Towage Agreement

9. (a) The agreement between the Tugowner and the Tenant is subject to English law and the Tugowner and the Tenant hereby agree. Subject to the reservation contained in subsection (b) of this Agreement, the exclusive jurisdiction of the English courts (it being understood that the seat of the Tugowner is located in Scotland where the contract is and is governed by Scottish law and the Tugowner and the lessee hereby accept the exclusive jurisdiction of the Scottish courts). (b) No court other than that provided for in the sub-clause may be appealed unless the tug or lessee has the opportunity to initiate legal proceedings for the arrest or similar appeal against a ship or property of the other party in a jurisdiction where such a ship or property may be located. (M) . Standard Dutch or Scandinavian towing conditions. (Rule 43.3.b Note 1(a)) These conditions are similar to the UK conditions, but they are not identical. For example, the Dutch towing conditions of 1951 protect the tug against claims that trawling may assert against it, for damage caused to the tugboat by the fault of the tug and for damage that may be caused to property owned by a third party as a result of a collision with the tugboat. provided that this was not caused, in whole or in part, by the towing. Like British conditions, Dutch and Scandinavian conditions have become less popular since the introduction of the Towcon and Towhire contracts. However, the Netherlands towing conditions apply, by law, to towing within Netherlands territorial waters where the towing is carried out by a Netherlands shipowner. (c) the entity is responsible for the personal data provided to it by the other party, which ensures that it has the legal right to make available to the company all such personal data and that Compnay can legitimately use it for and in the execution of this Agreement.

However, it must not order the company to delete the personal data it holds. O) . Lloyd`s standard form for rescue agreements. (Rule 43.3.b Note 1.c) Rescue operations often involve towing a ship that is or has been in danger. Coverage is for liabilities, etc. available to the member if the vessel provides towing services in accordance with the terms of Lloyd`s Standard Form of Salvage Agreement, better known as Lloyd`s Open Form or LOF. (K) . Towing in normal business and.

to the contractual conditions approved by the association. (Rule 43.3.b) Notwithstanding the general exclusion of coverage set out in Regulation 43.3 for certain liabilities, costs and expenses, cover shall nevertheless be available for commitments entered into by the Member, etc., where the ship is registered as a tug or similar type of ship that provides towing services in the course of its normal activities, provided that such operations are governed by contractual conditions, which have been approved by the association….

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