ISPS Code/US MTSA 2002 Clause Samples

ISPS Code/US MTSA 2002. This Clause 35 makes reference to the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (“ISPS Code”) and the US Maritime Transportation Security Act 2002 (“MTSA”). (a) During the Term, Contractor shall procure that both the Vessel and “the Company” (as defined by the ISPS Code) and the “owner” (as defined by the MTSA) shall comply with the requirements of the ISPS Code relating to the Vessel and “the Company” and the requirements of the MTSA relating to the Vessel and the “owner”. Upon request Contractor shall provide documentary evidence of compliance with this Clause 35.1(a). (b) Except as otherwise provided in this Agreement, loss, damage, expense or delay caused by failure on the part of Contractor or “the Company”/”owner” to comply with the requirements of the ISPS Code/MTSA or this Clause 35 shall be for Contractor’s account. 35.2 (a) Customer shall provide Contractor and the Master with its full contact details and shall ensure that the contact details of all sub-charterers are likewise provided to Contractor and the Master. Further more, Customer shall ensure that all sub-charter parties it enters into during the Term contain the following provision: “The charterer shall provide the owner of the Vessel with its full contact details and, where sub-letting is permitted under the terms of the charter parties, shall ensure that the contact details of all sub-charterers are likewise provided to the owner of the Vessel.”