BOTH-TO-BLAME COLLISION Clause Samples

The Both-to-Blame Collision clause allocates liability when two vessels are both at fault in a collision. In practice, this clause typically stipulates how losses and damages are shared between the parties involved, often requiring the cargo owner to contribute to the shipowner’s liability if both the ship and another vessel are responsible for the incident. Its core function is to clarify and apportion financial responsibility in situations where mutual fault exists, thereby reducing disputes and uncertainty over compensation following a maritime collision.
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BOTH-TO-BLAME COLLISION. If the ship contacts, collides or nearly contacts or collides with another ship or object as a result of the negligence of the other ship or object and any act, neglect or default of the Master, mariner, pilot or the servants of ▇▇▇▇ in the navigation or in the management of the ship and loss or damage is caused by such contact, collision or narrowly- avoided contact or collision, the Merchant shall indemnify ▇▇▇▇ against all loss or liability to the other or non-carrying ship or object of their owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or object of their owners to the Merchant and set off, compensated, recouped or recovered by the other or non-carrying ship or object of their owners as part of their claim against the carrying ship or ▇▇▇▇ These provisions shall also apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the ships or objects involved in the contact, collision or narrowly-avoided contact or collision are at fault in respect of the contact, collision or narrowly-avoided contact or collision.
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BOTH-TO-BLAME COLLISION. 24. 1. The Both-to-Blame Collision and New ▇▇▇▇▇ ▇▇▇▇▇▇▇ published and/or approved by BIMCO and obtainable from Carrier or its agent upon request are incorporated herein.
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BOTH-TO-BLAME COLLISION. If the (carrying) ship comes into collision with another ship as a result of the negligence of the other ship and any act neglected or default in the navigation or the management of the carrying ship the Merchant undertakes to pay the Carrier or where the Carrier as trustee for the owner and or demise character of the carrying ship a sum, sufficient to indemnify the Carrier and or the owner and or demise charterer of the carrying ship against all loss or liability to the other non-carrying ship or her owners insofar as such loss or liability represents loss or damage to or any claim whatsoever of the Merchant paid or payable by the other or non-carrying ship or her own to the Merchant and set off reoccupied are recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or her owner or demise charter of the Carrier. The foregoing provisions shall also apply where the owner’s operators or those in charge of any ship or ships or objections other than or in addition to the colliding ships or objects are at fault in respect to a collision contact standing or other accident
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BOTH-TO-BLAME COLLISION. If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect, or default of the Master, mariner, pilot, or the servants of Carrier in the navigation or in the management of the Vessel, then Merchant shall indemnify Carrier from and against all loss or liability to the other or non-carrying vessel or its owners insofar as such loss or liability represents loss of, or damage to, or any claim of Merchant, paid or payable by the other or non-carrying vessel or her owners to Merchant and set-off, recouped, or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or Carrier. The above provisions shall also apply where the owners, operators, or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects, are at fault in respect of a collision or contact.
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BOTH-TO-BLAME COLLISION. 24.1 The Both−to−Blame Collision and New ▇▇▇▇▇ ▇▇▇▇▇▇▇ published and/or approved by BIMCO and obtainable from Carrier or its agent upon request are incorporated herein. See following sub-rules Chassis Usage Charge will be assessed for all chassis out-gated anywhere in the USA pursuant to the following: First 5 days - 75.00 flat fee: Extended use 20.00 per day per chassis. When two or more freight rates are named for the same commodity over the same route and under similar conditions, and the application is dependent upon the quantity of the commodity shipped, the total freight charges assessed against the shipment may not exceed the total charges computed for a larger quantity, if the Tariff Line Item specifying a required minimum quantity either weight or measurement per container or in containers and if the minimum set forth is met or exceeded. At the shipper's option, a quantity less than the minimum level may be freighted at the lower Tariff Line Item if, the weight or measurement declared for rating purposes is increased to the minimum level. A. The liability of the Carrier as to the value of shipments at the rates herein provided shall be determined in accordance with the clauses of the Carrier's regular Bill of Lading form. B. If the Shipper desires to be covered for a valuation in excess of that allowed by the Carrier's regular Bill of Lading form, the Shipper must so stipulate in ▇▇▇▇▇▇▇'▇ ▇▇▇▇ of Lading covering such shipments and such additional liability only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charge based on the total declared valuation in addition to the stipulated rates applying to the commodities shipped as specified herein. C. Where value is declared on any piece or package in excess of the Bill of Lading limit of value of $500.00 the Ad Valorem rate, specifically provided against the item, shall be three (5%) percent of the value declared in excess of the said Bill of Lading limit of value and is in addition to the base rate. A. DEFINITION: For the purpose of this Rule "Co-Loading means the combining of cargo, in the import or export foreign commerce of the United States, by two or more NVOCC's for tendering to the ocean carrier under the name of one or more of the NVOCCs. ▇. ▇▇▇▇▇▇▇ engages in co-loading by tendering cargo and/or receiving cargo from other NVOCC's from time to time. C. When shipper's cargo is tendered for co-loading to other NVOCCs the tendering NVOCC shall be l...
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BOTH-TO-BLAME COLLISION. If any ▇▇▇▇▇▇ boat working under these Standard Terms collides with another Vessel as a result of mutual negligence or fault of the other Vessel and ▇▇▇▇▇▇’▇ own crew, ▇▇▇▇▇▇ will only be responsible for its own pro rata share of fault and that any other recovery due to Customer will be made from the offending Vessel based upon its proportion of fault; Customer shall not seek (and shall not allow others to seek on its behalf) to recover from ▇▇▇▇▇▇ more than ▇▇▇▇▇▇’▇ pro rata share of fault by holding ▇▇▇▇▇▇ jointly and severally liable with the offending Vessel. ▇▇▇▇▇▇ is entitled to the same remedies for damages resulting from joint fault in connection with other contractors, platforms, terminal operations, or any combination thereof.
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BOTH-TO-BLAME COLLISION. 24.1 The Both-to-Blame Collision and New ▇▇▇▇▇ ▇▇▇▇▇▇▇ published and/or approved by BIMCO and obtainable from Carrier or its agent upon request are incorporated herein. A. Compensation to be paid only to Freight Forwarders who are licensed or otherwise authorized by the Federal Maritime Commission. B. Compensation shall be paid only if the freight forwarder has performed, in addition to the solicitation and securing of the cargo for the ship or the booking of, or otherwise arranging for space for such cargo, two or more of the following services: 1) The coordination of the movement of the cargo to shipside 2) The preparation and processing of the ocean Bill of Lading 3) The preparation and processing of dock receipts or delivery orders 4) The preparation and processing of consular documents or export declarations 5) The payment of the ocean freight charges on the cargo C. Compensation shall be paid upon presentation of a duly certified invoice and may not be deducted from ocean freight and other charges due in accordance with rates and conditions in this Tariff. ▇. ▇▇▇▇▇ for compensation will not be honored unless presented to carrier within sixty days of the date of clearance of vessel. E. Compensation will not be paid on through Bill of Lading cargo originating at port of loading beyond the application of this tariff. F. No compensation shall be paid to anyone at port or ports of destination. ▇. ▇▇▇▇▇▇▇ Forwarders who are also Licensed Custom House Brokers shall be paid compensation as specified below based on the aggregate of all NRAs and charges applicable under this tariff, subject to the above conditions and exceptions. ▇. ▇▇▇▇▇▇▇ Forwarder Compensation shall be as specified in each individual NRA, if any.
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Related to BOTH-TO-BLAME COLLISION

  • Name Collision Report Handling 6.3.1 During the first two years after delegation of the TLD, Registry Operator’s emergency operations department shall be available to receive reports, relayed by ICANN, alleging demonstrably severe harm from collisions with overlapping use of the names outside of the authoritative DNS. 6.3.2 Registry Operator shall develop an internal process for handling in an expedited manner reports received pursuant to subsection 6.3.1 under which Registry Operator may, to the extent necessary and appropriate, remove a recently activated name from the TLD zone for a period of up to two years in order to allow the affected party to make changes to its systems.

  • Aircraft This peril includes self-propelled missiles and spacecraft.

  • Name Collision Occurrence Assessment 6.2.1 Registry Operator shall not activate any names in the DNS zone for the Registry TLD except in compliance with a Name Collision Occurrence Assessment provided by ICANN regarding the Registry TLD. Registry Operator will either (A) implement the mitigation measures described in its Name Collision Occurrence Assessment before activating any second-­‐level domain name, or (B) block those second-­‐level domain names for which the mitigation measures as described in the Name Collision Occurrence Assessment have not been implemented and proceed with activating names that are not listed in the Assessment. 6.2.2 Notwithstanding subsection 6.2.1, Registry Operator may proceed with activation of names in the DNS zone without implementation of the measures set forth in Section 6.2.1 only if (A) ICANN determines that the Registry TLD is eligible for this alternative path to activation of names; and (B) Registry Operator blocks all second-­‐level domain names identified by ICANN and set forth at <▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/en/announcements-­‐and-­‐ media/announcement-­‐2-­‐17nov13-­‐en> as such list may be modified by ICANN from time to time. Registry Operator may activate names pursuant to this subsection and later activate names pursuant to subsection 6.2.1. 6.2.3 The sets of names subject to mitigation or blocking pursuant to Sections 6.2.1 and 6.2.2 will be based on ICANN analysis of DNS information including "Day in the Life of the Internet" data maintained by the DNS Operations, Analysis, and Research Center (DNS-­‐OARC) <▇▇▇▇▇://▇▇▇.▇▇▇-­‐▇▇▇▇.▇▇▇/▇▇▇▇/▇▇▇▇/▇▇▇▇>. 6.2.4 Registry Operator may participate in the development by the ICANN community of a process for determining whether and how these blocked names may be released. 6.2.5 If ICANN determines that the TLD is ineligible for the alternative path to activation of names, ICANN may elect not to delegate the TLD pending completion of the final Name Collision Occurrence Assessment for the TLD, and Registry Operator’s completion of all required mitigation measures. Registry Operator understands that the mitigation measures required by ICANN as a condition to activation of names in the DNS zone for the TLD may include, without limitation, mitigation measures such as those described in Section 3.2 of the New gTLD Name Collision Occurrence Management Plan approved by the ICANN Board New gTLD Program Committee (NGPC) on 7 October 2013 as found at <▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/en/groups/board/documents/resolutions-­‐ new-­‐gtld-­‐annex-­‐1-­‐07oct13-­‐en.pdf>.

  • Engine A. Any internal repairs or replacement of internal components, or replacement of engine assembly.

  • Name Collision Occurrence Management 6.1. No-­‐Activation Period. Registry Operator shall not activate any names in the DNS zone for the Registry TLD (except for "NIC") until at least 120 calendar days after the effective date of this agreement. Registry Operator may allocate names (subject to subsection 6.2 below) during this period only if Registry Operator causes registrants to be clearly informed of the inability to activate names until the No-­‐Activation Period ends.