Common use of Foreign trade Clause in Contracts

Foreign trade. (a) On behalf of the Charterer, Owner shall import and, as necessary, export the Vessel and all Relevant Items and/or any other goods or materials expressly requested by Charterer. (b) Owner shall submit to Charterer every ***** commencing from the Delivery Date, or whenever required by a Governmental Authority or by Charterer, an updated list of all goods imported into Brazil and exported from Brazil in relation to this Charter and the Operation and Services Agreement. (c) Owner shall not be entitled to use, transfer, lend or rent the Vessel or any Relevant Items for any other purpose or agreement other than the performance of this Charter and the Operation and Services Agreement. (d) Owner shall have sole responsibility and liability for (i) all costs related to the importation of the Vessel and all Relevant Items under the Temporary Admission Regime and the Vessel’s and all Relevant Items return abroad under this Charter, and (ii) the customs clearance of Relevant Items, including storage and warehousing rates and any other related expenses. (e) Charterer shall only be required to pay the Taxes (i) in relation to the Temporary Admission Regime and any new Temporary Admission Regime, if such a regime is imposed by Governmental Authorities or if the Vessel is transferred to a more beneficial regime as requested by Charterer pursuant to Clause 2.16(a)(ii), and (ii) in the event that the Vessel (or any Relevant Items) departs and returns to Brazil either at Charterer’s request or for Scheduled Drydocking at any time during the Term of this Charter. Notwithstanding the immediately preceding sentence, if the Vessel (or any Relevant Items) departs from Brazil for any other reason than at the request of Charterer or for Scheduled Drydocking (including any drydocking, repairs or maintenance which is not considered Scheduled Drydocking under this Charter) the costs, expenses and Taxes related to any Temporary Admission Regime imposed by Governmental Authorities shall be for Owner’s account. (f) In the event this Charter is terminated, the Vessel and all Relevant Items shall depart from Brazil as soon as the Vessel has been redelivered to Owner in accordance with the provisions of this Charter, and Owner shall immediately apply for termination of the Temporary Admission Regime and deliver to the Charterer certified copies of all customs clearance documents. Subject to Charterer’s obligation to pay any Taxes relating to the Vessel’s importation in accordance with Clauses 2.17(e) and (h), Owner shall be solely responsible for any costs, expenses or other liabilities in relation to any Taxes imposed, if any, or any other expenses incurred after termination, except where Clause 2.17(g) applies. (g) Where this Charter is terminated due to an Event of Charterer’s Default or at Charterer’s convenience in accordance with Clause 3.6, Charterer shall be responsible for any costs, expenses or other liabilities incurred in relation to any Taxes imposed, if any, or any other expenses incurred after termination provided that Vessel (and all Relevant Items) departs Brazilian waters as soon as is reasonably practicable and in compliance with safety and other applicable regulations upon such termination. (h) Notwithstanding that it is the responsibility of Charterer to pay any Taxes in relation to the Temporary Admission Regime, Owner is obliged to deliver in advance to Charterer the necessary documents to facilitate such payments, in order that Charterer may effect such payments without incurring delay. If Owner fails to present such documents and as a consequence Charterer is subject to the payment of any penalty or interest due to the delay, then Owner shall promptly reimburse Charterer for any such additional amounts.