best
endeavours so to maintain the Vessel during the period of her service
hereunder. In the event of any conflict between the particulars set
out in the aforesaid appendix "A" and any provision of this charter
such latter provision shall prevail
2. CONDITION OF VESSEL:
Owners shall, before and at the date of delivery of the Vessel under this
charter, exercise due diligence to make the Vessel in every way fit for service
in accordance with clause 3 hereof in all weather working conditions with her
machinery equipment and hull in such a state as to obtain the most economic
working and with a full and efficient complement of master officers and crew.
Owners undertake that throughout the period of service under this charter they
will, whenever the passage of time, wear and tear or any event requires steps
to be taken to maintain the Vessel as stipulated in clause 1 hereof and in this
clause or to restore the Vessel to such condition, exercise due diligence to
maintain or restore the Vessel as aforesaid
3. PERIOD, PURPOSE AND TRADING LIMITS:
Owners agree to let and the Charterers agree to hire the Vessel for a period of
7 years commencing from the date of delivery of the Vessel, for the purpose of
all lawful activities associated with offshore geophysical survey operations as
Charterers shall direct.
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Charterers shall not send the Vessel beyond the limits of the Near Continental
Trading Area as defined in the Second Schedule to the Merchant Shipping
(Certification of Marine Engineer Officers) Regulations 1971 and 1980 without
Owners' consent but such consent shall not be unreasonably withheld provided
Charterers agree to the rate of hire being increased from the date the Vessel
leaves such area to take account of the anticipated increased operational costs
consequent upon the Vessel trading outside such area. The Vessel shall be
loaded and unloaded safely afloat in any dock or at any wharf or place or
anchorage within such area (or outside such area with Owners' consent)
according to the custom of the port or place as Charterers may direct.
PROVIDED THAT
(a) The Vessel shall not be ordered to nor bound to enter without Owners'
written permission
(i) Any place where fever or epidemics are prevalent or to which
the master officers and crew by law are not bound to follow
the Vessel
(ii) Any ice-bound place or any place where lightships marks and
buoys are or are likely to be withdrawn by reason of ice on
the Vessel's arrival or where there is risk that ordinarily
the Vessel will not be able on account of ice to reach the
place or to get out after having completed her operations.
The Vessel shall not be obliged to force ice nor to follow
icebreaker. If, on account of ice, the master considers it
dangerous to remain at the loading or discharging place for
fear of the Vessel being frozen in and/or damaged, he has
liberty to sail to a convenient open place and await
Charterers' fresh instructions.
(b) The Charterer shall not employ the Vessel or suffer her employment in
any trade or business which is forbidden by international law or is
otherwise illicit or in carrying illicit or prohibited goods or in any
manner whatsoever which may render her liable to condemnation in a
prize court or to destruction seizure confiscation and in event of
hostilities in any part of the world (whether war be declared or not)
shall not employ the Vessel or suffer her employment in carrying any
contraband goods and shall not permit or suffer the Vessel to enter or
trade to any zone which is declared a war zone by the Vessel's War
Risks insurers unless there shall have been effected by the Charterer
and at its expense such special insurance coverage as matters may
require.
(c) The Charterer shall not do or suffer to be done anything whereby the
registration of the Vessel as a British ship at a port of registry in
the United Kingdom may be forfeited or imperilled.
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(d) The Charterers shall not use the Vessel in any manner or for any
purpose excepted from any insurance policy or policies effected on the
Vessel from time to time or for the purpose of the carriage of goods
of any description excepted from the said insurance policy or policies
and shall not do or suffer to be done anything which would reasonably
be expected to invalidate any of the said insurance policy or policies
nor shall the Charterer do any act or voluntarily permit or suffer any
act to be done whereby: any insurance required hereunder shall or may
be suspended impaired or become defective
4. EXTENSION TO CHARTER:
Charterers have the option of extending the period of this charter for a
further three consecutive periods of 12 months. Charterers will be required to
declare by written notice to Owners an intention to extend the charter by each
extension six months in advance, but for the period of any such extension the
rate of hire will be calculated in accordance with clause 6 hereof.
5. DELIVERY:
The Vessel shall be delivered to Charterers at Hull on or about 8th May 1981
and re-delivered to Owners at a safe U.K. port or any other place agreed upon
between the parties. The Vessel shall be delivered to Charterers upon
successful completion of Owners' sea trial. Full charter rate is to apply from
the date of delivery.
6. RATE OF HIRE:
(a) Subject as herein provided Charterers shall pay for the use and hire
of the Vessel at the rate of L.2,100 per day commencing at and from
the date of her delivery, as aforesaid and continuing until the date
of her re-delivery to Owners after completion of refurbishment as
provided in clause 18.
(b) During the Primary Period of the bareboat charter referred to below
the rate in this clause is based on (i) L.980 being operating costs
per day relating to master, officers and crew, hire and maintenance of
electronics, insurance, stores, management, repatriation and hull and
machinery repairs and (ii) L.1,120 depreciation and interest per day
in respect of the Vessel. On 1st April 1982 and each 1st April
thereafter for the duration of the Charter the rate of hire shall be
increased by the amount of increase, if any, of either the said
operating costs and/or the rate of hire payable during the immediately
previous 12 months under the bareboat charter to the Owners the
relevant terms of which have been produced to Charterers. During the
Secondary Period of the said bareboat charter a sum equal to 75% of
the reduction in the bareboat charter rate of hire will be deducted
from the said figure of L.1,120 or such other figure which may be
applying at
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the end of such Primary Period representing depreciation and interest
during the said Primary Period in order to determine the figure
representing depreciation and interest during the period of any
extension of the charter as provided under clause 4 hereof.
(c) The rate of hire in this clause is based, inter alia, on the
employment of ex fishermen to man the Vessel. If at any time during
the charter Owners are required by the government and/or by union
pressure or for any other reason whatsoever to engage as master and/or
officers and/or crew members of the Merchant Navy Officers Association
and/or the National Union of Seamen then any extra cost to Owners as a
result thereof in addition to any increase payable under (b) hereof
shall be borne by Charterers for the remaining part of this charter
and shall be added to the charter hire
7. PAYMENT OF HIRE:
Payment of hire shall be made in cash in pounds sterling without discount
monthly in advance on the 1st day of each month at Xxxxxxxx & Glyn's Bank
Limited, Silver Street, Hull less any advances for disbursements made on
Owners' behalf. In default of payment, Owners have the right of withdrawing
the Vessel from the service of Charterers without noting any protest and
without interference by any court or any other formality whatsoever and without
prejudice to any claim Owners may otherwise have on Charterers under this
charter. Failure to or delay in exercising such right shall not amount to a
waiver of such right
8. BUNKERS AT DELIVERY AND RE-DELIVERY:
Charterers shall accept and pay for all bunkers lubricants greases and oils on
board at the time of delivery and Owners shall on expiry of this charter pay
for all bunkers and oils then remaining on board at the prices listed at the
respective ports of delivery and re-delivery at the time of such delivery or
redelivery
9. CHARTERERS' PERSONNEL:
Charterers may send upon any voyage made under this charter their own personnel
or those of their associated companies sub-contractors or clients in the
Vessel's available accommodation up to a number not exceeding that stated in
the Vessel's current Department of Trade Life Saving Appliance Certificate
(including the Vessel's complement of master officers and crew), Owners finding
provisions (except liquors). The cost of provisions for each month shall be
calculated at the end of the month and an average daily rate of such cost shall
then be calculated. Charterers shall pay to Owners by the end of the
following month their share of such daily rate which share shall be the ratio
that the average daily number of personnel on board serving for them or
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on their behalf during that month bears to the average daily total number of
personnel on board during that month serving both Owners and Charterers or on
their behalf.
10. LIEN:
Owners shall have a lien upon all goods and equipment owned by the Charterers
or their associated companies and installed on board the Vessel or being
carried in the Vessel for any amounts due under this charter and Charterers
shall have a lien on the Vessel for all monies paid in advance and not earned
and for all claims for damages arising from any breach of this charter by
Owners.
11. OWNERS TO PROVIDE:
Owners undertake to provide and to pay for insurance of their liabilities as
provided under clauses 29 and 31 hereof and for all provisions wages and all
other expenses of the master officers and crew; also for all deck cabin and
ships engine room and propulsion motor room stores. Owners' obligation under
this clause extends to cover all liability for customs or import duties arising
at any time during the performance of this charter in relation to the personal
effects of the master officers and crew and in relation to the stores
provisions and other matters aforesaid which Owners are to provide and/or pay
for and Owners shall refund to Charterers any sum they or their agents may have
paid or been compelled to pay in respect of such liability. Any amounts
allowable in general average for wages and provisions and stores shall be
credited to Charterers insofar as such amounts are in respect of a period when
the Vessel is on hire
12. CHARTERERS TO PROVIDE:
Charterers shall provide and pay for insurance of their liabilities as provided
under clause 31 hereof and for all pilotage and boatmen whether compulsory or
not fuel lubricants greases fresh water for boilers port charges light dues tug
assistance mooring lines at rig site or offshore installation or other place
agency fees port charges expenses of loading and unloading Charterers' stores
and equipment canal dues and steersmen dock dues all dock harbour and tonnage
dues at the port of delivery and redelivery agencies commission and all charges
other than those payable by Owners in accordance with clause 11 hereof provided
that all charges for the said items shall be paid by Owners when incurred for
Owners' purposes whether the Vessel is on hire or off hire. The foregoing
provision as to fuel shall not apply to any fuel used in connection with
general average sacrifice or expenditure or with the preparation for the dry
docking or repair of the Vessel and whilst the Vessel is in dry dock or under
repair. Fuel consumed under those circumstances shall be paid for by Owners.
PROVIDED that if Charterers use Owners' agency or facilities for obtaining fuel
for their own account and such is debited to Owners' account then
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Charterers shall pay Owners for such fuel with the next payment of hire due
after invoice has been rendered to Charterers by Owners
13. SPACE AVAILABLE TO CHARTERERS:
The whole reach and burthen of the Vessel's upper and main decks abaft the aft
bulkhead of the accommodation shall be at Charterers' disposal reserving for
Owners only the engineer's store and workshop, lamp room and safety equipment
store on the main deck and a small section of the starboard lower store for the
storage of paint. Additionally there shall be made available at all times to
Charterers on the upper and main decks in the accommodation all those cabins or
spaces described in the drawing No. RW/0006 of the Vessel dated October 1980 as
being for ratings, cadets, senior seismic, canteen, secondary navigation
control room lounge and officers' mess together with client's suite, party
chief's suite and senior seismic single berth on the forecastle deck
14. DUTIES OF MASTER AND CREW:
The master shall carry out his duties with the utmost despatch during the day
and night as required by Charterers and shall render all customary assistance
with the Vessel's crew and equipment. The Master shall be under the orders of
the Charterers as regards employment agency and other arrangements. The
Charterers shall furnish the master with all instructions and sailing
directions and the master and engineer shall keep full and correct logs
accessible to the Charterers and their agents. Notwithstanding anything
contained in this clause the Master may refuse to comply with any order of the
Charterers if in his opinion the safety of the Vessel is likely to be
endangered whereupon notice in writing shall be given to Charterers and/or
their agents to that effect. Owners undertake that the Vessel's crew:
(a) Will connect and disconnect fuel and water in port or any other
installations;
(b) Will assist when necessary in operations associated with the
employment of the Vessel in surveying operations
15. CONDUCT OF VESSEL'S PERSONNEL:
If Charterers shall complain of the conduct of the master or of any of the
officers or if Owners shall complain of the conduct of the Charterers'
personnel or of personnel invited aboard the Vessel by Charterers Owners and
Charterers shall jointly and immediately investigate the complaint and if the
complaint proves to be well founded shall take such action as is necessary and
practicable
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16. SUB-LET AND ASSIGNMENT:
Charterers shall not assign the benefit of this charter or sub-let the Vessel
except to a company within the Horizon group of companies and in such event the
assignment or sub-letting shall be on terms and conditions acceptable to Owners
and the owners of the Vessel. It is hereby acknowledged by Charterers that
Owners may assign the benefit of this charter to Ship Mortgage Finance Company
Limited the present owners of the Vessel.
17. DANGEROUS GOODS:
Subject to the provisions of clause 3 hereof Charterers shall at the discretion
of the master have the liberty of carrying explosive and dangerous commodities
provided such are packed and stowed in accordance with all relevant regulations
of the country of the Vessel's flag and any other permitted regulation and/or
IMCO Dangerous Goods Code. Any additional expenses incurred in complying with
such regulations shall be for Charterers' Account
18. CHARTERERS' EQUIPMENT:
Charterers shall have the right to install equipment on board the Vessel with
the written consent of Owners which consent shall not be unreasonably withheld
provided Owners have first obtained consent from the owners of the Vessel and
provided always that the installation of the equipment complies with the
requirements of the Vessel's classification Society and the regulating
authority of the Vessel's flag. The equipment shall be carried at the risk of
the Charterers. The Owners shall in no way be responsible for any consequences
arising from or in connection with the equipment and Charterers to indemnify
Owners against all consequences and liabilities arising therefrom. The cost of
installation survey operation maintenance and removal of the equipment together
with the refurbishing of the Vessel to original condition after removal of
equipment shall be to Charterers' account. Provided that no removal and
refurbishing shall take place in the event of a terminating event as specified
in clause 19 (v) and (xii) of the bareboat charterparty between the owners of
the Vessel and the Owners. In such event there shall be effected a sale by the
owners of the Vessel together with the equipment as agreed between the owners
of the Vessel and the parties hereto. Refurbishing of the Vessel shall include
all work required to make seaworthy and restore the Vessel after removal of
equipment including restoring the Vessel to its classification if required but
shall not include the removal of basic structural strengthening and alterations
built into the Vessel during initial conversion to accommodate Charterers'
equipment
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19. SALVAGE:
All salvage and all proceeds from derelicts shall be divided equally between
Owners and Charterers after deducting the master's officers' and crews' share
hire of Vessel for time lost and cost of fuel consumed and all other damage
costs and expenses incurred. Subject as aforesaid and subject to the
provisions of clauses 21 and 22 hereof all loss of time and all expenses paid
excluding any damage to or loss of the Vessel incurred in saving or attempting
to save life and in unsuccessful attempts to salve shall be borne equally by
Owners and an attempt to undertake salvage shall be made by the Vessel unless
such has been mutually agreed between the parties or unless there is a legal
obligation upon the master or Owners to carry out salvage.
20. MAINTENANCE AND REPAIRS:
Notwithstanding the provisions of clauses 21 and 22 hereof Charterers shall
allow Owners up to 20 days in each year cumulative during the period of the
charter on hire for necessary maintenance and/or overhaul and/or repairs
including dry docking in connection with Owners' duties under Clause 2 hereof
such days to be taken at the discretion and decision of the Owners who will as
far as possible take into account the exigencies of the service when making
such decision. Any accumulated time for dry docking maintenance and repairs
saved but not used shall be payable by Charterers annually and any balance upon
re-delivery at the then prevailing daily hire.
21. SUSPENSION OF HIRE:
(A) If as a result of any deficiency of crew or Owners' stores, strike of
master, officers and crew, breakdown of machinery, damage to hull or
other accident, the Vessel is prevented from working for a period of
time more than 12 hours per week no hire shall be payable from the
commencement of such loss of time until the Vessel is again ready and
in an efficient state to resume her service from a position not less
favourable to Charterers than that at which such loss of time
commenced; and any hire paid in advance shall be adjusted accordingly.
If such loss of time shall not exceed the said period of 12 hours full
hire shall be paid by Charterers Provided always however that hire
shall not cease in the event of the Vessel being prevented from
working as aforesaid as a result of:
(i) The carriage of dangerous goods.
(ii) Quarantine or risk of quarantine unless caused by the master,
officers or crew having communication with the shore at any
infected area not in connection with the employment of the
Vessel and without consent or the instructions of Charterers.
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(iii) Deviation from her charter duties or exposure to abnormal
risks at the request of Charterers.
(vi) Working alongside or in the proximity of any off-shore unit
provided that there has been no gross dereliction of duty on
the part of the master, officers or crew of the Vessel.
(v) Detention in consequence of being driven into port or to
anchorage through stress of weather or trading to shallow
harbours or to rivers or ports with bars when the expenses
resulting from such detention shall be for Charterers' account
howsoever incurred.
(vi) Any act or omission of the Charterers their servants or
agents.
(vii) Detention or damage by ice.
(B) Owners shall be under no liability whatsoever to Charterers for any
loss damage or delay sustained by Charterers as a result of the Vessel
being prevented from working by any cause whatsoever other than
Owners' failure to comply with their obligation to make the Vessel
seaworthy and fit for her duties in accordance with this charter when
such liability shall be limited as provided under clauses 31 and 32.
(C) The Vessel shall be dry docked at regular intervals to be mutually
agreed and fuel consumed during the dry docking period and dry dock
costs to be for Owners' account. Charterers shall place the Vessel at
Owners' disposal clear of Charterers' moveable or detachable equipment
(if required by Owners) at the nearest port suitable for the purpose.
The Vessel shall be off-hire unless the full time allowed in clause 20
is not used from the time of arrival at the dry docking port when
clear of such equipment and shall remain off-hire until ready to
resume Charterers' service at the place at which the off-hire period
commenced.
22. DEVIATION:
Further and without prejudice to the provisions of clause 21 in the event of
the Vessel deviating (which expression includes putting back putting into any
port other than that to which she is bound under the instructions of
Charterers) for any cause or for any purpose previously mentioned in clause 21
no hire shall be payable as from the commencement of such deviation until the
time when the Vessel is again ready and in an efficient state to resume her
service from a position not less favourable to Charterers than that at which
the deviation commenced unless such deviation in the opinion of the master was
necessary in the interests of the
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Charterers or the safety of the Vessel and unless the loss of time in
consequence thereof shall exceed 12 hours. In the event of the Vessel for any
cause or for any purpose previously mentioned in clause 21 putting into any
port other than the port to which she is bound on the instructions of
Charterers the port charges and other expenses at such port shall be borne by
Owners. Should the Vessel be driven into port or any anchorage by stress of
weather hire shall continue to be due and payable during any loss of time
caused thereby
23. LOSS OF VESSEL:
Should the Vessel be lost hire shall cease at noon on the day of her loss and
should the Vessel be missing hire shall cease at noon on the day on which she
was last heard of and any hire in advance and not earned shall be returned to
Charterers
24. INFECTED AREA AND INFRACTION OF LOCAL LAWS:
Owners shall be liable for any delay in quarantine arising from the Owners,
master officers or crew having communication with the shore at any infected
area without the written consent or instructions of Charterers or their agents
also for any loss of time through detention by customs or other authorities
caused by smuggling or other infraction of local law on the part of the master
officers or crew
25. LAYING UP:
Charterers shall have the option of laying up the Vessel in which case the hire
provided for under this charter shall be reduced by the amount by which Owners
can reasonably reduce the expenditure otherwise falling upon them under this
Charter subject however to a minimum of 30 days being required for laying up
the Vessel otherwise full hire will be required by Owners
26. REQUISITION:
Should the Vessel be requisitioned by any government during the period of this
charter the Vessel shall be deemed to be off-hire during the period of such
requisition and any hire paid by the said government in respect of such
requisition period shall be for Owners' account. The period during which the
Vessel is on requisition to the said government shall count as part of the
period provided for in clause 3 of this charter. Negotiations with the
requisitioning government to secure hire or compensation for the Vessel and/or
the Charterers' equipment shall be conducted after agreement between the
parties by either party or jointly. In the event of the charter period
terminating within the period of requisition Charterers shall fulfil their
obligations under the terms of clauses 3, 5, 8 and 36 upon the Vessel being
released from requisition the cost of the re-delivery voyage shall be that cost
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including steaming from the port or place of initial requisition or that port
or place of release from requisition whichever is the lesser.
27. OUT BREAK OF WAR:
In the event of war or hostilities preventing the operation of this Vessel in a
particular area of the world where Charterers require it to be operated
Charterers shall not have the right of cancelling this charter but shall order
the Vessel to a part of the world free of such war or hostilities
28. WAR RISK:
(a) The Vessel (unless the consent of the Owners be first obtained)
(i) shall not be bound to proceed to any place on any voyage and
shall not be used on any service which will bring her within a
zone which is known to be dangerous as a result of any actual
or threatened act of war, war, hostilities, war like
operations revolutions civil war civil commotion or the
operation of international law or of any acts of piracy or of
hostility or malicious damage against this or any other Vessel
or its cargo by any person party or state whatsoever
(ii) shall not be exposed in any way to any risks in respect of
penalties or otherwise howsoever consequent upon the
impositions of sanctions by any government or governments and
(iii) shall not carry any goods or equipment that may in any way
expose her to any risks of seizure capture penalties or any
other interference of any kind whatsoever by any belligerent
or fighting power or party or by any "de jure" or "de facto"
government or ruler
(b) The Vessel shall have liberty to comply with any orders or direction
as to departure arrival routes ports of call stoppages destinations
delivery or in any other wise whatsoever given by the government of
the nation under whose flag the Vessel sails or any other government
or by any other person (or body) acting or purporting to act with the
authority of any such government or by any committee or person having
under the terms of the war risks insurance on the Vessel the right to
give any such orders or directions
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(c) If in compliance with the provisions of this clause anything is done
or is not done such shall be deemed to be a permissible deviation
29. WAR INSURANCE:
War and/or mine risk insurance if any shall be for Owners' account but
notwithstanding the provisions of clause 11 hereof war risk insurance on hull
and machinery on mutually agreed value in excess of the rate ruling at the date
hereof shall be for Charterers' account
30. ADDITIONAL WAR RISKS:
Any extra expenses which may be incurred by Owners if the Vessel with the
consent of Owners is obliged by Charterers or on Charterers' requirements to
trade in areas where there is war (de facto or de jure) shall be borne by
Charterers, provided that before such expenses are incurred Charterers are
given an opportunity to signify their approval
31. RESPONSIBILITY AND INDEMNITY:
(a) Charterers shall not be responsible for damage to or in connection
with loss of the Vessel howsoever caused including personal injury or
death of Owners' servants or anyone to whom Owners may be responsible
in this respect howsoever or by whomsoever caused even if caused by
act neglect or default of anyone for whom otherwise Charterers might
be responsible and Owners shall indemnify Charterers against all
consequences and liabilities arising from or in connection with such
loss or damage or personal injury or death of Owners' servants or
anyone to whom Owners may be responsible
(b) Owners shall not be responsible for any damage to or loss of
Charterers' goods or equipment or that of their associated companies
or clients fitted in or to or carried on board or towed by the Vessel
or any damage to or loss of the off shore installation to which the
Vessel is ordered by Charterers howsoever or by whomsoever caused even
if caused by act neglect or default of any one for whom otherwise
Owners might be responsible and Charterers shall hold harmless and
indemnify Owners from and against all liabilities arising from or
relating to such loss or damage including liability for personal
injury or death sustained by Charterers' servants and/or those of
their associated companies or of their clients and/or anyone to whom
Charterers may be responsible resulting from or occurring in
connection with such loss or damage insofar as such person was in
attendance and/or was on board the Vessel and/or was at any time that
the personal injury or death was caused or incurred being carried by
the Vessel to or
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from such off shore installation and/or other place or places at
Charterers' request
32. LIMITATIONS:
Nothing herein contained in this agreement shall be construed or held to
deprive Owners or Charterers of any right to claim limitation of liability
provided by any applicable law statute or convention
33. PRESERVATION OF SECRECY:
All information regarding Charterers' client operation investigations and
findings together with the nature and specification of Charterers' equipment
installed on board the Vessel shall be regarded as confidential to the
Charterers and under no circumstances shall any such information be divulged to
unauthorized persons or the press without prior permission of Charterers. This
ruling shall be incumbent upon all personnel for whom Owners have
responsibility. Owners shall ensure that all Owners' subcontractors give an
indemnity to observe the requirements of this clause
34. CHANGE OF OWNERSHIP:
(a) Owners' rights and obligations under this charter are not
transferrable by sale without Charterers' consent and Owners will make
application for consent to sale in good and sufficient time for
Charterers' consideration. Should any such sale take place Owners
shall reimburse Charterers with any hire paid in advance and not
earned and the cost of fuel and bunkers.
(b) Owners shall be entitled to require the affixing to the Vessel of a
suitably worded notice indicating that the Vessel is bareboat
chartered to Owners and that no liens are to be created
(c) Charterers shall be entitled to affix notices to their equipment
indicating ownership of the same and that no liens shall be created on
this equipment other than under clause 10 hereof.
35. LAW AND LITIGATION:
(a) This charter shall be construed and the relations between the parties
determined in accordance with the Law of England
(b) If any dispute difference or question shall arise at any time
hereafter between the parties hereto concerning any matter or thing
whatsoever herein contained or the operation or construction thereof
or any matter or thing in any way
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connected with these presents or the rights duties or liabilities of
either party under or in connection with this Agreement then and in
every such case the dispute or difference shall be referred to a
single arbitrator in London to be agreed between the parties hereto or
failing agreement within fourteen days after either party has given to
the other a written request to concur in the appointment of an
arbitrator one arbitrator to be appointed by each party hereto in
accordance with the Arbitration Acts 1950 and 1979 or any statutory
modification or re-enactment thereof for the time being in force. It
is further agreed that such arbitration shall be a condition precedent
to the commencement of any action of law
36. REDELIVERY:
The Vessel shall be re-delivered on the expiration or earlier termination of
this Charter Party in the same good order as when delivered to the Charterers
(fair wear and tear excepted) but after refurbishing as provided in clause 18
(except as therein provided in the event of the sale by the owners of the
Vessel together with the equipment). "On hire" and "off hire" surveys will be
carried out by a surveyor mutually agreed between both parties. Repairs of any
damage that may have occurred during time period of the charter by the nature
of the charter shall be for Charterers' expense together with the cost of
survey and charter hire to be paid for the time incurred in carrying out such
repairs.
DATED this fourth day of February 1981.
SIGNED by /s/ [illegible signature]
on behalf of Owners /s/ [illegible signature]
/s/ [illegible signature]
SIGNED by
on behalf of Charterers /s/ [illegible signature]
In the presence
of Xxxxxxx Xxxxxxxx
Solicitor
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16
"SUBSEA 1" to be re-named
"PACIFIC HORIZON"
O/N. 6413807
PORT OF REGISTRY: LONDON SIGNAL LETTERS: G.U.Q.A.
BUILT BY: A.G. "WESER" WERK SEEBECK, BREMERHAVEN, W. GERMANY. 1964
REBUILT: GLOBE ENGINEERING (HULL) LIMITED, HULL. 1981
PRINCIPAL DIMENSIONS: 79.69m x 12.65m x 4.80lm
DISPLACEMENT: G.R.T. N.R.T.
LOADED DRAUGHT:
CLASSIFICATION: LLOYDS + 100A1 SEISMIC SURVEY VESSEL
SAFCON: YES LOADLINE: YES
U.K. D.O.T. CLASSIFICATION: CLASS VII UNRESTRICTED
MAIN PROPULSION: 3 DEUTZ DIESEL ELECTRIC GENERATORS 2700 B.H.P.
MAIN PROPULSION MOTOR: A.E.G.
SPEED: CONSUMPTION:
MANOEUVRING/SECONDARY PROPULSION: XXXXXXXX UNIT
BUNKERS: ENDURANCE:
FRESH WATER: CRUISING:
ACCOMMODATION: CHARTERERS
AND CREW ) TOTAL 43 PERSONS
L.S.A. CERTIFICATION: 50 PERSONS
NAVIGATIONAL AND ELECTRONIC AIDS:
MAIN AND SECONDARY SSB TRANSEIVERS
TELEX FOR OPERATION WITH MAIN TRANSEIVER
R408 COMMUNICATION RECEIVER
STANDBY DISTRESS RECEIVER
DEBEG V.H.F. RECEIVER
- 16 -
17
XXXXXXXXX V.H.F. RECEIVER
EMERGENCY TRANSEIVER SOLAS TYPE 3
TWO 1022 FURONO RADARS
ONE RM426 DECCA RADAR KODEN WEATHER FAX
XXXXXX SPEED LOG DECCA NAV. MK.21
ELAC ECHO SOUNDER XXXXXXXXX GYRO/A. PILOT
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