Common use of Vessel Nomination Clause in Contracts

Vessel Nomination. 22.1 Unless otherwise agreed in the Schedule, Buyer will, at least fifteen (15) days before the first day of the agreed loading date range, provide to Seller by electronic mail the following details necessary to implement this Agreement: 22.1.1 a Q88 questionnaire of the nominated ▇▇▇▇▇▇ and/ or the name of the vessel, date built, summer deadweight, flag and cargo tank capacity excluding slop tanks; 22.1.2 the expected date of the Vessel’s arrival at the Terminal; 22.1.3 the quantity and quality of the grade(s) of Product to be loaded; and 22.1.4 charter party demurrage rate of the nominated Vessel or its substitute. 22.2 In case of rejection, ▇▇▇▇▇ will, as soon as possible, nominate to Seller an alternative Vessel for Seller’s prompt acceptance or rejection, and, in the case of the latter, the Parties will negotiate a mutually acceptable nomination. 22.3 Buyer may, if necessary, to perform its obligations hereunder and with ▇▇▇▇▇▇’s prior written consent, substitute any Vessel with another Vessel which is similar in all material respects to the Vessel so replaced. Buyer may also, with ▇▇▇▇▇▇’s prior written consent and by giving Seller reasonable notice, amend in other respects any Vessel nomination or series of Vessel nominations. If such amendment is rejected by Seller, the Parties will negotiate a mutually acceptable alternative Vessel nomination. 22.4 Buyer warrants, undertakes and indemnifies Seller for any loss incurred as a consequence of failure to keep to the undertaking that: 22.4.1 it is familiar with the latest Vessel size restrictions, including but not limited to, deadweight, draught, beam and overall length limitations of the Terminal and will not nominate a Vessel exceeding such limitations; 22.4.2 it is familiar with, and will cause the Vessel to comply with, all regulations in force at the terminal, including but not limited to, those relating to fires on board Vessels; and 22.4.3 it shall ensure that each Vessel nominated hereunder will, at the time of loading: 22.4.3.1 comply with all applicable rules, regulations and directions of the governmental, local and terminal authorities and will conform in all material respects to all relevant international regulations and agreements; 22.4.3.2 have hull, machinery, boilers, tanks, equipment and facilities which are in good order and condition, in every way fit for the service required and fit to carry the cargo specified; 22.4.3.3 have a full and efficient complement of master, officers and crew; and 22.4.3.4 be owned or demise chartered throughout the entire period of the voyage to and from the loading terminal by a member of the International Tanker Owners Pollution Federation Limited (“ITOPF”); and 22.4.3.5 it is familiar with and shall comply with Seller SHEQ policies. 22.4.4 Buyer shall ensure that any Vessel nominated to Seller has on board a valid International Safety Management (ISM) code safety management certificate for the Vessel, and a certified copy of the Vessels’ manager’s document of compliance as required by the IMS code and SOLAS convention 1974 as amended. 22.4.5 All applicable governmental, local and port authority regulations, Seller’s, Seller Supplier’s and/or Delivery Point Operator’s regulations, procedures and any other requirement of any nature whatsoever in force at the Delivery Point at the time of delivery shall apply to Buyer’s Vessel (including for determining at what time and date any N.O.R. tendered by the Master or his representative is effective).

Vessel Nomination. 22.1 E.1 Unless otherwise agreed agreed, in the Schedulerespect of any Nomination, Buyer will, Buyers shall at least fifteen five (155) days before the first day of the agreed loading date range, provide to Seller range notify Sellers by electronic mail the following details necessary to implement this Agreement: 22.1.1 a Q88 questionnaire telex of the nominated ▇▇▇▇▇▇ and/ or the name and summer deadweight tonnage of the vessel, date built, summer deadweight, flag vessel to be used and cargo tank capacity excluding slop tanks; 22.1.2 the expected date of the Vessel’s that vessel's arrival at the Terminal; 22.1.3 loading port, and shall provide Sellers with any other vessel details necessary for the quantity and quality purpose of implementing the grade(sagreement. Sellers shall give notice accepting or rejecting any vessel nomination within one (1) London working day after receipt of Product to be loaded; and 22.1.4 charter party demurrage rate of the nominated Vessel or its substitute. 22.2 such nomination, but shall not reject any such nomination unreasonably. In case of rejection, ▇▇▇▇▇ willBuyers shall, as soon as possible, nominate to Seller Sellers an alternative Vessel vessel for Seller’s Sellers' prompt acceptance or rejection, and, in the case of the latter, the Parties will parties shall negotiate a mutually acceptable nomination. Buyers' nomination shall be consistent with the loading port authority requirements and shall include, but shall not be limited to, the vessel's name, flag, crew nationality, capacity, length, beam, summer deadweight and draught together with the quantity of REBCO, Karakuduk Crude Oil or CPC Blend (as the case may be) to be loaded. If any of this detail is unknown at the time of nomination then such missing detail should be advised no later than seven days prior to the first day of the agreed loading range. 22.3 Buyer E.2 Buyers may, or if necessary, necessary to perform its their obligations hereunder and must, with ▇▇▇▇▇▇’s Sellers' prior written consentagreement, substitute any Vessel with vessel by another Vessel vessel which is similar in all material respects to the Vessel vessel so replaced. Buyer Buyers may also, with ▇▇▇▇▇▇’s Sellers' prior written consent agreement and by giving Seller Sellers reasonable notice, amend in other respects any Vessel vessel nomination or series of Vessel vessel nominations. If such amendment is rejected by SellerSellers, the Parties will parties shall negotiate a mutually acceptable alternative Vessel vessel nomination. Buyers shall not, unless otherwise agreed, be relieved of its responsibility to perform the agreed loading. 22.4 Buyer warrants, undertakes E.3 Buyers hereby warrant and indemnifies Seller for any loss incurred as a consequence of failure to keep to the undertaking that:undertake that:- 22.4.1 it is i. they are familiar with the latest Vessel vessel size restrictions, including but not limited to, deadweight, draught, beam and overall length limitations of the Terminal loading port and will not nominate a Vessel vessel exceeding such limitations; 22.4.2 it is ii. they are familiar with, and will cause shall instruct the Vessel vessel to comply with, all applicable regulations in force at the terminalloading port, including including, but not limited towithout limitation, those relating to fires on board Vesselsvessels; and 22.4.3 it iii. they shall ensure that instruct each Vessel vessel nominated hereunder willhereunder, at the time of loading: 22.4.3.1 (a) to comply with all applicable rules, regulations and directions of the governmental, local and terminal port authorities (and will of the loading terminal) and shall conform in all material respects to all relevant international regulations and agreements; 22.4.3.2 (b) to have hull, machinery, boilers, tanks, equipment and facilities which are in good order and condition, in every way fit for the service required and fit to load and carry the cargo specified;; and 22.4.3.3 (c) have a full and efficient complement of master, officers and crew; and. 22.4.3.4 be E.4 Buyers warrant and undertake that (for each vessel nominated to carry a cargo) the vessel is owned or demise chartered throughout the entire period of the voyage to and from the loading terminal by a member of the International Tanker Owners Pollution Federation Limited Ltd (“ITOPF”); and. Buyers shall exercise reasonable efforts to ensure that: 22.4.3.5 it is familiar with i. the vessel carries on board a valid certificate of insurance as described in the 1969 Civil Liability Convention for Oil Pollution Damage and shall comply with Seller SHEQ policiesthe International Convention on Civil Liability for Oil Pollution Damage 1992; ii. the vessel has in place insurance cover for oil pollution no less in scope and amounts than the highest available under the Rules of P&I Clubs entered into the International Group of P&I Clubs. 22.4.4 Buyer E.5 Buyers shall exercise reasonable efforts to ensure that any Vessel vessel nominated to Seller Sellers has on board a valid safety management certificate for the vessel issued pursuant to the International Safety Management (ISM) code safety management certificate for the Vessel, and a certified copy of the Vessels’ vessel's manager’s 's document of compliance as required by issued pursuant to the IMS code and SOLAS convention 1974 as amended. 22.4.5 All applicable governmental, local and port authority regulations, Seller’s, Seller Supplier’s and/or Delivery Point Operator’s regulations, procedures and any other requirement of any nature whatsoever in force at the Delivery Point at the time of delivery shall apply to Buyer’s Vessel (including for determining at what time and date any N.O.R. tendered by the Master or his representative is effective).