Additional Insurances. Nothing herein provided shall prevent Owner from arranging, for its sole benefit and at its own sole expense, additional insurance cover; provided, however, that: (i) to the extent that any claim amount recoverable under additional insurance (for which Charterer was directly or indirectly to have received a benefit) is reduced by reason of the existence of any such other insurance, Owner shall credit Charterer with the amount of such lost benefit; (ii) such additional insurance may be purchased but only to the extent permitted by and within the warranties of the conditions on which Vessel’s Hull and Machinery Insurance is written, unless agreement for amending such warranties is obtained from underwriters. Execution version re Hull 1689 A Standard form letter of indemnity to be given in return for delivering cargo without production of the original ▇▇▇▇ of Lading B Standard form letter of indemnity to be given in return for delivering cargo at a port other than that stated in the ▇▇▇▇ of Lading C Standard form letter of indemnity to be given in return for delivering cargo at a port other than that stated in the ▇▇▇▇ of Lading and without production of the original ▇▇▇▇ of Lading Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading: [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but the Bills of Lading have not yet arrived and we (insert name of party requesting delivery), hereby request you to give delivery of the said cargo to (insert name of party to whom delivery is to be made) without production of the original Bills of Lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of delivering the cargo to the above consignees in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings. 3. If, in connection with the delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified. 4. As soon as all original Bills of Lading for the above cargo shall have arrived and/or come into our possession to produce and deliver the same to you, whereupon, subject to Clauses 1, 2 and 3 above, our liability hereunder shall cease. 5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. Execution version re Hull 1689 6. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but we, (insert name of party requesting substituted delivery), hereby request you to order the vessel to proceed to and give delivery of the said cargo at the port of (insert name of substitute port) against production of at least one original ▇▇▇▇ of Lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of the vessel proceeding and giving delivery of the cargo at the substitute port in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings. 3. If, in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified. 4. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. Execution version re Hull 1689 5. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading: [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but we, (insert name of party requesting substituted delivery), hereby request you to order the vessel to proceed to and give delivery of the said cargo at the port of (insert name of substitute port) to (insert name of party to whom delivery is to be made) without production of the original ▇▇▇▇(s) of Lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of the vessel proceeding and giving delivery of the cargo without production of the original ▇▇▇▇ of Lading and at a port other than that stated in the ▇▇▇▇ of Lading, in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings. 3. If, in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified. Execution version re Hull 1689 4. As soon as all original Bills of Lading for the above cargo shall have come into our possession to produce and deliver the same to you. 5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. 6. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 This document constitutes the ▇▇▇▇▇ Tests Acceptance Certificate envisaged in Clauses 7(f), 7(i), 7(1) and 7(s) of that certain SRV LNG Carrier Time Charterparty in respect of one 145,000 m3 shuttle and regasification vessel having Builder’s Hull No. 1689, dated [—][—] 2007 (the “Charter”), signifying that: 1) the ▇▇▇▇▇ Tests (as defined in the Charter) have been completed satisfactorily in accordance with the requirements of the Charter and the Specifications; and 2) [the Guaranteed ▇▇▇▇▇ Rate (as defined in the Charter)][an actual ▇▇▇▇▇ rate off [ ]] has been achieved[; and] 3) [no amount is due and payable to Charterer by Owner under Clause 7(n) of the Charter][liquidated damages in the amount of US$[—] (United States Dollars [—]), as calculated in accordance with Clause 7(n) of the Charter are due and payable by Owner in accordance with the provisions of Clause 7(n) of the Charter]. Capitalised words used in this Certificate shall have the meaning accorded them in the Charter. Charterer’s execution of this certificate shall in no respect release Owner from its obligations and liability: a) [to pay to Charterer the amount in liquidated damages referred to in paragraph 3 above]; [and b) under Clause 27(g) of the Charter for the duration of the Term]. Signed on this [ ] day of [ ] 200[ ]: By [ ] By [ ] for and on behalf of for and on behalf of Execution version re Hull 1689 CONSENT AND AGREEMENT (this “Consent”), dated as of , 20 , among (1) , a company organised and existing under the laws of the (the “Charterer”); (2) , as Security Trustee (together with its successors in such capacity, the “Security Trustee”) for the sole benefit of the Finance Parties under the Finance Documents (as each such term is defined below); and (3) , a company organised and existing under the laws of (the “Borrower”).
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Additional Insurances. Nothing herein provided shall prevent Owner from arranging, for its sole benefit and at its own sole expense, additional insurance cover; provided, however, that:
(i) to the extent that any claim amount recoverable under additional insurance (for which Charterer was directly or indirectly to have received a benefit) is reduced by reason of the existence of any such other insurance, Owner shall credit Charterer with the amount of such lost benefit;
(ii) such additional insurance may be purchased but only to the extent permitted by and within the warranties of the conditions on which Vessel’s Hull and Machinery Insurance is written, unless agreement for amending such warranties is obtained from underwriters. Execution version re Hull 1689 A Standard form letter of indemnity to be given in return for delivering cargo without production of the original ▇▇▇▇ of Lading B Standard form letter of indemnity to be given in return for delivering cargo at a port other than that stated in the ▇▇▇▇ of Lading C Standard form letter of indemnity to be given in return for delivering cargo at a port other than that stated in the ▇▇▇▇ of Lading and without production of the original ▇▇▇▇ of Lading Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading: [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but the Bills of Lading have not yet arrived and we (insert name of party requesting delivery), hereby request you to give delivery of the said cargo to (insert name of party to whom delivery is to be made) without production of the original Bills of Lading. In consideration of your complying with our above request, we hereby agree as follows:
1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of delivering the cargo to the above consignees in accordance with our request.
2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings.
3. If, in connection with the delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified.
4. As soon as all original Bills of Lading for the above cargo shall have arrived and/or come into our possession to produce and deliver the same to you, whereupon, subject to Clauses 1, 2 and 3 above, our liability hereunder shall cease.
5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. Execution version re Hull 1689.
6. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading Lading: [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but we, (insert name of party requesting substituted delivery), hereby request you to order the vessel to proceed to and give delivery of the said cargo at the port of (insert name of substitute port) against production of at least one original ▇▇▇▇ of Lading. In consideration of your complying with our above request, we hereby agree as follows:
1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of the vessel proceeding and giving delivery of the cargo at the substitute port in accordance with our request.
2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings.
3. If, in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified.
4. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. Execution version re Hull 1689.
5. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 To: [ ] the Owner of the LNG Carrier (insert name of ship) Ship: [insert name of ship] Voyage: [insert load/discharge port, as stated in the ▇▇▇▇ of Lading] Cargo: [insert description of cargo and quantity] ▇▇▇▇(s) of Lading: [insert identification number, date, place of issue] Dear Sirs, The above cargo was shipped on the above vessel by (insert name of shipper) and consigned to (insert name of consignee or to whose order the ▇▇▇▇ of Lading is made out, as appropriate) for delivery at the port of (insert name of discharge port stated in the ▇▇▇▇ of Lading), but we, (insert name of party requesting substituted delivery), hereby request you to order the vessel to proceed to and give delivery of the said cargo at the port of (insert name of substitute port) to (insert name of party to whom delivery is to be made) without production of the original ▇▇▇▇(s) of Lading. In consideration of your complying with our above request, we hereby agree as follows:
1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expenses of whatsoever nature which you may sustain by reason of the vessel proceeding and giving delivery of the cargo without production of the original ▇▇▇▇ of Lading and at a port other than that stated in the ▇▇▇▇ of Lading, in accordance with our request.
2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, to provide you or them from time to time on demand with sufficient funds to defend the said proceedings.
3. If, in connection with the vessel proceeding and giving delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to you should be arrested or detained, or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability, loss, damage or expenses caused by such arrest or detention or threatened arrest or detention whether or not the same may be justified. Execution version re Hull 1689.
4. As soon as all original Bills of Lading for the above cargo shall have come into our possession to produce and deliver the same to you.
5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity.
6. This indemnity shall be governed by and construed in accordance with English Law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice in London. Yours faithfully, for and on behalf of Charterer signature stating name and position of signatory We join in the above Letter of Indemnity Execution version re Hull 1689 This document constitutes the ▇▇▇▇▇ Tests Acceptance Certificate envisaged in Clauses 7(f), 7(i), 7(17(l) and 7(s) of that certain SRV LNG Carrier Time Charterparty in respect of one 145,000 m3 shuttle and regasification vessel having Builder’s Hull No. 16891688, dated [—][—] 2007 (the “Charter”), signifying that:
1) the ▇▇▇▇▇ Tests (as defined in the Charter) have been completed satisfactorily in accordance with the requirements of the Charter and the Specifications; and
2) [the Guaranteed ▇▇▇▇▇ Rate (as defined in the Charter)][an actual ▇▇▇▇▇ rate off of [ ]] has been achieved[; and]
3) [no amount is due and payable to Charterer by Owner under Clause 7(n) of the Charter][liquidated damages in the amount of US$US$ [—] (United States Dollars [—]), as calculated in accordance with Clause 7(n) of the Charter are due and payable by Owner in accordance with the provisions of Clause 7(n) of the Charter]. Capitalised words used in this Certificate shall have the meaning accorded them in the Charter. Charterer’s execution of this certificate Certificate shall in no respect release Owner from its obligations and liability:
a) [to pay to Charterer the amount in liquidated damages referred to in paragraph 3 above]; [and
b) under Clause 27(g) of the Charter for the duration of the Term]. Signed on this [ ] day of [ ] 200[ ]: By by [ ] By by [ ] for and on behalf of for and on behalf of Execution version re Hull 1689 SRV JOINT GAS LIMITED SUEZ LNG TRADING SA CONSENT AND AGREEMENT (this “Consent”), dated as of , 20 , among (1) , a company organised and existing under the laws of the (the “Charterer”); (2) , as Security Trustee (together with its successors in such capacity, the “Security Trustee”) for the sole benefit of the Finance Parties under the Finance Documents (as each such term is defined below); and (3) , a company organised and existing under the laws of (the “Borrower”).
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