Common use of DELIVERIES - CHARTERING Clause in Contracts

DELIVERIES - CHARTERING. A/ - Deliveries shall be made in bulk on board vessels chartered by the Buyer and shall be spread as evenly as possible over all the duration of the sale contract. Phosphate rock of other origins shall not be loaded on vessels thus chartered without prior authorization, of the Seller. B/ - Prior to the chartering of each vessel, the Buyer shall secure the agreement of the Seller on the specifications of the vessel as well as on the quality and quantity of phosphate rock to be loaded and on laydays. The Seller shall then indicate the amount of the deposit for disbursements at the loading port to be made by the Shipowner. If the product to be loaded is available in two ports, it shall be the option of the Seller to load in either of these ports. Such option shall however be announced by the Seller at the latest when he receives the seventy two (72) hours notice provided for in the “Chartering Conditions on Shipment” annexed hereto. With the Seller’s agreement, other lots of the same grade to be shipped to other Receivers may be loaded on board the vessel chartered by the Buyer. In such case, if the various lots are not stowed in separate holds, they will be invoiced to each Receiver on the basis of the corresponding individual xxxx of lading; the Seller not being involved in the distribution of the cargo at the unloading port. C/ - Vessels for transportation of phosphate rock shall be chartered under the conditions annexed hereto (Chartering Conditions on Shipment). In case the Charter Party signed by the Buyer does not, for whatever reason, include such conditions or the ship’s Master refuses to abide by them, the Seller shall debit the Buyer with any ensuing difference. D/ - Prior to arrival of the vessel at the loading port, the Shipowner shall credit the Seller’s account, at a bank to be indicated by the latter, with a sufficient deposit in US Dollars to cover disbursements at the loading port, including possible despatch-money. Should such a deposit not be made in due time or its amount not be sufficient to cover actual disbursements, the Seller shall reserve the right to refuse loading or keep the vessel until such time when necessary funds are received. ___________ (*****) SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (*****) If however the Seller were to allow the ship’s Master to hold over payment of whole or part of the amount of the disbursements in pursuance of Clause C of the Chartering Conditions on Shipment, the Buyer shall be advised by the Seller accordingly and shall be responsible vis-a-vis the Seller for the settlement of all the amount remaining due increased by an interest on arrears of 1% for each month as from the xxxx of lading date; a portion of a month being counted as a whole month.

DELIVERIES - CHARTERING. A/ - Deliveries shall be made in bulk on board vessels chartered by the Buyer and shall be spread as evenly as possible over all the duration of the sale contract. Phosphate rock of other origins shall not be loaded on vessels thus chartered without prior authorization, authorization of the Seller. B/ - Prior to the chartering of each vessel, the Buyer shall secure the agreement of the Seller on the specifications of the vessel as well as on the quality and quantity of phosphate rock to be loaded and on laydays. The Seller shall then indicate the amount of the deposit for disbursements at the loading port to be made by the Shipowner. If the product to be loaded is available in two ports, it shall be the option of the Seller to load in either of these ports. Such option shall however be announced by the Seller at the latest when he receives the seventy two (72) hours notice provided for in the “"Chartering Conditions on Shipment” " annexed hereto. With the Seller’s 's agreement, other lots of the same grade to be shipped to other Receivers may be loaded on board the vessel chartered by the Buyer. In such case, if the various lots are not stowed in separate holds, they will be invoiced to each Receiver on the basis of the corresponding individual xxxx of lading; , the Seller not being involved in the distribution of the cargo at the unloading port. C/ - Vessels for transportation of phosphate rock shall be chartered under the conditions annexed hereto (Chartering Conditions on Shipment). In case the Charter Party signed by the Buyer does not, for whatever reason, include such conditions or the ship’s 's Master refuses to abide by them, the Seller shall debit the Buyer with any ensuing difference. D/ - Prior to arrival of the vessel at the loading port, the Shipowner shall credit the Seller’s 's account, at a bank to be indicated indicted by the latter, with a sufficient deposit in US Dollars to cover disbursements disbursments at the loading port, including possible despatch-money. Should such a deposit not be made in due time or its amount not be sufficient to cover actual disbursementsdisbursments, the Seller shall reserve the right to refuse loading or keep the vessel until such time when necessary funds are received. ___________ (*****) SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (*****) If however the Seller were to allow the ship’s 's Master to hold over payment of whole or part of the amount of the disbursements disbursments in pursuance of Clause C of the Chartering Conditions on Shipment, the Buyer shall be advised by the Seller accordingly and shall be responsible vis-a-vis the Seller for the settlement of all the amount remaining due increased by an interest on arrears of 1% for each month as from the xxxx of lading date; a portion of a month being counted as a whole month. E/ - As soon as the vessel has left the loading port, the Seller shall inform the Buyer, by telex or telegraph, of the quantity loaded as well as the day and time of departure of the vessel, her estimated date of arrival at the unloading port and, should it be the case, the amount of disbursments or the part of disbursments which has not been paid in cash.

DELIVERIES - CHARTERING. A/ - Deliveries shall be made in bulk on board vessels chartered by the Buyer and shall be spread as evenly as possible over all the duration of the sale contract. Phosphate rock of other origins shall not be loaded on vessels thus chartered without prior authorization, authorization of the Seller. B/ - Prior to the chartering of each vessel, the Buyer shall secure the agreement of the Seller on the specifications of the vessel as well as on the quality and quantity of phosphate rock to be loaded and on laydays. The Seller shall then indicate the amount of the deposit for disbursements disbursments at the loading port to be made by the Shipowner. If the product to be loaded is available in two ports, it shall be the option of the Seller to load in either of these ports. Such option shall however be announced by the Seller at the latest when he receives the seventy two (72) hours notice provided for in the “Chartering Conditions on Shipment” annexed hereto. With the Seller’s agreement, other lots of the same grade to be shipped to other Receivers may be loaded on board the vessel chartered by the Buyer. In such case, if the various lots are not stowed in separate holds, they will be invoiced to each Receiver on the basis of the corresponding individual xxxx of lading; , the Seller not being involved in the distribution of the cargo at the unloading port. C/ - Vessels for transportation of phosphate rock shall be chartered under the conditions annexed hereto (Chartering Conditions on Shipment). In case the Charter Party signed by the Buyer does not, for whatever reason, include such conditions or the ship’s Master refuses to abide by them, the Seller shall debit the Buyer with any ensuing difference. D/ - Prior to arrival of the vessel at the loading port, the Shipowner shall credit the Seller’s account, at a bank to be indicated by the latter, with a sufficient deposit in US Dollars to cover disbursements disbursments at the loading port, including possible despatch-money. Should such a deposit not be made in due time or its amount not be sufficient to cover actual disbursementsdisbursments, the Seller shall reserve the right to refuse loading or keep the vessel until such time when necessary funds are received. ___________ (*****) SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (*****) If however the Seller were to allow the ship’s Master to hold over payment of whole or part of the amount of the disbursements disbursments in pursuance of Clause C of the Chartering Conditions on Shipment, the Buyer shall be advised by the Seller accordingly and shall be responsible vis-a-vis the Seller for the settlement of all the amount remaining due increased by an interest on arrears of 1% for each month as from the xxxx of lading date; a portion of a month being counted as a whole month.

DELIVERIES - CHARTERING. A/ - Deliveries shall be made in bulk on board vessels chartered by the Buyer and shall be spread as evenly as possible over all the duration of the sale contract. Phosphate rock of other origins shall not be loaded on vessels thus chartered without prior authorization, of the Seller. B/ - Prior to the chartering of each vessel, the Buyer shall secure the agreement of the Seller on the specifications of the vessel as well as on the quality and quantity of phosphate rock to be loaded and on laydays. The Seller shall then indicate the amount of the deposit for disbursements at the loading port to be made by the Shipowner. If the product to be loaded is available in two ports, it shall be the option of the Seller to load in either of these ports. Such option shall however be announced by the Seller at the latest when he receives the seventy two (72) hours notice provided for in the “Chartering Conditions on Shipment” annexed hereto. With the Seller’s agreement, other lots of the same grade to be shipped to other Receivers may be loaded on board the vessel chartered by the Buyer. In such case, if the various lots are not stowed in separate holds, they will be invoiced to each Receiver on the basis of the corresponding individual xxxx of lading; the Seller not being involved in the distribution of the cargo at the unloading port. C/ - Vessels for transportation of phosphate rock shall be chartered under the conditions annexed hereto (Chartering Conditions on Shipment). In case the Charter Party signed by the Buyer does not, for whatever reason, include such conditions or the ship’s Master refuses to abide by them, the Seller shall debit the Buyer with any ensuing difference. D/ - Prior to arrival of the vessel at the loading port, the Shipowner shall credit the Seller’s account, at a bank to be indicated by the latter, with a sufficient deposit in US Dollars to cover disbursements at the loading port, including possible despatch-money. Should such a deposit not be made in due time or its amount not be sufficient to cover actual disbursements, the Seller shall reserve the right to refuse loading or keep the vessel until such time when necessary funds are received. ___________ (*****) PHOSBOUCRAA SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (*****) If however the Seller were to allow the ship’s Master to hold over payment of whole or part of the amount of the disbursements in pursuance of Clause C of the Chartering Conditions on Shipment, the Buyer shall be advised by the Seller accordingly and shall be responsible vis-a-vis the Seller for the settlement of all the amount remaining due increased by an interest on arrears of 1% for each month as from the xxxx of lading date; a portion of a month being counted as a whole month.