CHARTERERS' LIABILITY INSURANCE / PART VI / Clause 2

DEFINITIONS

In the Certificate of Insurance and these Charterers’ Insurances Terms & Conditions the following terms shall have the meanings set out below if not inconsistent with the subject or context.

2.1 The Association

The Britannia Steam Ship Insurance Association Europe or The Britannia Steam Ship Insurance Association Limited as named in the Certificate of Insurance.

2.2 Associated Company

A person or company affiliated or associated with the Assured and to whom the benefit of the cover afforded by the Association to the Assured is extended in accordance with the Certificate of Insurance and/or these Charterers’ Insurances Terms & Conditions.

2.3 Assured

A party afforded the benefit of cover by the Association.

2.4 The Board

The Directors for the time being of the Association or as the context may require those Directors present at a duly convened meeting of the Board at which a quorum is present.

2.5 Certificate of Insurance

A document and any endorsement thereto issued by the Association in accordance with these Charterers’ Insurances Terms & Conditions and the Articles of Association which evidences the contract of insurance.

2.6 Charterer

A Charterer in the context of these Charterers’ Insurances Terms & Conditions shall be a person, not being the owner or disponent owner of the Ship, who has the employment of or an interest in the Ship (other than as a demise or bareboat charterer or operator); and, subject to the terms and conditions as agreed by the Managers in writing and as provided for in the Certificate of Insurance, may include inter alia an Assured engaged in time charters, voyage charters, space charters, slot charters, slot swaps, slot contracts, freight forwarding contracts, contracts of affreightment, shipping and/or trading and/or receiving cargo, and pool operations.

2.7 Chartered Ship

A Chartered Ship in the context of these Charterers’ Insurances Terms & Conditions shall be construed as a Ship employed by the Assured as Charterer and shall include a Ship in which cargo is intended to be carried, or is being carried or has been carried.

2.8 Co-assured

A person, being one of more persons than one, in whose name or on whose behalf cover is afforded by the Association.

2.9 The Committee

The Representatives for the time being of the Association or as the context may require those Representatives present at a duly convened meeting of the Committee at which a quorum is present.

2.10 Convention Limit

The limit of liability of the owner of a Ship for claims (other than claims for loss of life or personal injury) determined in accordance with Article 6.1 (b) of the International Convention on Limitation of Liability for Maritime Claims 1976.  Any Ship insured under a Certificate of Insurance and/or these Charterers’ Insurances Terms & Conditions shall be deemed to be a seagoing ship to which the Convention applies, notwithstanding any provision in the Convention to the contrary.

2.11 Fleet Insurance

The insurance of more than one Ship by one or more Assureds on the basis that those Ships will be treated together as a fleet for underwriting purposes.

2.12 The Hague Visby Rules

The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (The Hague Rules) signed at Brussels on 25 August 1924 as amended by the Protocol to that Convention signed at Brussels on 23 February 1968.

2.13 Hull Policies

Policies effected on the hull and machinery of a ship including any excess liability policy.

2.14 Insurance

Any insurance or reinsurance against the risks specified in the Certificate of Insurance and these Charterers’ Insurances Terms & Conditions.

2.15 Knock for Knock

A provision or provisions stipulating that

2.15.1 each party to a contract shall be similarly responsible for

2.15.1.1 loss of or damage to, and/or death of or injury to, any of its own property or personnel, and/or the property or personnel of its contractors and/or of its and their subcontractors and/or of other parties, and/or

2.15.1.2 liability arising out of the ownership or operation of its own property, and that

2.15.2 such responsibility shall be without recourse to the other party and arise notwithstanding any fault or neglect of any party, and that

2.15.3 each party shall, in respect of those losses, damages or liabilities for which it has assumed responsibility, correspondingly indemnify the other against any liability that that party shall incur in relation thereto.

2.16 Limit of Liability

The Association’s Limit of Liability as set out in or provided in accordance with the Certificate of Insurance and these Charterers’ Insurances Terms & Conditions.

2.17 The Managers

The Managers for the time being of the Association including, if the Managers are a firm, each partner of the Managers or, if the Managers are a limited or unlimited company, each director of the Managers.

2.18 MLC 2006

Regulation 2.5.2, Standard A2.5.2, Regulation 4.2 and Standard A4.2.1(b) of the Maritime Labour Convention 2006, as amended, or domestic legislation by a State party implementing these Regulations and Standards.

2.19 Member

A Member of the Association as defined in Article 3 of the Articles of Association and more particularly a Member of Class 3 of the Association.

2.20 Owner

Unless otherwise expressly indicated an Owner shall be a person being the owner, demise or bareboat charterer or operator of the Ship.

2.21 Passenger

A person carried on board the insured Ship by virtue of holding a ticket of passage.

2.22 Personal Effects

Personal property, documents, navigational or other technical instruments and tools brought on board, or being taken to or from, the insured Ship by a Seafarer but excluding cash, valuables, or any other article which in the opinion of the Association is not an essential requirement for a Seafarer.

2.23 Policy Period

Such period in respect of which the Association agrees to afford cover as set out in the Certificate of Insurance.

2.24 Premium

Consideration for the benefit of cover afforded by the Association.

2.25 Prohibited Area

Any country, zone, area, port or place and/or conflict which the Association from time to time may declare to be excluded from cover provided under the Certificate of Insurance or otherwise in respect of war and strikes risks.

2.26 Sanction

Any applicable economic, financial or trade sanction or embargo.

2.27 Seafarer

A person (including the Master) engaged under articles of agreement or otherwise contractually obliged to serve on board the insured Ship including a substitute for such person and also including such persons while proceeding to or from such Ship.

2.28 Ship

In the context of a ship afforded cover by the Association, any ship, boat, hydrofoil, hovercraft or other description of vessel whether completed or under construction (including a lighter, barge or similar vessel howsoever propelled but excluding

2.28.1 a unit or vessel constructed or adapted for the purpose of carrying out drilling operations in connection with oil or gas exploration or production,

2.28.2 a fixed platform or fixed rig and

2.28.3 a wing-in-ground craft)

used or intended to be used for any purpose whatsoever in navigation or otherwise on, under, over or in water or any part of such ship or any proportion of the tonnage thereof or any share therein.

2.29 Special Cover

An agreement by the Association in writing to cover:

2.29.1 risks not set out in Part II; or

2.29.2 such other risks in respect of which additional insurance is agreed.

2.30 STOPIA

Small Tanker Oil Pollution Indemnification Agreement 2006 as subsequently amended.

2.31 TOPIA

Tanker Oil Pollution Indemnification Agreement 2006 as subsequently amended.

2.32 The United Kingdom

Great Britain and Northern Ireland.

2.33 Interpretation

For the purposes of these Charterers’ Insurances Terms & Conditions:

2.33.1 Writing shall include printing, typewriting, lithography, facsimile, electronic means of written communication and any other mode or modes of representing or reproducing words in a visible form.

2.33.2 Words importing the singular number only shall include the plural number and vice versa.

2.33.3 Words importing persons shall include individuals, partnerships, corporations and associations.

2.33.4 The headings and sub-headings as set out in these Charterers’ Insurances Terms & Conditions are for convenience and ease of reference only and do not affect the construction of any term or condition.