Both to Blame Collision Clause. (A) The following provision shall apply in determining liability for any collision involving the Vessel while performing under this charter: “If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the Owners of the cargo carried hereunder will indemnify the Carrier against all costs or liability to the other or non-carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Owners of said cargo, paid or payable by the other or non-carrying ship or her Owners as part of their Claim against the carrying Vessel of Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.” (B) Charterers shall see that any bills of lading issued hereunder contain a provision in the foregoing terms.
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Sources: Refrigerated Vessel Time Charter (Chiquita Brands International Inc), Long Period Charter (Chiquita Brands International Inc)