ITC Clause

circumstances exceed the amount insured under this insurance in respect of

the Vessel.

12. Deductible

12.1. No claim arising from a peril insured against shall be payable under

this insurance unless the aggregate of all such claims arising out of each

separate accident or occurrence (including claims under Clause 8, 10 and

11) exceeds the deductible amount agreed in which case this sum shall be

deducted.

Nevertheless the expense of sighting the bottom after stranding, if

reasonably incurred specially for that purpose, shall be paid even if no

damage be found. This Clause 12 shall not apply to a claim for total loss

or constructive loss of the Vessel or, in the event of such a claim, to any

associated claim under Clause 11 arising from the same accident or

occurrence.

12.2. Claims for damage by heavy weather occurring during a single sea

passage between two successive ports shall be treated as being due to one

accident. In the case of such heavy weather extending over a period not

wholly covered by this insurance the deductible to be applied to the claim

recoverable hereunder shall be the proportion of the above deductible that

the number of days of such heavy weather falling within the period of this

insurance bears to the number of days of heavy weather during the single

sea passage. The expression «heavy weather» in this Clause 12.2. shall be

deemed to include contact with floating ice.

12.3. Excluding any interest comprised therein, recoveries against any

claim which is subject to the above deductible shall be credited to the

Underwriters in full to the extent of the sum by which the aggregate of the

claim unreduced by any recoveries exceeds the above deductible.

12.4. Interest comprised in recoveries shall be apportioned between the

Assured and the Underwriters, taking into account the sums paid by the

Underwriters and the dates when such payments were made, notwithstanding

that by the addition of interest the Underwriters may receive a larger sum

than they have paid.

13. Notice of Claim and Tenders

13.1. In the event of accident whereby loss or damage may result in a claim

under this insurance, notice must be given to the Underwriters promptly

after the date on which the Assured, Owners or Managers become or should

have become aware of the loss or damage and prior to survey so that a

surveyor may be appointed if the Underwriters so desire.

If notice is not given to the Underwriters within twelve months of that

date unless the Underwriters agree to the contrary in writing, the

Underwriters will be automatically discharged from liability for any claim

under this insurance in respect of or arising out of such accident or the

loss or damage.

13.2. The Underwriters shall be entitled to decide the port to which the

Vessel shall proceed for docking or repair (the actual additional expense

of the voyage arising from compliance with the Underwriters’ requirements

being refunded to the assured) and shall have a right of veto concerning a

place of repair or a repairing firm.

13.3. The Underwriters may also take tenders or may require further tenders

to be taken for the repair of the Vessel. Where such a tender has been

taken and a tender is accepted with the approval of the Underwriters, an

allowance shall be made at the rate of 30% per annum on the insured value

for the time lost between despatch of the invitations to tender required by

the Underwriters and the acceptance of a tender to the extent that such

time is lost solely as a result of tenders having been taken and provided

that the tender is accepted without delay after receipt of the

Underwriters’ approval.

Due credit shall be given against the allowance as above for any amounts

recovered in respect of fuel and store and wages and maintenance of the

Master Officers and Crew or any member thereof, including amounts allowed

in general average, and for any amounts recovered from third parties in

respect of damages for detention and/or loss of profit and/or running

expenses, for the period covered by the tender allowance or any part

thereof.

Where a part of the cost of the repair of damage other than a fixed

deductible is not recoverable from the Underwriters the allowance shall be

reduced by a similar proportion.

13.4. In the event of failure by the Assured to comply with the conditions

of Clauses 13.2. and/or 13.3. a deduction of 15% shall be made from the

amount of the ascertained claim.

14. New for Old

Claims payable without deduction new for old.

15. Bottom Treatment

In no case shall a claim be allowed in respect of scraping gritblasting and

/or other surface preparation or painting of the Vessel’s bottom except

that

15.1. gritblasting and/or other surface preparation of new bottom plates

ashore and supplying and applying any «shop» primer thereto,

15.2. gritblasting and/or other surface preparation of:

the butts or area of plating immediately adjacent to any renewed or

refitted plating damaged during the course of welding and/or repairs,

areas of plating damaged during the course of fairing, either in place

or ashore,

15.3. supplying and applying the first coat of primer/anti-corrosive to

those particular areas mentioned in 15.1. and 15.2. above,

shall be allowed as part of the reasonable cost of repairs in respect of

bottom plating damaged by an insured peril.

16. Wages and Maintenance

No claim shall be allowed, other than in general average, for wages and

maintenance of the Master Officers and Crew or any member thereof, except

when incurred solely for the necessary removal of the Vessel from one port

to another for the repair of damage covered by the Underwriters, or for

trial trips for such repairs, and then only for such wages and maintenance

as are incurred whilst the Vessel is under way.

17. Agency Commission

In no case shall any sum be allowed under this insurance either by way of

remuneration of the Assured for time and trouble taken to obtain and supply

information or documents or in respect of the commission or charges of any

manager, agent, managing or agency company or the like, appointed by or on

behalf of the Assured to perform such services.

18. Unrepaired Damage

18.1. The measure of indemnity in respect of claims for unrepaired damage

shall be reasonable depreciation in the market value of the Vessel at the

time this insurance terminates arising from such unrepaired damage, but not

exceeding the reasonable cost of repairs.

18.2. In no case shall the Underwriters be liable for the unrepaired damage

in the event of a subsequent total loss (whether or not covered under this

insurance) sustained during the period covered by this insurance or any

extension thereof.

18..3. The Underwriters shall not be liable in respect of the unrepaired

damage for more than the insured value at the time this insurance

terminates.

19. Constructive Total Loss

19.1. In ascertaining whether the vessel is a constructive total loss, the

insured value shall be taken as the repaired value and nothing in respect

of the damage or break-up value of the Vessel or wreck shall be taken into

account.

19.2. No claim for constructive total loss based upon the cost of recovery

and/or repair of the Vessel shall be recoverable hereunder unless such cost

would exceed the insured value. In making this determination, only the cost

relating to a single accident or sequence of damages arising from the same

accident shall be taken into account.

20. Freight Waiver

In the event of total or constructive loss no claim to be made by the

Underwriters for freight whether notice of abandonment has been given or

not.

21. Assignment

No assignment of or interest in this insurance or in any moneys which may

be or become payable thereunder is to be binding on or recognised by the

Underwriters unless a dated notice of such assignment or interest signed by

the Assured, and by the assignor in the case of subsequent assignment, is

endorsed on the Policy and the Policy with such endorsement is produced

before payment of any claim or return of premium thereunder.

22. Disbursements Warranty

22.1. Additional insurances as follows are permitted:

22.1.1. Disbursements, Managers’ Commissions, Profits or Excess or

Increased Value of Hull and Machinery. A sum not exceeding 25% of the value

stated herein.

22.1.2. Freight, Chartered Freight or Anticipated Freight, insured for

time. A sum not exceeding 25 % of the value stated herein less any sum

insured, however described, under 22.1.1.

22.1.3. Freight or Hire, under contract for voyage. A sum not exceeding the

gross freight or hire for the current cargo passage and next succeeding

cargo passage (such insurance to include, if required, a preliminary and

intermediate ballast passage) plus the charges of insurance. In the case of

a voyage charter where payment is made on a time basis, the sum permitted

for insurance shall be calculated on the estimated duration of the voyage,

subject to the limitation of two cargo passages as laid down herein. Any

sum insured under 22.1.2. to be taken into account and only the excess

thereof may be insured, which excess shall be the gross amount so advanced

or earned.

22.1.4. Anticipated Freight if the Vessel sails in ballast and not under

Charter. A sum not exceeding the anticipated gross freight on next cargo

passage, such sum to be reasonably estimated on the basis of the current

rate of freight at time of insurance plus the charges of insurance. Any sum

insured under 22.1.2. to be taken into account and only the excess thereof

may be insured.

22.1.5. Time Charter Hire or Charter Hire for Series of Voyages. A sum not

exceeding 50% of the gross hire which is to be earned under the charter not

exceeding 18 months. Any sum insured under 22.1.2. to be taken into account

and only the excess thereof may be insured, which excess shall be reduced

as the hire is advanced or earned under the charter by 50% of the gross

amount so advanced or earned but the sum insured need not be reduced while

the total of the sums insured under 22.1.2. and 22.1.5. does not exceed 50%

of the gross hire still to be earned under the charter. An insurance under

this Section may begin on the signing of the Charter.

22.1.6. Premiums. A sum not exceeding the actual premiums of all interests

insured for a period not exceeding 12 months (excluding premiums insured

under the foregoing sections, but including, if required, the premiums or

estimated calls on any Club or War etc. Risk insurance) reducing pro rata

monthly.

22.1.7. Returns of Premium. A sum not exceeding the actual returns which

are allowable under any insurance but which would not be recoverable

thereunder in the event of a total loss of the Vessel whether by insured

perils or otherwise.

22.1.8. Insurance irrespective of amount against:

Any risk excluded by Clauses 24, 25, 26 and 27 below.

22.2. Warranted that no insurance on any interests enumerated in the

foregoing 22.1.1. to 22.1.7. in the excess of the amounts permitted therein

and no other insurance which includes the total loss of the Vessel P.P.I.,

F.I.A. or subject to any other like term, is or shall be effected to

operate during the currency of this insurance by or for account of the

Assured, Owners, Managers or Mortgagees. Provided always that a breach of

this warranty shall not afford the Underwriters any defence to a claim by a

Mortgagee who has accepted this insurance without knowledge of such breach.

23. Returns for Lay-up and Cancellation

23.1. To returns as follows:

23.1.1. pro rata net for each uncommenced month if this insurance be

cancelled by agreement,

23.1.2. for each period of 30 consecutive days the Vessel may be laid up in

a port or in a lay-up area provided such port or lay-up area is approved by

the Underwriters

(a) .............................................. per cent net not

under repair

(b) ............................................. per cent net under

repair.

23.1.3. The Vessel shall not be considered to be under repair when work is

undertaken in respect of ordinary wear and tear of the Vessel and/or

following recommendations in the Vessel’s Classification Society survey,

but any repairs following loss of or damage to the Vessel or involving

structural alterations, whether covered by this insurance or otherwise

shall be considered as under repair.

23.1.4. If the Vessel is under repair during part only of a period for

which a return is claimable, the return shall be calculated pro rata to the

number of days under 23.1.2. (a) and (b) respectively.

23.2. PROVIDED ALWAYS THAT

23.2.1. a total loss of the Vessel, whether by insured perils or otherwise,

has not occurred during the period covered by this insurance or any extent

thereof;

23.2.2. in no case shall a return be allowed when the Vessel is lying in

exposed or unprotected waters, or in a port or lay-up area not approved by

the Underwriters;

23.2.3. loading or discharging operations or the presence of cargo on board

shall not debar returns but no return shall be allowed for any period

during which the Vessel is being used for the storage of cargo or for

lightering purposes;

23.2.4. in the event of any amendment of the annual rate, the above rates

of returns shall be adjusted accordingly;

23.2.5. in the event of any return recoverable under this Clause 23 being

based on 30 consecutive days which fall on successive insurances effected

for the same Assured, this insurance shall only be liable for an amount

calculated at pro rata of the period rates 23.1.2. (a) and or (b) above for

the number of days which come within the period of this insurance and to

which a return is actually applicable. Such overlapping period shall run,

at the option of the Assured, either from the first day of a period of 30

consecutive days as provided under 23.1.2. (a) or (b) above.

The following clauses shall be paramount and shall override anything

contained in this insurance inconsistent therewith.

24. War Exclusion

In no case shall this insurance cover loss damage liability or expense

caused by

24.1. war civil war revolution rebellion insurrection, or civil strife

arising therefrom, or any hostile act by or against a belligerent power

24.2 capture seizure arrest restrain or detainment (barratry and piracy

excepted), and the consequences thereof or any attempt thereat

24.3. derelict mines torpedoes bombs or other derelict weapons of war.

25. Strikes Exclusion

In no case shall this insurance cover loss damage liability or expense

caused by

25.1. strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions

25.2. any terrorist or any person acting from a political motive

26. Malicious Acts Exclusion

In no case shall this insurance cover loss damage liability or expense

caused by

26.1 the detonation of an explosive

26.2. any weapon of war

and caused by any person acting maliciously or from a political motive.

27. Radioactive Contamination Exclusion Clause

In no case shall this insurance cover loss damage liability or expense

directly or indirectly caused by or contributed to by or arising from

27.1. ionising radiations from or contamination by radioactivity from any

nuclear fuel or from any nuclear waste or from the combustion of nuclear

fuel

27.2. the radioactive, toxic, explosive or other hazardous or contaminating

properties of any nuclear installation, reactor or other nuclear assembly

or nuclear component thereof

27.3 any weapon of war employing atomic or nuclear fission and/or fusion or

other like reaction or radioactive force or matter.

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