Common use of Crew Management Clause in Contracts

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but is not limited to the following functions: (i) selecting and engaging in Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the Crew; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed; (ix) If the Owners complain of the conduct of any of the Crew, the Managers shall immediately investigate the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possible.

Appears in 8 contracts

Sources: Ship Management Agreement (Double Hull Tankers, Inc.), Ship Management Agreement (Double Hull Tankers, Inc.), Ship Management Agreement (Double Hull Tankers, Inc.)

Crew Management. (only applicable if agreed according to Box 5) 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel as required by the Owners in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 requirements, provision and the requirements of which includes but is not limited to the following functionsthis Agreement. 3.1.2. The Managers shall be responsible for: (i) selecting selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging in Vessel’s Crew, the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel; (iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; (iiiiv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State state requirements. In the absence of applicable flag Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members member leaving their country of domicile and maintained for the duration of their his service on board the Vessel; (ivv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vvi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners; (vivii) providing continuing training of the Crew and supervising their efficiency; (vii) conducting union negotiationsefficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels; (viii) operating whenever the Managers’ drug Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and alcohol policy unless otherwise agreedsafe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions; (ix) If issuing instructions to the Master to keep full and correct log books and furnishing the Owners complain with true and accurate copies of such log books when required; (x) conducting union negotiations (if applicable); (xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the conduct Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto); (xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association (the “Crew Insurances”); (xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and (xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary). 3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners. 3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers. 3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall immediately investigate the complaint. If complaint promptly and, should the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require. 3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment. 3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event communicate that a shortage of crew would be likely to result under the result terms of their investigation the Charter: (i) in the Vessel going off hire under its Charter; or (ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s ▇▇▇▇▇▇▇ shall always remain in compliance with the regulations of the Flag State’s minimum ▇▇▇▇▇▇▇ requirements. Officers CV and accomplished Training Matrix should be provided to the Owners as soon as possiblefor reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.

Appears in 2 contracts

Sources: Ship Management Agreement (GasLog Partners LP), Ship Management Agreement (GasLog Partners LP)

Crew Management. (only applicable if agreed according to Box 5) 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel as required by the Owners in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 requirements, provision and the requirements of which includes but is not limited to the following functionsthis Agreement. 3.1.2. The Managers shall be responsible for: (i) selecting selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging in Vessel’s Crew, the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel; (iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; (iiiiv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State state requirements. In the absence of applicable flag Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members member leaving their country of domicile and maintained for the duration of their his service on board the Vessel; (ivv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vvi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners; (vivii) providing continuing training of the Crew and supervising their efficiency; (vii) conducting union negotiationsefficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels; (viii) operating whenever the Managers’ drug Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and alcohol policy unless otherwise agreedsafe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions; (ix) If issuing instructions to the Master to keep full and correct log books and furnishing the Owners complain with true and accurate copies of such log books when required; (x) conducting union negotiations (if applicable); (xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the conduct Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto); (xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( the “Crew Insurances”); (xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and (xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary). 3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners. 3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers. 3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall immediately investigate the complaint. If complaint promptly and, should the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require. 3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment. 3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event communicate that a shortage of crew would be likely to result under the result terms of their investigation the Charter: (i) in the Vessel going off hire under its Charter; or (ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s ▇▇▇▇▇▇▇ shall always remain in compliance with the regulations of the Flag State’s minimum ▇▇▇▇▇▇▇ requirements. Officers CV and accomplished Training Matrix should be provided to the Owners as soon as possiblefor reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.

Appears in 2 contracts

Sources: Ship Management Agreement, Ship Management Agreement (GasLog Partners LP)

Crew Management. (only applicable if agreed according to Box 5) 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel as required by the Owners in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 requirements, provision and the requirements of which includes but is not limited to the following functionsthis Agreement. 3.1.2. The Managers shall be responsible for: (i) selecting selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging in Vessel’s Crew, the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex“B”) relative to the particular operational status and size of the Vessel; (iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; (iiiiv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State state requirements. In the absence of applicable flag Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members member leaving their country of domicile and maintained for the duration of their his service on board the Vessel; (ivv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vvi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners; (vivii) providing continuing training of the Crew and supervising their efficiency; (vii) conducting union negotiationsefficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels; (viii) operating whenever the Managers’ drug Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and alcohol policy unless otherwise agreedsafe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions; (ix) If issuing instructions to the Master to keep full and correct log books and furnishing the Owners complain with true and accurate copies of such log books when required; (x) conducting union negotiations (if applicable); (xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the conduct Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto); (xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association (the “Crew Insurances”); (xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and (xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary). 3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners. 3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers. 3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall immediately investigate the complaint. If complaint promptly and, should the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require. 3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment. 3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event communicate that a shortage of crew would be likely to result under the result terms of their investigation the Charter: (i) in the Vessel going off hire under its Charter; or (ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s ▇▇▇▇▇▇▇ shall always remain in compliance with the regulations of the Flag State’s minimum ▇▇▇▇▇▇▇ requirements. Officers CV and accomplished Training Matrix should be provided to the Owners as soon as possiblefor reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.

Appears in 1 contract

Sources: Ship Management Agreement (GasLog Partners LP)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag This document is a computer generated ▇▇▇▇▇▇▇ 98 term printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document. State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed; (ix) If the Owners complain of the conduct of any of the Crew, the Managers shall immediately investigate the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possible.

Appears in 1 contract

Sources: Shareholder Agreement (Exmar Energy Partners LP)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but it is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed;. (ix) If ensuring that any complaints from the Owners complain of Time Charterers with respect to the conduct of Master or any of the Crewofficers or Crew are immediately investigated, communicating the Managers shall immediately investigate results of such investigations to the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change Time Charterers and if such complaints are well-founded ensuring that changes in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possibleare made without delay.

Appears in 1 contract

Sources: Ship Management Agreement

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide at their own cost suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirementsRequirements and the Time Charter, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed; (ix) If ensuring that any compliants from the Owners complain of Time Charterers with respect to the conduct of any the Crew are immediately investigated, communicating the results of such investigation to the Crew, the Managers shall immediately investigate the complaint. If the complaint proves to be Time Charterers and if such complaints are well founded, Managers shall, without delay, make a change founded ensuring that changes in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possibleare made without delay.

Appears in 1 contract

Sources: Standard Ship Management Agreement (Ship Finance International LTD)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of m▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed;. (ix) If ensuring that any complaints from the Owners complain of Time Charterers with respect to the conduct of Master or any of the Crewofficers or Crew are immediately investigated, communicating the Managers shall immediately investigate results of such investigations to the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change Time Charterers and if such complaints are well-founded ensuring that changes in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possibleare made without delay.

Appears in 1 contract

Sources: Standard Ship Management Agreement (Arlington Tankers Ltd.)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of m▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed;. (ix) If ensuring that any complaints from the Owners complain of Time Charterers with respect to the conduct of Master or any of the Crewofficers or Crew are immediately investigated, communicating the Managers shall immediately investigate resits of such investigations to the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change Time Charterers and if such complaints are well-founded ensuring that changes in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possibleare made without delay.

Appears in 1 contract

Sources: Standard Ship Management Agreement (Arlington Tankers Ltd.)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirementsVessel, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administrationcontributions (if any) deducted from wages, and insurances for the CrewCrew other than those mentioned in Clause 6, and severance pay, if any on termination of the employment contract; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of m▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations regulations, including Crew’s tax, social insurance, discipline and other requirements; the Managers shall not be liable for any losses and/or damages which may be caused and/or suffered as a result of any fraudulent representations made to them by any party whatsoever as t the certification or qualification of any member of the Crew, of any rank; (iii) ensuring that all members of the Crew have passed a medical examination with by a qualified doctor doctor, certifying that they are fit for the duties for which they are engaged signing on and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements requirements, the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; the Managers shall not be liable for any losses and/or damages which may be caused and/or suffered as a result of any fraudulent representations made to them by any party whatsoever as to the medical certification of any member of the Crew, of any rank, or for any sickness of any of the latter provided that the Managers have fulfilled the first part of this subclause 3.1 (iii); (iv) ensuring that the Crew shall have a command knowledge of the English language of a sufficient standard to enable them to perform their duties safely;. (v) arranging transportation of the Crew, including repatriation; (vi) training Supervising the efficiency of the Crew and supervising their efficiencyCrew; (vii) conducting union negotiations; (viii) operating Implementing the Managers’ drug and alcohol policy policy, unless otherwise agreed; (ix) If the Owners complain of the conduct of any of the Crew, the Managers shall immediately investigate the complaint. If the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possible.

Appears in 1 contract

Sources: Shipmanagement Agreement (Pyxis Tankers Inc.)

Crew Management. (only applicable if agreed according to Box 5) 3.1.1. The Managers shall provide suitably and adequately qualified Crew for the Vessel as required by the Owners in accordance with any requirements of the Owners, as described in the Operational and Maintenance Protocol set forth on Annex “D”, and the provisions of the STCW 95 requirements, provision and the requirements of which includes but is not limited to the following functionsthis Agreement. 3.1.2. The Managers shall be responsible for: (i) selecting selecting, with Owners’ approval, which may be expressed from time to time in the form of standing instructions to the Managers for specific experience and qualification criteria pertaining to the Crew, including but not limited to the Training Matrix, and engaging in Vessel’s Crew, the Crew (subject to the provisions of Clause 3.1.6 below) for the Vessel including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (ii) ensuring at all times the availability and supply of an adequate complement of Crew (including Master, Officers and Ratings complying with Annex “B”) relative to the particular operational status and size of the Vessel; (iii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations (including those standards set forth by the International Transport Workers’ Federation (ITF)) pertaining to Crew’s tax, payroll, social insurance, welfare, discipline and other applicable requirements; (iiiiv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State state requirements. In the absence of applicable flag Flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members member leaving their country of domicile and maintained for the duration of their his service on board the Vessel; (ivv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vvi) arranging transportation of the Crew, including repatriation, at Owners’ cost, unless otherwise arranged by Owners; (vivii) providing continuing training of the Crew and supervising their efficiency; (vii) conducting union negotiationsefficiency and competence, consistent with Owners’ requirements but in any event never less than the applicable international or Flag State standard for LNG vessels; (viii) operating whenever the Managers’ drug Vessel is operational, issuing instructions to the Master in accordance with the requirements of the Owners or Charterers, to trade along the most geographically direct, economical and alcohol policy unless otherwise agreedsafe route (except for any justifiable deviation allowed under English common law or the Hague Visby Rules and including all deviations that may be necessary in an Emergency Situation) and ensuring the Vessel is worked at a fuel-efficient speed consistent both with port arrival instructions given by the Owners and/or Charterers and with sea conditions; (ix) If issuing instructions to the Master to keep full and correct log books and furnishing the Owners complain with true and accurate copies of such log books when required; (x) conducting union negotiations (if applicable); (xi) operating a drug and alcohol policy, prepared by the Managers and approved by the Owners (such approval not to be unreasonably withheld or delayed), which includes, as a minimum, the principles set forth in the “Guidelines for the Control of Drugs and Alcohol Aboard Ship” of the conduct Oil Companies International Marine Forum dated June 1995 (and in an amendments or successors thereto); (xii) ensuring that the Crew and any other person on board the Vessel proceeding to sea shall be insured for the Crew Insurances with a first class insurance company, underwriter or protection and indemnity association ( the “Crew Insurances”); (xiii) ensuring that all premiums or calls in respect of the Crew Insurances are paid promptly by their due date; and (xiv) ensuring that the Crew Insurances shall name the Owners as co-assured (unless advised by the Owners to the contrary). 3.1.3. The Managers shall appoint a superintendent (ship manager) to be responsible for the day to day operation, maintenance and repair of the Vessel, the cost of which shall, subject to Clause 7.4, be included in the Management Fee. Should the Owners have reason to be dissatisfied with the superintendent so appointed, they shall raise their complaint with the Managers. The Managers shall investigate any such complaint promptly and, should the complaint prove to be well founded, the Managers shall replace such superintendent at no extra cost to the Owners. 3.1.4. The Managers shall institute onboard and shall ensure onboard compliance with a uniform standard of dress amongst the crew and officers, and uniform credentialing or identification of all Crew and Officers. 3.1.5. Should the Owners have any reason to be dissatisfied with any of the Crew, they shall raise their complaint with the Managers. The Managers shall immediately investigate the complaint. If complaint promptly and, should the complaint proves to be well founded, Managers shall, without delay, make a change in the appointments and the Managers shall replace the Crew member in question and undertake changes in the appointment of the Crew as the Owners may reasonably require. 3.1.6. The Managers shall employ the Crew in their name and for their own account and, for the avoidance of doubt, the Managers do not have authority to conclude or enter into contracts of employment with the Crew for and on behalf of the Owners and shall indemnify and hold harmless the Owners against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising from the Managers’ breach of this Clause 3.1.6 or in relation to any disputes relating to Crew contracts of employment. 3.1.7. Except as allowed in clause 3.1.2(i), the Managers may not appoint any Senior Officers without the prior approval of the Owners (which shall not be unreasonably withheld or delayed), except that in the event communicate that a shortage of crew would be likely to result under the result terms of their investigation the Charter: (i) in the Vessel going off hire under its Charter; or (ii) an Emergency Situation; and in such circumstances it is not practical for the Managers to wait for Owners’ approval, the Managers may make such temporary appointments as they deem necessary; however, the Vessel’s ▇▇▇▇▇▇▇ shall always remain in compliance with the regulations of the Flag State’s minimum ▇▇▇▇▇▇▇ requirements. Officers CV and accomplished Training Matrix should be provided to the Owners as soon as possiblefor reviewing prior promotion or assignment to a Senior Officer position. The Owners reserve the right to interview and approve all Senior Officers candidates.

Appears in 1 contract

Sources: Ship Management Agreement (GasLog Partners LP)

Crew Management. Eurobulk shall provide, and the Manager shall cause to be provided by Eurobulk or, in the event of the failure of Eurobulk to provide, shall itself provide (only applicable if agreed according or, subject to Box 5) The Managers Clause 10, cause to be provided by a sub-contractor), all usual and customary crew management services for each Vessel and shall provide suitably qualified manage all aspects of the employment of the Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes including, but is not limited to to, the following functionsfollowing: (i) selecting providing suitably qualified Crew for each of the Vessels which, in the opinion of the Eurobulk, is required in accordance with STCW 95 requirements; (ii) selecting, hiring and engaging in each Vessel’s 's Crew, including payroll arrangements, pension administration, and insurances for the CrewCrew other than those mentioned in Clause 6; (iiiii) ensuring that the applicable requirements of the law of the flag of the relevant Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s 's tax, social insurance, discipline and other requirements; (iiiiv) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State state requirements. In the absence of applicable flag State state requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the relevant Vessel; (ivv) ensuring that the all Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (vvi) arranging transportation (including repatriation), board and lodging for the Crew as and when required at rates and types of accommodation as customary in the industry of the Crew, including repatriation; (vivii) training of the Crew and supervising their discipline and efficiency;: (viiviii) conducting union negotiations; (viiiix) developing and operating the Managers’ an appropriate drug and alcohol policy unless otherwise agreedpolicy; (ixx) If ensuring that any concerns of any charterer of a Vessel with respect to the Owners complain of the conduct of Master or any of the Crewofficers or other Crew are appropriately investigated in a timely manner, communicating the Managers shall immediately investigate the complaint. If the complaint proves results of such investigations to be well such charterer and to Euromar and, if such concerns are well-founded, Managers shall, ensuring that any appropriate remedial actions are taken without delay, make a ; (xi) keeping and maintaining full and complete records of any labour agreements which may be entered into with the Crew and reporting to Euromar and/or the relevant Owner (as the case may be) reasonably promptly after notice or knowledge thereof is received of any change or proposed change in labour agreements or other regulations relating to the appointments Crew; (xii) negotiating the settlement of all wages with the Crew during the course of and the Managers shall in any event communicate the result upon termination of their investigation employment; (xiii) handling all details and negotiating the settlement of any and all claims of the Crew including, but not limited to, those arising out of accidents, sickness or death, loss of personal effects, disputes under articles or contracts of enlistment, policies of insurance and fines; and (xiv) keeping and maintaining all Books and Records relating to the Owners Crew as soon required by any Applicable Law and any labour or collective agreements of Euromar and/ or the Owners, and rendering to Euromar any and all reports when, as possibleand in such form as requested by Euromar.

Appears in 1 contract

Sources: Management Agreement (Euroseas Ltd.)

Crew Management. (only applicable if agreed according to Box 5) The Managers shall provide suitably qualified Crew for the Vessel as required by the Owners in accordance with the STCW 95 requirements, provision of which includes but is not limited to the following functions: (i) selecting and engaging in the Vessel’s Crew, including payroll arrangements, pension administration, and insurances for the Crew; (ii) ensuring that the applicable requirements of the law of the flag of the Vessel are satisfied in respect of ▇▇▇▇▇▇▇ levels, rank rank, qualification and certification of the Crew and employment regulations including Crew’s tax, social insurance, discipline and other requirements; (iii) ensuring that all members of the Crew have passed a medical examination with a qualified doctor certifying that they are fit for the duties for which they are engaged and are in possession of valid medical certificates issued in accordance with appropriate flag State requirements. In the absence of applicable flag State requirements the medical certificate shall be dated not more than three months prior to the respective Crew members leaving their country of domicile and maintained for the duration of their service on board the Vessel; (iv) ensuring that the Crew shall have a command of the English language of a sufficient standard to enable them to perform their duties safely; (v) arranging transportation of the Crew, including repatriation; (vi) training of the Crew and supervising their efficiency; (vii) conducting union negotiations; (viii) operating the Managers’ drug and alcohol policy unless otherwise agreed; (ix) the Crew provided under Clause 3.1 does not include additional Crew for lightering duties. During lightering the Manager will arrange for the Vessel to be manned with one additional Chief Officer for VLCC’s and one chief officer, one 2nd engineer, one pumpman and one AB for Aframax long term lightering. (x) If the Owners complain of the conduct of any of the Crew, the Managers shall immediately investigate the complaint. If the complaint proves to be well founded, the Managers shall, without delay, make a change in the appointments and the Managers shall in any event communicate the result of their investigation to the Owners as soon as possible.

Appears in 1 contract

Sources: Ship Management Agreement (DHT Maritime, Inc.)