P&I (CLASS 3) / PART IV / RULE 23

EXCLUSION OF NUCLEAR RISKS

23.1 General Exclusion of Nuclear Risks

Unless otherwise agreed in writing there shall be no recovery from the Association in respect of any liabilities, costs or expenses (irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the Member or the Member’s servants or agents) when the loss or damage, injury, illness or death or other accident in respect of which such liability arises or cost or expense is incurred, was directly or indirectly caused by or arises from:

23.1.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;

23.1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

23.1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;

23.1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter.

23.1.5 PROVIDED ALWAYS THAT:

23.1.5.1 this exclusion shall not apply to liabilities, costs or expenses arising out of the carriage of “excepted matter” (as defined in the Nuclear Installations Act 1965 of the United Kingdom or any regulation made thereunder) as cargo on an Entered Ship and agreed by the Managers in writing.

23.2 Certificates

Notwithstanding the exclusions in Rule 23.1 General Exclusion of Nuclear Risks the Association will discharge on behalf of the Member liabilities, costs and expenses arising under a demand made pursuant to the issue by the Association on behalf of the Member of:

23.2.1 a guarantee or other undertaking given by the Association to the Federal Maritime Commission under Section 2 of US Public Law 89-777, and/or

23.2.2 a certificate issued by the Association in compliance with Article VII of the International Conventions on Civil Liability for Oil Pollution Damage 1969 or 1992 or any amendments thereto, and/or

23.2.3 an undertaking given by the Association to the International Oil Pollution Compensation Fund 1992 in connection with STOPIA or, except where such liabilities, costs or expenses arise from or are caused by an act of terrorism, TOPIA, and/or

23.2.4 a certificate issued by the Association in compliance with Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, and/or

23.2.5 a non-war certificate issued by the Association in compliance either with Article 4 bis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and the Protocol thereto of 2002 and Guidelines for its implementation or Regulation (EC) No. 392/2009 of the European Parliament and of the Council which gives effect thereto, and/or

23.2.6 a certificate issued by the Association in compliance with Article 12 of The Nairobi International Convention on the Removal of Wrecks, 2007

23.2.7 PROVIDED ALWAYS THAT:

23.2.7.1 the Member shall indemnify the Association to the extent that any payment under any such guarantee, undertaking or certificate in discharge of the said liabilities, costs and expenses is or would have been recoverable in whole or in part under a standard P&I war risks policy or other policies of insurance had the Member complied with the terms and conditions thereof, and

23.2.7.2 the Member agrees that:

23.2.7.2.1 any payment by the Association under any such guarantee, undertaking or certificate in discharge of the said liabilities, costs and expenses shall, to the extent of any amount recovered under any policy of insurance or extension to the cover provided by the Association, be by way of loan; and

23.2.7.2.2 there shall be assigned to the Association to the extent and on the terms that it determines in its discretion to be practicable all the rights of the Member under any other insurance and against any third party.