Ice. Trading limits are also to be restricted to the January isotherm of negative ten degrees Celsius (-10oC). The Vessel shall not be sent to or through icebound waters without Owner’s prior written consent and shall not be or become obligated to force ice or to follow ice breakers. Despite the receipt of Owner’s consent, if the alternative port at which the Vessel is ordered by Charterer to discharge cargo should be or become inaccessible owing to ice and the Master has notified Charterer by email and facsimile transmission or otherwise in writing accordingly, then Charterer shall be bound to order the Vessel by email and facsimile transmission or otherwise in writing to an alternative port which is free from ice and at which the Vessel can discharge the cargo. Also, if, on account of ice, the Master considers it dangerous for the Vessel to enter or remain at any alternative port for fear of the Vessel being frozen in or damaged and the Master should so advise Charterer, Charterer shall provide the Master with orders, by email and facsimile transmission or otherwise in writing, to proceed to an alternative port that is free from ice and at which the Vessel can discharge the cargo. If no orders are received by the Master from Charterer prior to the time when the Master must deviate or break ground to avoid ice or other dangerous situations, Owner shall cause the Master to proceed to the nearest safe, ice-free position to await further orders from Charterer.
Ice. (A) The Vessels shall not be required to operate in or enter any icebound port or place or anywhere lights, lightships, marks or buoys on Vessel’s arrival are or are likely to be withdrawn by reason of ice of where there is a risk that ordinarily the Vessels will not be able on account of ice to enter, reach or leave the place. The Vessels shall not be obligated to force the ice. [****] Confidential Treatment Requested 25 (B) If on account of ice the Master considers it dangerous to enter or remain at any loading or discharging place for fear of the Vessels being frozen in and/or damaged, the Owner shall notify the Charterer and request orders for an alternate ice-free port or place and failing Charterer’s complying with the request, Owner shall have the liberty to sail to the nearest available place or port which is free from ice and there await Charterer’s further instructions. The whole of the time occupied from the time the Vessels are diverted by reasons of ice until their arrival at an ice-free place or port as well as any detention by reason of ice or any of the above causes shall be paid by the Charterer at the applicable rate shown on Schedule D, unless caused by the Owner’s negligence and not a simple error in judgment. Charterer will be notified and rebilled if additional assist tugs are required to operate in ice condition.