Common use of ISPS Clause in Contracts

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 or undergo additional inspections, by virtue of the vessel’s previous ports of call. 6. APETRA liability to the Partner under this Purchase Contract for any costs, losses or expenses incurred by the vessel, the charterers or the vessel owners resulting from the failure of the discharge port/terminal/installation to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the Partner in accordance with the provisions of this clause. 7. Demurrage due by APETRA under the provisions of this article shall be paid, notwithstanding the provision of the article 5 of the present general terms and conditions.

ISPS. 1. 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 a. Seller shall procure that the vessel shall comply 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”).; 2. The vessel b. the Vessel shall when required submit a Declaration of Security (“DoS”) to the appropriate authorities prior to arrival at the discharge port. 32. Notwithstanding any prior acceptance of the vessel Vessel by the discharge port/Storage Facility, if at any time prior to; to the arrival of the vessel Vessel at the discharge port Storage Facility the vessel Vessel ceases to comply with the requirements of the ISPS codeCode: a. APETRA COVA 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.COVA; b. Partner Seller shall be obliged to substitute such nominated vessel Vessel with a vessel Vessel complying with the requirements of the ISPS Code. If title and risk to the cargo on board the vessel Vessel subsequently substituted pursuant to iii) 3. b) has already passed to APETRACOVA, such title and risk shall be deemed to have been reverted to the PartnerSeller. a. APETRA 3. COVA shall procure that the discharge port/jetty used by the Storage Facility/installation Facility shall comply with the requirements of the International ISPS Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code). b. any or equivalent. 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 port/terminal/installation and actually incurred by the Partner Seller resulting directly from the failure of the discharge port/Storage Facilityterminal/installation to comply with the ISPS Code shall be for the account of APETRACOVA, 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. 5Code. 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 COVA shall be responsible for any demurrage actually incurred by the Partner Seller arising from delay to the vessel at the discharge port port/terminal/installation resulting directly from the vessel being required by the terminal operator, the port facility authority or any relevant authority to take any action or any special or additional security measures or undergo additional inspections, inspections by virtue of the vessel’s 's previous ports of call. 6. APETRA COVA’s liability to the Partner Seller under this Purchase Contract Agreement for any costs, losses or expenses incurred by the vesselVessel, the charterers or the vessel Vessel’s owners resulting from the failure of the discharge port/terminal/installation jetty used by the Storage Facility to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the Partner in accordance with the provisions of this clauseSeller. 7. Demurrage due by APETRA under the provisions of this article shall be paid, notwithstanding the provision of the article 5 of the present general terms and conditions.

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 Seller’s 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 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 dicharge 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 Seller 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 PartnerSeller. 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 Seller 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 Seller 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 or undergo additional inspections, by virtue of the vessel’s previous ports of call. 6. APETRA liability to the Partner Seller under this Purchase Contract for any costs, losses or expenses incurred by the vessel, the charterers or the vessel owners resulting from the failure of the discharge port/terminal/installation to comply with the ISPS Code shall be limited to the payment of demurrage and costs actually incurred by the Partner Seller in accordance with the provisions of this clause. 7. Demurrage due by APETRA under the provisions of this article 14 shall be paid, notwithstanding nothwithstanding the provision of the article 5 9 of the present general terms and conditions.

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 24.1 MSCG shall procure ensure that the vessel shall comply Vessel complies with the requirements of the International ISPS Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code)MTSA. 2. 24.2 The vessel Vessel shall when required submit a Declaration of Security (DoS) to the appropriate authorities prior to arrival at the discharge port. 3. 24.3 Notwithstanding any prior acceptance of the vessel Vessel by the discharge port/Storage FacilityTPSI, if at any time prior to; to the arrival of the vessel Vessel at the Waterborne Terminal or discharge port the vessel Vessel ceases to comply with the requirements of the ISPS codeCode or the MTSA: a. APETRA (a) TPSI shall have the right not to berth such nominated vessel Vessel at the discharge port and any demurrage resulting shall not be for the account of APETRATPSI. b. Partner (b) MSCG shall be obliged to substitute such nominated vessel Vessel with a vessel Vessel complying with the requirements of the ISPS CodeCode and the MTSA. If title and risk to the cargo on board the vessel Vessel subsequently substituted pursuant to iii) b) has already passed to APETRATPSI, such title and risk shall be deemed to have reverted to the PartnerMSCG. a. APETRA 24.4 TPSI shall procure ensure that the discharge port/Storage Facility/installation shall port and Waterborne Terminal comply with the requirements of the International ISPS Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code). b. any MTSA. Any costs or expenses in respect of the vessel Vessel, including demurrage or any additional charge, fee or duty levied on the vessel Vessel at the discharge port and actually incurred by the Partner MSCG resulting directly from the failure of the discharge port/Storage Facility/installation port or Waterborne Terminal to comply with the ISPS Code and the MTSA, 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 codeTPSI. 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 or undergo additional inspections, by virtue of the vessel24.5 TPSI’s previous ports of call. 6. APETRA liability to the Partner MSCG under this Purchase Contract Agreement for any costs, losses or expenses incurred by the vesselVessel, the charterers or the vessel Vessel owners resulting from the failure of the discharge port/terminal/installation port or Waterborne Terminal to comply with the ISPS Code or the MTSA shall be limited to the payment of demurrage and costs actually incurred by the Partner MSCG in accordance with the provisions of this clauseArticle 24. 7. Demurrage due by APETRA under the provisions of this article shall be paid, notwithstanding the provision of the article 5 of the present general terms and conditions.