L.O.I. for Comingling Cargo Onboard


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Date : ..................... To : The Owners of M/T C/O : TSAKOS SHIPPING AND TRADING S.A. Athens/Greece. Whereas M/T .... is chartered to ..... (insert full style name and address) (hereinafter called ''the Charterers'')under C/P dated ...... and loaded following cargoes : (1) 1. Port of loading: 2. Bill of Lading Number: 3. Bill of Lading Date: 4. Shippers: 5. Cargo grade/name: 6. Quantity: 7. Consignees: 8. Destination: (2) 1. Port of loading: 2. Bill of Lading Number: 3. Bill of Lading Date: 4. Shippers: 5. Cargo grade/name: 6. Quantity: 7. Consignees: 8. Destination: (3) 1. Port of loading: 2. Bill of Lading Number: 3. Bill of Lading Date: 4. Shippers: 5. Cargo grade/name: 6. Quantity: 7. Consignees: 8. Destination: The Charterers have further requested: (AA) That the vessel loads the following additional cargoes: (a) At one or two safe ports ......., a quantity of about ....... metric tonnes of ...... (b) (b) At the port of ........, a quantity of about ..... metric tonnes of ......... (BB) That after loading cargo from ..... and while on route to ........ vessel is to transfer all cargoes evenly from all cargo tanks including slop tanks) across to all tanks, such that cargoes supplied from ...... can be loaded in an even ratio to all cargo tanks. IN CONSIDERATION OF YOUR COMPLYING WITH OUR ABOVE REQUESTS WE HEREBY AGREE AS FOLLOWS: 01. THAT ALL RESPONSIBILITIES, RISKS AND LIABILITIES FOR AND INCIDENTAL TO THE PERFORMANCE OF THE COMINGLING OPERATION AND ALL CONSEQUENCES HOWSOEVER ARISING THEREFROM ARE FOR OUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE COSTS OF ANY DELAYS AT THE RATE OF DEMURRAGE UNDER ABOVE CHARTER PARTY, PLUS COSTS OF BUNKERS CONSUMPTION. 02. WE ACCEPT FULL RESPONSIBILITY AND RISK FOR THE SUCCESS OR OTHERWISE OF THE COMINGLING OPERATION AND IN PARTICULAR FOR THE SPECIFICATION OF THE RESULTING COMINGLED CARGO AND THE CONSEQUENCES OF ANY FAILURE OF THE SAID OPERATION ARISING FROM THE NEGLIGENCE OF MASTER, OFFICERS, CREW AND/OR OWNERS AND/OR OWNERS' SERVANTS OR FROM ANY OTHER CAUSE ARE FOR OUR ACCOUNT. 03. BEFORE THE COMINGLING OPERATION COMMENCES, (a) TO OBTAIN AND PROVIDE YOU WITH WRITTEN CONFIRMATION OF AUTHORITY TO PERFORM THE AFORESAID COMINGLING OPERATION AND TO SIGN THIS LETTER OF INDEMNITY ON THEIR BEHALF FROM: (i) THE IDENTIFIED CONSIGNEES AS RECORDED ON THE BILLS OF LADING FOR THE CARGOES LOADED AT ......., (ii) THE IDENTIFIED OWNERS OF THE CARGOES TO BE LOADED AT ................ 04. WHETHER BEFORE, DURING OR AFTER DISCHARGE, TIME TO BE PAID FOR BY US AT THE RATE OF DEMURRAGE UNDER ABOVE CHARTER PARTY, PLUS COSTS OF BUNKERS CONSUMPTION FOR ALL TIME ACTUALLY SPENT TO CLEAN THE TANKS, LINES AND PUMPS OF THE VESSEL TO THE SATISFACTION OF SURVEYORS APPOINTED BY YOU, SUCH OPERATIONS TO BE AT OUR OWN RISK AND EXPENSE, OR OTHERWISE LOST FOR ANY REASON WHATSOEVER CONNECTED WITH THE COMINGLING OPERATION. 05. TO INDEMNIFY YOU IN RESPECT OF ANY LOSS OR DAMAGE TO THE VESSEL INCLUDING ITS TANKS, PUMPS AND LINES, CAUSED OR PARTLY CAUSED BY THE COMINGLING OPERATION. 06. TO PAY YOU ON DEMAND THE AMOUNT OF ANY LOSS OR DAMAGE OF WHATSOEVER NATURE WHICH THE MASTER AND/OR AGENTS OF THE VESSEL AND/OR ANY OTHER OF YOUR SERVANTS OR AGENTS WHATSOEVER MAY INCUR AS A RESULT OF THE VESSEL COMINGLING THE CARGO AND/OR SUBSTITUTING THE BS/L AS AFORESAID. 07. 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 COMPLYING WITH OUR ABOVE REQUESTS. 08. IN THE EVENT OF ANY PROCEEDINGS BEING COMMENCED AGAINST YOU OR ANY OF YOUR SERVANTS OR AGENTS BY REASON OF COMPLYING WITH OUR ABOVE REQUESTS TO PROVIDE YOU OR THEM ON DEMAND WITH FIRST CLASS BANK SECURITY TO THE SATISFACTION OF THE CLAIMANTS AND/OR SUFFICIENT FUNDS TO DEFEND THE SAME. 09. IF, IN CONNECTION WITH THE DELIVERY OF THE CARGO AS AFORESAID, THE SHIP OR ANY OTHER SHIP OR PROPERTY IN THE SAME OR ASSOCIATED OWNERSHIP, MANAGEMENT OR CONTROL, SHOULD BE ARRESTED OR DETAINED OR SHOULD THE ARREST OR DETENTION THEREOF BE THREATENED OR SHOULD THERE BE ANY INTERFERENCE IN THE USE OR TRADING OF THE VESSEL (WHETHER BY VIRTUE OF A CAVEAT BEING ENTERED ON THE SHIP'S REGISTRY OR OTHERWISE HOWSOEVER), 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 SHIP OR PROPERTY OR TO REMOVE SUCH INTERFERENCE AND TO INDEMNIFY YOU IN RESPECT OF ANY LIABILITY, LOSS, DAMAGE OR EXPENSE CAUSED BY SUCH ARREST OR DETENTION OR THREATENED ARREST OR DETENTION OR SUCH INTERFERENCE, WHETHER OR NOT SUCH ARREST OR DETENTION OR THREATENED ARREST OR DETENTION OR SUCH INTERFERENCE MAY BE JUSTIFIED. 10. AS SOON AS ALL ORIGINAL Bs/L OF THE ABOVE CARGO SHALL HAVE COME INTO OUR POSSESSION TO DELIVER THE SAME TO YOU. 11. 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. 12. THIS INDEMNITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW AND EVERY PERSON LIABLE UNDER THIS INDEMNITY SHALL AT YOUR REQUEST SUBMIT TO THE JURISDICTION OF THE HIGH COURT OF JUSTICE OF ENGLAND. YOURS FAITHFULLY, ......................... .......................... For and on behalf of For and on behalf of .......................... .......................... Charterers (Consignees) under B/L No. issued at (port/date) ......................... ......................... For and on behalf of For and on behalf of .......................... ......................... (Consignees) (Consignees) under B/L No. under B/L No. issued at (port/date) issued at (port/date)