پروژه خواندن زبان انگلیسی-متن بیمه کشتی-کلوز ۲۸۰ انیستوبیمه گران لندن

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خواندن متن بیمه کشتی-کلوز ۲۸۰ انیستوبیمه گران لندن (خواندن و فهمیدن، ارائه، ترجمه)

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INSTITUTE TIME CLAUSES HULLS
This insurance is subject to English law and practice

  1. NAVIGATION
    1.1 The vessel is covered subject to the provisions of this insurance at all times and has leave to sail or
    navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but
    it is warranted that the vessel shall not be towed, except as is customary or to the first safe port or place
    when in need of assistance, or undertake towage or salvage services under a contract previously
    arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not
    exclude customary towage in connection with loading and discharging.
    1.2 This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or
    for customary towage which limits or exempts the liability of the pilots and/or tugs and/or towboats
    and/or their owners when the Assured or their agents accept or are compelled to accept such contracts
    in accordance with established local law or practice.
    1.3 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to
    and/or from the vessel shall not prejudice this insurance.
    1.4 In the event of the vessel being employed in trading operation which entail cargo loading or
    discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be
    recoverable under this insurance for loss of or damage to the vessel or liability to any other vessel
    arising from such loading or discharging operations, including whilst approaching, lying alongside and
    leaving, unless previous notice that the vessel is to be employed in such operations has been given to
    the Underwriters and any amended terms of cover and any additional premium required by them have
    been agreed.
    1.5 In the event of the vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b)
    sold for breaking up, any claim for loss of or damage to the vessel occurring subsequent to such sailing
    shall be limited to the market value of the vessel as scrap at the time when the loss or damage is
    sustained, unless previous notice has been given to the Underwriters and any amendments to the terms
    of cover, insured value and premium required by them have been agreed. Nothing in this Clause 1.5
    shall affect claims under Clauses 8 and/or 10.
  2. CONTINUATION
    Should the vessel at the expiration of this insurance be at sea and in distress or missing, she shall, provided
    notice be given to the Underwriters prior to the expiration of this insurance, be held covered until arrival at
    the next port in good safety, or if in port and in distress until the vessel is made safe, at a pro rata monthly
    premium.
  3. BREACH OF WARRANTY
    Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date
    of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any
    amended terms of cover and any additional premium required by them be agreed.
  4. CLASSIFICATION
    4.1 It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this
    insurance to ensure that
    4.1.1 the vessel is classed with a Classification Society agreed by the Underwriters and that her
    class within that Society is maintained,
    4.1.2 any recommendations requirements or restrictions imposed by the vessel’s Classification
    Society which relate to the vessel’s seaworthiness or to her maintenance in a seaworthy
    condition are complied with by the dates required by that Society.
    4.2 In the event of any breach of the duties set out in Clause 4.1 above, unless the Underwriters agree to the
    contrary in writing, they will be discharged from liability under this insurance as from the date of the
    breach provided that if the vessel is at sea at such date the Underwriters discharge from liability is
    deferred until arrival at her next port.
    4.3 Any incident condition or damage in respect of which the vessel’s Classification Society might make
    recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be
    promptly reported to the Classification Society.
    4.4 Should the Underwriters wish to approach the Classification Society directly for information and/or
    documents, the Assured will provide the necessary authorization.
  5. TERMINATION
    This Clause 5 shall prevail notwithstanding any provision whether written typed or printed in this
    insurance inconsistent therewith.
    Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the
    time of
    5.1 change of the Classification Society of the vessel, or change, suspension, discontinuance, withdrawal or
    expiry of her Class therein, or any of the Classification Society’s periodic surveys becoming overdue
    unless an extension of time for such survey be agreed by the Classification Society, provided that if the
    vessel is at sea such automatic termination shall be deferred until arrival at her next port. However
    where such change, suspension, discontinuance or withdrawal of her Class or where a periodic survey
    becoming overdue has resulted from loss or damage covered by Clause 6 of this insurance or which
    would be covered by an insurance of the vessel subject to current Institute War and Strikes Clauses
    Hulls-Time such automatic termination shall only operate should the vessel sail from her next port
    without the prior approval of the Classification Society or in the case of a periodic survey becoming
    overdue without the Classification Society having agreed an extension of time for such survey,
    5.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter
    on a bareboat basis, or requisition for title or use of the vessel, provided that, if the vessel has cargo on
    board and has already sailed from her loading port or is at sea in ballast, such automatic termination
    shall if required be deferred, whilst the vessel continues her planned voyage, until arrival at final port
    of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition
    for title or use without the prior execution of a written agreement by the Assured, such automatic
    termination shall occur fifteen days after such requisition whether the vessel is at sea or in port.
    A pro rata daily net return of premium shall be made provided that a total loss of the vessel, whether by
    insured perils or otherwise, has not occurred during the period covered by this insurance or any extension
    thereof.
  6. PERILS
    6.1 This insurance covers loss of or damage to the subject-matter insured caused by
    6.1.1 perils of the seas rivers lakes or other navigable waters
    6.1.2 fire, explosion
    6.1.3 violent theft by persons from outside the vessel
    6.1.4 jettison
    6.1.5 piracy
    6.1.6 contact with land conveyance, dock or harbour equipment or installation
    6.1.7 earthquake volcanic eruption or lightning
    6.1.8 accidents in loading discharging or shifting cargo or fuel.
    6.2 This insurance covers loss of or damage to the subject-matter insured caused by
    6.2.1 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
    6.2.2 negligence of Master Officers Crew or Pilots
    6.2.3 negligence of repairers or charterers provided such repairers or charterers are not an Assured
    hereunder
    6.2.4 barratry of Master Officers or Crew
    6.2.5 contact with aircraft, helicopters or similar objects, or objects falling therefrom
    provided that such loss or damage has not resulted from want of due diligence by the Assured, Owners,
    Managers or Superintendents or any of their onshore management.
    6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should
    they hold shares in the vessel.
  7. POLLUTION HAZARD
    This insurance covers loss of or damage to the vessel caused by any governmental authority acting under
    the powers vested in it to prevent or mitigate a pollution hazard or damage to the environment or threat
    thereof, resulting directly from damage to the vessel for which the Underwriters are liable under this
    insurance, provided that such act of governmental authority has not resulted from want of due diligence by
    the Assured, Owners or Managers to prevent or mitigate such hazard or damage or threat thereof. Master
    Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold
    shares in the vessel.
  8. 3/4THS COLLISION LIABILITY
    8.1 The Underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the
    Assured to any other person or persons by reason of the Assured becoming legally liable by way of
    damages for
    8.1.1 loss of or damage to any other vessel or property on any other vessel
    8.1.2 delay to or loss of use of any such other vessel or property thereon
    8.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property
    thereon,
    where such payment by the Assured is in consequence of the vessel hereby insured coming into
    collision with any other vessel.
    8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity provided by the other
    terms and conditions of this insurance and shall be subject to the following provisions:
    8.2.1 Where the insured vessel is in collision with another vessel and both vessels are to blame then,
    unless the liability of one or both vessels becomes limited by law, the indemnity under this
    Clause 8 shall be calculated on the principle of cross-liabilities as if the respective Owners had
    been compelled to pay to each other such proportion of each other’s damages as may have
    been properly allowed in ascertaining the balance or sum payable by or to the Assured in
    consequence of the collision.
    8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
    proportionate part of three-fourths of the insured value of the vessel hereby insured in respect
    of any one collision.
    8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the Assured or which the
    Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the
    prior written consent of the Underwriters.
    EXCLUSIONS
    8.4 Provided always that this Clause 8 shall in no case extend to any sum which the Assured shall pay for
    or in respect of
    8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
    8.4.2 any real or personal property or thing whatsoever except other vessels or property on other
    vessels
    8.4.3 the cargo or other property on, or the engagements of, the insured vessel
    8.4.4 loss of life, personal injury or illness
    8.4.5 pollution or contamination, or threats thereof, of any real or personal property or thing
    whatsoever (except other vessels with which the insured vessel is in collision or property on
    such other vessels) or damage to the environment, or threat thereof, save that this exclusion
    shall not extend to any sum which the Assured shall pay for or in respect of salvage
    remuneration in which the skill and efforts of the salvors in preventing or minimising damage
    to the environment as is referred to in Article 13 paragraph 1(b) of the International
    Convention of Salvage, 1989 have been taken into account.
  9. SISTERSHIP
    Should the vessel hereby insured come into collision with or receive salvage services from another vessel
    belonging wholly or in part to the same Owners or under the same management, the Assured shall have the
    same rights under this insurance as they would have were the other vessel entirely the property of Owners
    not interested in the vessel hereby insured; but in such cases the liability for the collision or the amount
    payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the
    Underwriters and the Assured.
  10. GENERAL AVERAGE AND SALVAGE
    10.1 This insurance covers the vessel’s proportion of salvage, salvage charges and/or general average,
    reduced in respect of any under-insurance, but in case of general average sacrifice of the vessel the
    Assured may recover in respect of the whole loss without first enforcing their right of contribution
    from other parties.
    10.2 Adjustment to be according to the law and practice obtaining at the place where the adventure
    ends, as if the contract of affreightment contained no special terms upon the subject; but where the
    contract of affreightment so provides the adjustment shall be according to the York-Antwerp
    Rules.
    10.3 When the vessel sails in ballast, not under charter, the provisions of the York-Antwerp Rules, 1994
    (excluding Rules XI(d), XX and XXI) shall be applicable, and the voyage for this purpose shall be
    deemed to continue from the port or place of departure until the arrival of the vessel at the first port
    or place thereafter other than a port or place of refuge or a port or place of call for bunkering only.
    If at any such intermediate port or place there is an abandonment of the adventure originally
    contemplated the voyage shall thereupon be deemed to be terminated.
    10.4 No claim under this Clause 10 shall in any case be allowed where the loss was not incurred to
    avoid or in connection with the avoidance of a peril insured against.
    10.5 No claim under this Clause 10 shall in any case be allowed for or in respect of
    10.5.1 special compensation payable to a salvor under Article 14 of the International Convention
    on Salvage, 1989 or under any other provision in any statute, rule, law or contract which
    is similar in substance
    10.5.2 expenses or liabilities incurred in respect of damage to the environment, or the threat of
    such damage, or as a consequence of the escape or release of pollutant substances from
    the vessel, or the threat of such escape or release.
    10.6 Clause 10.5 shall not however exclude any sum which the Assured shall pay to salvors for or in
    respect of salvage remuneration in which the skill and efforts of the salvors in preventing or
    minimising damage to the environment as is referred to in Article 13 paragraph 1(b) of the
    International Convention on Salvage, 1989 have been taken into account.
  11. DUTY OF ASSURED (SUE AND LABOUR)
    11.1 In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take
    such measures as may be reasonable for the purpose of averting or minimising a loss which would
    be recoverable under this insurance.
    11.2 Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges
    properly and reasonably incurred by the Assured their servants or agents for such measures.
    General average, salvage charges (except as provided for in Clause 11.5), special compensation
    and expenses as referred to in Clauses 10.5 and collision defence or attack costs are not
    recoverable under this Clause 11.
    11.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting or
    recovering the subject-matter insured shall not be considered as a waiver or acceptance of
    abandonment or otherwise prejudice the rights of either party.
    11.4 When expenses are incurred pursuant to this Clause 11 the liability under this insurance shall not
    exceed the proportion of such expenses that the amount insured hereunder bears to the value of the
    vessel as stated herein, or to the sound value of the vessel at the time of the occurrence giving rise
    to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a
    claim for total loss and property insured by this insurance is saved, the foregoing provisions shall
    not apply unless the expenses of suing and labouring exceed the value of such property saved and
    then shall apply only to the amount of the expenses which is in excess of such value.
    11.5 When a claim for total loss of the vessel is admitted under this insurance and expenses have been
    reasonably incurred in saving or attempting to save the vessel and other property and there are no
    proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of
    such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be,
    as may reasonably be regarded as having been incurred in respect of the vessel, excluding all
    special compensation and expenses referred to in Clause 10.5; but if the vessel be insured for less
    than its sound value at the time of the occurrence giving rise to the expenditure, the amount
    recoverable under this clause shall be reduced in proportion to the under-insurance.
    11.6 The sum recoverable under this Clause 11 shall be in addition to the loss otherwise recoverable
    under this insurance but shall in no circumstances exceed the amount insured under this insurance
    in respect of the Vessel.
  12. DEDUCTIBLE
    12.1 No claim arising from a peril insured against shall be payable under this insurance unless the
    aggregate of all such claims arising out of each separate accident or occurrence (including claims
    under Clauses 8, 10 and 11) exceeds the deductible amount agreed in which case this sum shall be
    deducted. Nevertheless the expense of sighting the bottom after stranding, if reasonably incurred
    specially for that purpose, shall be paid even if no damage be found. This Clause 12.1 shall not
    apply to a claim for total or constructive total loss of the vessel or, in the event of such a claim, to
    any associated claim under Clause 11 arising from the same accident or occurrence.
    12.2 Claims for damage by heavy weather occurring during a single sea passage between two
    successive ports shall be treated as being due to one accident. In the case of such heavy weather
    extending over a period not wholly covered by this insurance the deductible to be applied to the
    claim recoverable hereunder shall be the proportion of the above deductible that the number of
    days of such heavy weather falling within the period of this insurance bears to the number of days
    of heavy weather during the single sea passage. The expression “heavy weather” in this Clause
    12.2 shall be deemed to include contact with floating ice.
    12.3 Excluding any interest comprised therein, recoveries against any claim which is subject to the
    above deductible shall be credited to the Underwriters in full to the extent of the sum by which the
    aggregate of the claim unreduced by any recoveries exceeds the above deductible.
    12.4 Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters,
    taking into account the sums paid by the Underwriters and the dates when such payments were
    made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum
    than they have paid.
  13. NOTICE OF CLAIM AND TENDERS
    13.1 In the event of accident whereby loss or damage may result in a claim under this insurance, notice
    must be given to the Underwriters promptly after the date on which the Assured, Owners or
    Managers becomes or should have become aware of the loss or damage and prior to survey so that
    a surveyor may be appointed if the Underwriters so desire.
    If notice is not given to the Underwriters within twelve months of that date unless the Underwriters
    agree to the contrary in writing, the Underwriters will be automatically discharged from liability
    for any claim under this insurance in respect of or arising out of such accident or loss or damage.
    13.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking
    or repair (the actual additional expense of the voyage arising from compliance with the
    Underwriters’ requirements being refunded to the Assured) and shall have a right of veto
    concerning a place of repair or a repairing firm.
    13.3 The Underwriters may also take tenders or may require further tenders to be taken for the repair of
    the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the
    Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for
    the time lost between the despatch of the invitations to tender required by the Underwriters and the
    acceptance of a tender to the extent that such time is lost solely as the result of tenders having been
    taken and provided that the tender is accepted without delay after receipt of the Underwriters’
    approval.
    Due credit shall be given against the allowance as above for any amounts recovered in respect of
    fuel and stores and wages and maintenance of the Master Officers and Crew or any member
    thereof, including amounts allowed in general average, and for any amounts recovered from third
    parties in respect of damages for detention and/or loss of profit and/or running expenses, for the
    period covered by the tender allowance or any part thereof.
    Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable
    from the Underwriters the allowance shall be reduced by a similar proportion.
    13.4 In the event of failure by the Assured to comply with the conditions of Clauses 13.2 and/or 13.3 a
    deduction of 15% shall be made from the amount of the ascertained claim.
  14. NEW FOR OLD
    Claims payable without deduction new for old.
  15. BOTTOM TREATMENT
    In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or
    painting of the vessel’s bottom except that
    15.1 gritblasting and/or other surface preparation of new bottom plates ashore and supplying and
    applying any “shop” primer thereto,
    15.2 gritblasting and/or other surface preparation of:
    the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during
    the course of welding and/or repairs,
    areas of plating damaged during the course of fairing, either in place or ashore,
    15.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in
    15.1 and 15.2 above,
    shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured
    peril.
  16. WAGES AND MAINTENANCE
    No claim shall be allowed, other than in general average, for wages and maintenance of the Master Officers
    and Crew or any member thereof, except when incurred solely for the necessary removal of the vessel from
    one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs,
    and then only for such wages and maintenance as are incurred whilst the vessel is under way.
  17. AGENCY COMMISSION
    In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for
    time and trouble taken to obtain and supply information or documents or in respect of the commission or
    charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the
    Assured to perform such services.
  18. UNREPAIRED DAMAGE
    18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the reasonable
    depreciation in the market value of the vessel at the time this insurance terminates arising from
    such unrepaired damage, but not exceeding the reasonable cost of repairs.
    18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total
    loss (whether or not covered under this insurance) sustained during the period covered by this
    insurance or any extension thereof.
    18.3 The Underwriters shall not be liable in respect of unrepaired damage for more than the insured
    value at the time this insurance terminates.
  19. CONSTRUCTIVE TOTAL LOSS
    19.1 In ascertaining whether the vessel is a constructive total loss, the insured value shall be taken as
    the repaired value and nothing in respect of the damaged or break-up value of the vessel or wreck
    shall be taken into account.
    19.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the vessel
    shall be recoverable hereunder unless such cost would exceed the insured value. In making this
    determination, only the cost relating to a single accident or sequence of damages arising from the
    same accident shall be taken into account.
  20. FREIGHT WAIVER
    In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether
    notice of abandonment has been given or not.
  21. ASSIGNMENT
    No assignment of or interest in this insurance or in any moneys which may be or become payable
    thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment
    or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on
    the Policy and the Policy with such endorsement is produced before payment of any claim or return of
    premium thereunder.
  22. DISBURSEMENTS WARRANTY
    22.1 Additional insurances as follows are permitted:
    22.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull
    and Machinery. A sum not exceeding 25% of the value stated herein.
    22.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not
    exceeding 25% of the value as stated herein less any sum insured, however described,
    under 22.1.1
    22.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or
    hire for the current cargo passage and next succeeding cargo passage (such insurance to
    include, if required, a preliminary and an intermediate ballast passage) plus the charges of
    insurance. In the case of a voyage charter where payment is made on a time basis, the
    sum permitted for insurance shall be calculated on the estimated duration of the voyage,
    subject to the limitation of two cargo passages as laid down herein. Any sum insured
    under 22.1.2 to be taken into account and only the excess thereof may be insured, which
    excess shall be reduced as the freight or hire is advanced or earned by the gross amount so
    advanced or earned.
    22.1.4 Anticipated Freight if the vessel sails in ballast and not under Charter. A sum not
    exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably
    estimated on the basis of the current rate of freight at time of insurance plus the charges of
    insurance. Any sum insured under 22.1.2 to be taken into account and only the excess
    thereof may be insured.
    22.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of
    the gross hire which is to be earned under the charter in a period not exceeding 18
    months. Any sum insured under 22.1.2 to be taken into account and only the excess
    thereof may be insured, which excess shall be reduced as the hire is advanced or earned
    under the charter by 50% of the gross amount so advanced or earned but the sum insured
    need not be reduced while the total of the sums insured under 22.1.2 and 22.1.5 does not
    exceed 50% of the gross hire still to be earned under the charter. An insurance under this
    Section may begin on the signing of the charter.
    22.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for a period
    not exceeding 12 months (excluding premiums insured under the foregoing sections but
    including, if required, the premium or estimated calls on any Club or War etc. Risk
    insurance) reducing pro rata monthly.
    22.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable under
    any insurance but which would not be recoverable thereunder in the event of a total loss
    of the vessel whether by insured perils or otherwise.
    22.1.8 Insurance irrespective of amount against:
    Any risks excluded by Clauses 24, 25, 26 and 27 below.
    22.2 Warranted that no insurance on any interests enumerated in the foregoing 22.1.1 to 22.1.7 in
    excess of the amounts permitted therein and no other insurance which includes total loss of the
    vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the
    currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees.
    Provided always that a breach of this warranty shall not afford the Underwriters any defence to a
    claim by a Mortgagee who has accepted this insurance without knowledge of such breach.
  23. RETURNS FOR LAY-UP AND CANCELLATION
    23.1 To return as follows:
    23.1.1 Pro rata monthly net for each uncommenced month if this insurance be cancelled by
    agreement.
    23.1.2 For each period of 30 consecutive days the vessel may be laid up in a port or in a lay-up
    area provided such port or lay-up area is approved by the Underwriters
    (a) {Response} per cent net not under repair
    (b) {Response} per cent net under repair.
    23.1.3 The vessel shall not be considered to be under repair when work is undertaken in respect
    of ordinary wear and tear of the vessel and/or following recommendations in the vessel’s
    Classification Society survey, but any repairs following loss of or damage to the vessel or
    involving structural alterations, whether covered by this insurance or otherwise shall be
    considered as under repair.
    23.1.4 If the vessel is under repair during part only of a period for which a return is claimable,
    the return shall be calculated pro rata to the number of days under 23.1.2 (a) and (b)
    respectively.
    23.2 PROVIDED ALWAYS THAT
    23.2.1 a total loss of the vessel, whether by insured perils or otherwise, has not occurred during
    the period covered by this insurance or any extension thereof
    23.2.2 in no case shall a return be allowed when the vessel is lying in exposed or unprotected
    waters, or in a port or lay-up area not approved by the Underwriters
    23.2.3 loading or discharging operations or the presence of cargo on board shall not debar
    returns but no return shall be allowed for any period during which the vessel is being used
    for the storage of cargo or for lightering purposes
    23.2.4 in the event of any amendment of the annual rate, the above rates of return shall be
    adjusted accordingly
    23.2.5 in the event of any return recoverable under this Clause 23 being based on 30 consecutive
    days which fall on successive insurances effected for the same Assured, this insurance
    shall only be liable for an amount calculated at pro rata of the period rates 23.1.2(a)
    and/or (b) above for the number of days which come within the period of this insurance
    and to which a return is actually applicable. Such overlapping period shall run, at the
    option of the Assured, either from the first day on which the vessel is laid up or the first
    day of a period of 30 consecutive days as provided under 23.1.2(a) or (b) above.
    The following clauses shall be paramount and shall override anything contained in this insurance
    inconsistent therewith.
  24. WAR EXCLUSION
    In no case shall this insurance cover loss damage liability or expense caused by
    24.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act
    by or against a belligerent power
    24.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences
    thereof or any attempt thereat
    24.3 derelict mines torpedoes bombs or other derelict weapons of war.
  25. STRIKES EXCLUSION
    In no case shall this insurance cover loss damage liability or expense caused by
    25.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil
    commotions
    25.2 any terrorist or any person acting from a political motive.
  26. MALICIOUS ACTS EXCLUSION
    In no case shall this insurance cover loss damage liability or expense arising from
    26.1 the detonation of an explosive
    26.2 any weapon of war
    and caused by any person acting maliciously or from a political motive.
  27. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
    In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or
    contributed to by or arising from
    27.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any
    nuclear waste or from the combustion of nuclear fuel
    27.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear
    installation, reactor or other nuclear assembly or nuclear component thereof
    27.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or
    radioactive force or matter.
    1/11/95
    CL280-95 © Copyright The Institute of London Underwriters

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