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CHARTERERS' LIABILITY INSURANCE / PART II / Section A / Clause 21
LIABILITY TO AND IN RESPECT OF THE CHARTERED SHIP
21.1 Liability to and in respect of the Chartered Ship
Liabilities, losses, costs and expenses incurred by the Assured:
21.1.1 Physical loss of or damage to the Chartered Ship
in respect of the Assured’s liability to owners and/or disponent owners and/or other parties with an interest in the Chartered Ship (hereafter referred to as “owners”) for physical damage to and/or loss of the Chartered Ship and/or its equipment and/or outfit and/or stores and/or supplies;
21.1.2 General average, salvage and salvage charges
in respect of the Assured’s liability to owners for the Chartered Ship’s proportion of:
21.1.2.1 salvage; and/or
21.1.2.2 salvage charges; and/or
21.1.2.3 General Average as stated in the General Average adjustment or as determined by a court, competent tribunal or independent adjuster appointed by the Association or as otherwise agreed;
21.1.3 Costs of averting or minimising loss
in respect of the Assured’s liability to owners for losses, costs and expenses reasonably incurred for the purpose of averting and/or minimising physical damage to and/or loss of the Chartered Ship and/or its equipment and/or outfit and/or stores and/or supplies;
21.1.4 Loss of employment of the Chartered Ship
in respect of the Assured’s liability to owners for demurrage and/or loss of use and/or hire of the Chartered Ship and/or any similar financial loss:
21.1.4.1 arising out of an incident for which the Assured is responsible and in respect of which the Assured incurs, as a direct consequence of that incident, liabilities, losses, costs and expenses indemnified under Clauses 21.1.1 to 21.1.3; and/or
21.1.4.2 arising out of an incident for which the Assured is responsible and in respect of which the Assured incurs, as a direct consequence of that incident, a liability to owners otherwise than in Clause 21.1.4.1 above;
21.1.5 Costs and expenses
in respect of the Assured’s liability to owners for surveyors’ fees and disbursements and/or engineers’ fees and disbursements and/or other experts’ fees and disbursements and/or legal fees and disbursements and/or similar expenditure arising out of Clauses 21.1.1 to 21.1.4.
21.2 Assured’s interests
Liabilities, losses, costs and expenses incurred by the Assured:
21.2.1 General average, salvage and salvage charges
in respect of the Assured’s contribution to General Average and/or salvage and/or salvage charges in respect of the Assured’s interest in bunkers and/or other property (excluding cargo and/or containers) and/or hire and/or freight; and/or
21.2.2 Costs of averting or minimising loss
in respect of losses, costs and expenses reasonably incurred by the Assured for the purpose of averting and/or minimising physical damage to and/or loss of the Assured’s interest in bunkers and/or other property (excluding cargo and/or containers) and/or hire and/or freight.
21.3 Assured’s costs and expenses
Costs and expenses incurred by the Assured:
21.3.1 Costs of averting or minimising loss
losses, costs and expenses reasonably incurred for the purpose of averting and/or minimising liabilities, losses, costs and expenses otherwise covered by Clauses 21.1 and 21.2; and/or
21.3.2 Costs and expenses
surveyors’ fees and disbursements and/or engineers’ fees and disbursements and/or other experts’ fees and disbursements and/or legal fees and disbursements and/or similar expenditure.
21.4 Indemnities exclusion
In no event does this insurance indemnify the Assured for liabilities, losses, costs and expenses assumed expressly or impliedly under any form of indemnity or undertaking without the prior agreement of the Association.