Common use of Familiarization Clause in Contracts

Familiarization. (a) Prior to the delivery but after the sea trials, the BUYER may send their crew to the Shipyard in preparation for the delivery with the SELLERS’ and/or BUILDER’s consent. The above mentioned Observers and crew of the BUYER shall not interfere with or obstruct in any way the BUILDER's supervision during the construction of the VESSEL and/or the building schedule of the BUILDER, but shall be given free and ready access to the VESSEL, its hull, machinery, equipment, coatings and out-fittings in the Shipyard only and in such way not to obstruct smooth construction of the VESSEL. (b) The Observers and the crew shall at all times be deemed to be the employees of the BUYER and not of the BUILDER and the SELLERS. The BUILDER and the SELLERS shall be under no liability whatsoever to the BUYER, the Observers and the crew for personal injuries, including death, suffered during the time when he or they are on the VESSEL, or within the premises of the Shipyard, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, were caused by a gross negligence of the BUILDER and/or the SELLERS, or of any of its employees or agents or subcontractors. Nor shall the BUILDER or the SELLERS be under any liability whatsoever to the BUYER, the Observers and the crew for damage to, or loss or destruction of property in Japan of the BUYER or of the Observers and the crew, unless such damage, loss or destruction were caused by a gross negligence of the BUILDER and/or the SELLERS, or of any of its employees or agents or subcontractors.

Familiarization. (a) Prior to the delivery but after the sea trialstrial, the BUYER may send their crew to the Shipyard in preparation for the delivery with the SELLERS’ SELLER’s and/or the BUILDER’s consent. Up to four crews (Master, Chief Engineer, Chief Officer and 1st Engineer) shall be allowed to attend the vessel during sea trials. The above mentioned Observers and crew of the BUYER shall not interfere with or obstruct in any way the BUILDER's ’s supervision during the construction of the VESSEL and/or the building schedule of the BUILDER, but shall be given free and ready access to the VESSEL, its hull, machinery, equipment, coatings and out-fittings in the Shipyard only and in such way not to obstruct smooth construction of the VESSELVessel. (b) The Observers and the crew shall at all times be deemed to be the employees of the BUYER and not of the BUILDER and SELLER and/or the SELLERSBUILDER. The SELLER and/or the BUILDER and the SELLERS shall be under no liability whatsoever to the BUYER, the Observers and the crew for personal injuries, including death, suffered during the time when he or they are on the VESSEL, or within the premises of the Shipyard, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, were caused by a gross negligence of the BUILDER SELLER and/or the SELLERSBUILDER, or of any of its employees or agents or subcontractors. Nor shall the SELLER and/or the BUILDER or the SELLERS be under any liability whatsoever to the BUYER, the Observers and the crew for damage to, or loss or destruction of property in Japan of the BUYER or of the Observers and the crew, unless such damage, loss or destruction were caused by a gross negligence of the BUILDER SELLER and/or the SELLERSBUILDER, or of any of its employees or agents or subcontractors.