ISPS Clause Samples

ISPS. (a) (i) From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel and thereafter during the currency of this charter, the Owners shall procure that both the Vessel and “the Company” (as defined by the ISPS Code) shall comply with the requirements of the ISPS Code relating to the Vessel and the Company. Upon request the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) to the Charterers. The Owners shall provide the Charterers with the full style contact details of the Company Security Officer (CSO).

ISPS i. Vessel Party shall ensure that the Vessel complies with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) and where the load or discharge port (as applicable) is within the USA and US Territories or waters, with the Maritime Transportation Security Act 2002 and any implementing regulations (MTSA). ii. The Vessel Party shall ensure the vessel, when required submits a Declaration of Security (DoS) to the appropriate authorities prior to arrival at the Terminal. iii. Notwithstanding any prior acceptance of the Vessel by the Terminal Party, if at any time prior to the arrival of the Vessel at the load or discharge port (as applicable) the Vessel ceases to comply with the requirements of the ISPS Code or MTSA Terminal Party shall have the right not to berth such nominated Vessel at the load or discharge port (as applicable) and the subsequent delays are solely for the Vessel Party’s account. iv. Terminal Party shall ensure that the port, terminal, or installation shall comply with the requirements of the ISPS Code and if applicable, MTSA. v. Any costs or expenses in respect of the Vessel including any additional charge, fee or duty levied on the Vessel at the Terminal and actually incurred by the Vessel Party resulting directly from the failure of the load or discharge port, terminal, or installation (as applicable) to comply with the ISPS Code, and if located within the USA and US Territories with the MTSA, shall be for the account of the Terminal Party, including but not limited to the time required or costs incurred by the Vessel in taking any action or any special or additional security measure required by the ISPS Code or MTSA. vi. Any costs or expenses in respect of the Vessel including used laytime, demurrage, or any additional charge, fee or duty levied on the Vessel at the Terminal and actually incurred by the Vessel Party resulting directly from the failure of the Vessel or Vessel Party (as applicable) to comply with the ISPS Code, and if located within the USA and US Territories with the MTSA, shall be for the account of the Vessel Party, including but not limited to the time required or costs incurred by the Vessel in taking any action or any special or additional security measure required by the ISPS Code or MTSA.

ISPS. The following clause applies to all Re-deliveries except to the products and crude delivered DDP or DES to Storage Facility reserved for barge deliveries: 1. Partner shall procure that the vessel shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code). 2. The vessel shall when required submit a Declaration of Security (DoS) to the appropriate authorities prior to arrival at the discharge port. 3. Notwithstanding any prior acceptance of the vessel by the discharge port/Storage Facility, if at any time prior to; the arrival of the vessel at the discharge port the vessel ceases to comply with the requirements of the ISPS code: a. APETRA shall have the right not to berth such nominated vessel at the discharge port and any demurrage resulting shall not be for the account of APETRA. b. Partner shall be obliged to substitute such nominated vessel with a vessel complying with the requirements of the ISPS Code. If title and risk to the cargo on board the vessel subsequently substituted pursuant to iii) b) has already passed to APETRA, such title and risk shall be deemed to have reverted to the Partner. a. APETRA shall procure that the discharge port/Storage Facility/installation shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code). b. any costs or expenses in respect of the vessel including demurrage or any additional charge, fee or duty levied on the vessel at the discharge port and actually incurred by the Partner resulting directly from the failure of the discharge port/Storage Facility/installation to comply with the ISPS Code shall be for the account of APETRA, including but not limited to the time required or costs incurred by the vessel in taking any action or any special or additional security measures required by the ISPS code. 5. Save where the vessel has failed to comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code), APETRA shall be responsible for any demurrage actually incurred by the Partner arising from delay to the vessel at the discharge port resulting directly from the vessel being required by the port facility or any relevant authority to take any action or any special or additional security measures o...

ISPS. (a) evidence satisfactory to the Bank that the Additional Ship is subject to a ship security plan which complies with the ISPS Code; and (b) a copy, certified (in a certificate dated no earlier than five (5) Banking Days prior to the Drawdown Date of the Relevant Advance) as a true and complete copy by an officer of the Additional Owner of either (a) the ISSC or (b) an application for the issuance of the ISSC and the continuous synopsis record (as described in the ISPS Code) for the Additional Ship;

ISPS. (a) evidence satisfactory to the Bank that each Initial Ship (other than Free Jupiter) is subject to a ship security plan which complies with the ISPS Code; and (b) a copy, certified (in a certificate dated no earlier than five (5) Banking Days prior to the first Drawdown Date) as a true and complete copy by an officer of the Borrower of the ISSC and the continuous synopsis record (as described in the ISPS Code) for each Initial Ship (other than Free Jupiter);

ISPS. The LESO shall provide written notice to the Company of the identity of any entity with which the LESO enters into an ISP arrangement no less than five (5) days prior to the commencement of the provision of Services by such entity as an ISP. Following such notice, the Company shall allocate an ISP code to any such entity within five (5) days, provided that the LESO and such entity meet the Requirements specified in the ISP Mandatory Procedural Requirements set forth in Annex D hereof. The Company may publish the name of any ISP or the relationship of any ISP with the LESO unless the LESO instructs the Company in writing not to publish such information; provided, however, that the Company may in all cases disclose such information in connection with fraud prevention activities. The LESO shall promptly notify the Company of any change to the details of the ISP. Where the LESO fails to so notify the Company, upon notification by the ISP to the Company of any change to its details, the Company may publish such new details, provided it gives to the LESO five (5) days prior written notice.

ISPS. (a) evidence satisfactory to the Bank that Free Jupiter is subject to a ship security plan which complies with the ISPS Code; and (b) a copy, certified (in a certificate dated no earlier than five (5) Banking Days prior to the Drawdown Date of the second Advance to be drawn down under the Initial Tranche) as a true and complete copy by an officer of the Borrower of the ISSC and the continuous synopsis record (as described in the ISPS Code) for Free Jupiter;

ISPS. (a) The Buyer will indemnify the Seller in respect of any costs, expenses and/or liabilities (including demurrage) incurred or to which the Seller is exposed by reason of the Discharge Port failing to comply with any obligations under the International Ship and Port Facility Security Code, Chapter XI-2 of the SOLAS, the Maritime Transport Security Act 2003 (Cth), Maritime Transport Security Regulations 2003 (Cth), legislation superseding them, or similar legislation in any country. (b) The Seller will indemnify the Buyer in respect of any costs, expenses and/or liabilities (including demurrage) incurred or to which the Buyer is exposed by reason of the Load Port or Vessel failing to comply with any obligations under the International Ship and Port Facility Security Code, Chapter XI-2 of the SOLAS, the Maritime Transport Security Act 2003 (Cth), Maritime Transport Security Regulations 2003 (Cth), legislation superseding them, or similar legislation in any country.

ISPS. The LESO shall provide written notice to the Company of the identity of any entity with which the LESO enters into an ISP arrangement no less than five (5) days prior to the commencement of the provision of Services by such entity as an ISP. Following such notice, the Company shall allocate an ISP code to any such entity within five (5) days, provided that the LESO and such entity meet the Requirements specified in the ISP Mandatory Procedural Requirements set forth in Annex D hereof. The Company may publish the name of any ISP or the relationship of any ISP with the LESO unless the LESO instructs the Company in writing not to publish such information; provided, however, that the Company may in all cases disclose such information in connection with fraud prevention activities.