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Code word for this Charter Party

"SHELLVOY 5"
Issued July 1987

Voyage Charter Party


LONDON , 19

PREAMBLE 1

IT IS THIS DAY AGREED between 2

of (hereinafter referred to as "Owners"), being owners /disponent owners of the 3

motor/steam tank vessel called 4

(hereinafter referred to as "the vessel") 5

and of 6

(hereinafter referred to as "Charterers"): 7

that the service for which provision is herein made shall be subject to the terms and conditions of this charter 8
which includes Part I and Part II. In the event of any conflict between the provisions of Part I and Part II hereof, 9
the provisions of Part I shall prevail. 10

PART I 11

(A)Description Owners guarantee that at the date hereof the vessel: 12


of vessel 13

(i) Is classed 14

(ii) Has a deadweight of tonnes (1000 kg.) on a salt-water draft on assigned summer freeboard 15
of m. 16

(iii) Has a capacity available for the cargo of tonnes (1000 kg.) 5% more or less in Owners' 17
option. 18

(iv) Is fully fitted with heating systems for all cargo tanks capable of maintaining cargo at a temperature of up 19
to degrees Celsius. 20

(v) Has tanks coated as follows: 21

(vi) Is equipped with cranes/derricks capable of lifting to and supporting at the vessel's port and starboard 22
manifolds submarine hoses of up to tonnes (1000 kg.) in weight. 23

(vii) Has cargo pumps capable of discharging a full cargo within hours or maintaining a back 24
pressure of at the vessel's manifold (provided shore facilities permit and the cargo does not 25
have a kinematic viscosity exceeding 600 centistokes at the discharge temperature required by 26
Charterers). 27
(viii) Has or will have carried the following three cargoes immediately prior to loading under this charter: 28

Last 29

2. 30

3. 31

(ix) Has a crude oil washing system complying with the requirements of the International Convention for the 32
Prevention of Pollution from Ships 1973 as modified by the Protocol of 1978 ("MARPOL 73/78"). 33

(x) Has an operational inert gas system. 34

(xi) Has on board all papers and certificates required by any applicable law, in force as at the date of this 35
charter, to enable the vessel to perform the charter service without any delay. 36

(xii) Is entered in P&I Club. 37

(B) Position/ Now Expected ready to load 38


Readiness 39

(C) Laydays Commencing Noon Local Time on (Commencement Date) 40

Terminating Noon Local Time on (Termination Date) 41


Issued July 1987 "SHELLVOY 5"
PART 1 PAGE 2

(D) Loading 42
Port(s)/ 43
Range one or more ports at Charterers' option 44

(E) Discharging 45
Port(s)/ 46
Range one or more ports at Charterers' option 47

(F) Cargo 48
description Charterers' option 49

Maximum temperature on loading degrees Celsius 50

(G) Freight rate At % of the rate for the voyage as provided for in the Worldwide Tanker Nominal Freight Scale current at 51
the date of commencement of loading (hereinafter referred to as "Worldscale") per ton (2240 lbs)/tonne 52
(1000Kg) 53

(H) Freight 54
payable to 55

(I) Laytime running hours 56

(J) Demurrage 57
per day (or 58
pro rata) 59

(K) ETAs All radio messages sent by the master to Charterers shall be addressed to 60

(L) Special 61
provisions 62

Signatures IN WITNESS WHEREOF, the parties have caused this charter consisting of the Preamble, Parts I and II to be 63
executed as of the day and year first above written. 64

By 65

By 66
1

Issued July 1987


"SHELLVOY 5"
PART II
67

Condition 1.Owners shall exercise due diligence to ensure that from the time when the obligation to proceed to the 68
of vessel loading port(s) attaches and throughout the charter service 69
(a) the vessel and her hull, machinery, boilers, tanks, equipment and facilities are in good order and 70
condition and in every way equipped and fit for the service required; and 71
(b) the vessel has a full and efficient complement of master, officers and crew; 72
and to ensure that before and at the commencement of any laden voyage the vessel is in all respects fit to carry the 73
cargo specified in Part I (F). 74

Cleanliness 2.Whilst loading, carrying and discharging cargo the master shall at all times use due diligence to keep 75
of tanks the tanks, lines and pumps of the vessel clean for the cargo specified in Part I(F). It shall be for the master alone to 76
decide whether the vessel's tanks, lines and pumps are suitably clean. However, the decision of the master shall 77
be without prejudice to the right of Charterers, should any contamination or damage subsequently be found, to 78
contend that the same was caused by inadequate cleaning and/or some breach of this or any other Clause of this 79
charter. 80

Voyage 3.Subject to the provisions of this charter the vessel shall perform her service with utmost despatch and 81
shall proceed to such berths as Charterers may specify, in any port or ports within Part I(D) nominated by 82
Charterers, or so near thereunto as she may safely get and there, always safely afloat, load a full cargo, but not in 83
excess of the maximum quantity consistent with the International Load Line Convention for the time being in 84
force and, being so loaded, proceed as ordered on signing bills of lading to such berths as Charterers may specify, 85
in any port or ports within Part I(E) nominated by Charterers, or so near thereunto as she may safely get and 86
there, always safely afloat, discharge the cargo. 87

Charterers shall nominate loading and discharging ports, and shall specify loading and discharging berths, in 88
sufficient time to avoid delay or deviation to the vessel. Subject to the foregoing, and provided it does not cause 89
delay or deviation to the vessel, Charterers shall have the option or ordering the vessel to safe areas at sea for 90
wireless orders. 91

In this charter, "berth" means any berth, wharf, dock, anchorage, submarine line, a position alongside any 92
vessel or lighter or any other loading or discharging point whatsoever to which Charterers are entitled to order the 93
vessel hereunder, and "port" means any port or location at sea to which the vessel may proceed in accordance 94
with the terms of this charter. 95

Safe berth 4,Charterers shall exercise due diligence to order the vessel only to ports and berths which are safe for 96
the vessel and to ensure that transhipment operations conform to standards not less than those set out in the latest 97
edition of ICS/OCIMF Ship-to-Ship Transfer Guide (Petroleum). Notwithstanding anything contained in this 98
charter, Charterers do not warrant the safety of any port, berth or transhipment operation and Charterers shall 99
not be liable for loss or damage arising from any unsafety if they can prove that due diligence was exercised in the 100
giving of the order. 101

Freight 5.Freight shall be earned concurrently with delivery of cargo at the nominated discharging port or ports 102
and shall be paid by Charterers to Owners without any deductions in United States Dollars at the rate(s) specified 103
in Part I(G) on the gross Bill of Lading quantity as furnished by the shipper (subject to Clauses 8 and 40), upon 104
receipt by Charterers of notice of completion of final discharge of cargo, provided that no freight shall be payable 105
on any quantity in excess of the maximum quantity consistent with the International Load Line Convention for 106
the time being in force. 107

If the vessel is ordered to proceed on a voyage for which a fixed differential is provided in Worldscale, such 108
fixed differential shall be payable without applying the percentage referred to in Part I(G). 109

If cargo is carried between ports and/or by a route for which no freight rate is expressly quoted in 110
Worldscale, then the parties shall, in the absence of agreement as to the appropriate freight rate, apply to 111
Worldscale Association (London) Ltd., or Worldscale Association (NYC) Inc., for the determination of an 112
appropriate Worldscale freight rate. 113

Save in respect of the time when freight is earned, the location of any transhipment at sea pursuant to Clause 114
26(2) shall not be an additional nominated port for the purposes of this charter (including this Clause 5) and the 115
freight rate for the voyage shall be the same as if such transhipment had not taken place. 116

Dues and 6.Dues and other charges upon the vessel, including those assessed by reference to the quantity of cargo 117
other charges loaded or discharged, and any taxes on freight whatsoever shall be paid by Owners, and dues and other charges 118
upon the cargo shall be paid by Charterers. However, notwithstanding the foregoing, where under a provision of 119
Worldscale a due or charge is expressly for the account of Owners or Charterers then such due or charge shall be 120
payable in accordance with such provision. 121

Loading and 7.The cargo shall be loaded into the vessel at the expense of Charterers and, up to the vessel's permanent 122
discharging hose connections, at Charterers' risk. The cargo shall be discharged from the vessel at the expense of Owners 123
cargo and, up to the vessel's permanent hose connections, at Owners' risk. Owners shall, unless otherwise notified by 124
Charterers or their agents, supply at Owners' expense all hands, equipment and facilities required on board for 125
mooring and unmooring and connecting and disconnecting hoses for loading and discharging. 126

Deadfreight 8.Charterers need not supply a full cargo, but if they do not freight shall nevertheless be paid as if the 127
vessel had been loaded with a full cargo. 128

The term "full cargo" as used throughout this charter means a cargo which, together with any collected 129
washings (as defined in Clause 40) retained on board pursuant to the requirements of MARPOL 73/78, fills the 130
vessel to either her applicable deadweight or her capacity stated in Part I(A)(iii), whichever is less, while leaving 131
sufficient space in the tanks for the expansion of cargo. 132
32

(2)If the vessel loads or discharges cargo by transhipment at sea time shall count from the arrival of 203
the vessel at the transhipment area or from commencement of the laydays, whichever is later, and, subject to 204
Shifting Clause
9.Charterers
14(c), shallshall
runhave
until the
transhipment
right to require
has been
the vessel
completed
to shift
andatthe
ports
vessels
of loading
have separated.
and/or discharging from a 133
205
loading or discharging berth within port limits and back to the same or to another such berth once or more often 134
on payment(3)Notwithstanding
of all additional expenses
anything else
incurred.
in thisFor
Clause
the purposes
13, if Charterers
of freightstart
payment
loading
andorshifting
discharging
the places
the 135
206
grouped
vessel before
in Port
time
andwould
Terminal
otherwise
Combinations
start to run
in Worldscale
under this charter,
are to be
time
considered
shall run as
from
berths
commencement
within a singleof port.
such If 136
207
at any time
loading or discharging.
before cargo operations are completed it becomes dangerous for the vessel to remain at the specified 137
208
berth as a result of wind or water conditions, Charterers shall pay all additional expenses of shifting from any such 138
berth and(4)For
back tothethat
purposes
or any ofother
thisspecified
Clause 13berth
and within
of Clause
port14limits
"time"(except
shall to
mean
the laytime
extent that
or time
any fault
counting
of the 139
209
vessel
for demurrage,
contributedas the
to such
case danger).
may be. 140
210

Suspension Subject toshall


14.Time Clause
not 14(a)
count and
when (c) time spent shifting shall count against laytime or if the vessel is on demurrage 211
141
of time for demurrage. 142
212
(a) spent on inward passage from the vessel's waiting area to the loading or discharging berth 213
Charterers' 10.If the vessel
specified
is delayed
by Charterers,
due to Charterers'
even if lightening
breach ofoccurred
Clause 3atCharterers
such waiting shall,
area;
subject
or to the terms 143
214
failure to give hereof, compensate
(b) spent inOwners
handlinginballast
accordance
exceptwith
to the
Clause
extent 15(1)
that and
cargo(2)operations
as if such are
delay
carried
wereontime
concurrently
exceeding the 144
215
orders laytime. and are not delayed thereby; or 145
216
(c) lost as a result of 217
The period(i) of suchbreach
delayof shall
this Charter
be calculated
by Owners; or 146
218
(i) from 6 hours
(ii) anyafter
cause
Owners
attributable
notify to Charterers
the vessel,thatincluding
the vesselbreakdown
is delayedorawaiting
inefficiency
nomination
of the vessel;
of loading
or 147
219
port until
(iii)such
strike,
nomination
lock-out, stoppage
has been received
or restraint
by of
Owners,
labour orof master, officers or crew of the vessel or 148
220
(ii) from 6 hourstug after
boats
the or vessel
pilot.gives notice of readiness at the loading port until commencement of 149
221
loading 150
Demurrage as the case
15.(1) Charterers
may be, shall
subject
pay demurrage
always to the at the
samerate
exceptions
specified asin those
Part I(J).
set out in Clause 14. Any period of delay 151
222
in respect of which Charterers pay compensation pursuant to this Clause 10 shall be excluded from any 152
calculation
If the demurrage
of time rate
forspecified
laytime or in demurrage
Part I(J) is expressed
made under asany
a percentage
other Clauseof Worldscale
of this charter.
such percentage shall 153
223
be applied to the demurrage rate applicable to vessels of a similar size to the vessel as provided in Worldscale or, 224
for the
Periods
purpose
of delay
of clause
hereunder
10 and/or shallif be
thiscumulative
charter is terminated
for each port,priorandtoOwners
the commencement
may demandofcompensation
loading, in theafter 154
225
the vessel has
Worldwide Tanker
been Nominal
delayed for Freight
a totalScale
of 20current
running at days,
the termination
and thereafter
dateafter
specified
each in
succeeding
Part I(C).5 running days of 155
226
delay and at the end of any delay. Each such demand shall show the period in respect of which compensation is 156
claimed
Demurrage
and the shall
amount be due.
paid Charterers
per runningshall day pay
or pro
therata
fullfor
amount
part thereof
due within
for all
14time
dayswhich,
after receipt
under the
of Owners'
provisions 157
227
demand.
of this charter,
Shouldcounts
Charterers
against faillaytime
to make or any
for demurrage
such payments and which
Owners exceeds
shall have
the laytime
the rightspecified
to terminate
in Part
thisI(I).
charter 158
228
by giving written
Charterers' liability
notice
for exceeding
to Charterers the laytime
or their shall
agents,
be without
absoluteprejudice
and shalltonotanyin claims
any casewhich
be subject
Charterers
to theor 159
229
Owners may
provisions of have
Clauseagainst
32. each other under this charter or otherwise. 160
230

Laydays/ 11.Should
(2)If, however,
the vesselall notorbepart
ready
of such
to load
demurrage
by noonariseslocal time
out ofonorthe results
termination
from fire date
or explosion
set out in Part
at ports
I(C)of 231
161
Termination loading and/or
Charterers shalldischarging
have the option
in or ofabout
terminating
the plantthis of Charterers,
charter unless shippers
the vessel
or consignees
has been delayed
of the cargo
due to
(notCharterers'
being a 162
232
change
fire or explosion
of orders caused
pursuant bytotheClause
negligence
26, in or which
wilful caseactthe
or laydays
omissionshallof Charterers,
be extended shippers
by the period
or consignees
of of 163
233
suchcargo
the delay.
or their respective servants or agents), act of God, act of war, riot, civil commotion, or arrest or 164
234
restraint of princes rulers or peoples, the rate of demurrage shall be reduced by half for such demurrage or such 235
part However,
thereof. if Owners reasonably conclude that, despite the exercise of due diligence, the vessel will not be 165
236
ready to load by noon on the termination date, Owners may, as soon as they are able to state with reasonable 166
certainty(3)Owners
a new dateshallwhennotify
the vessel
Charterers
will bewithin
ready,60give daysnotice
after to
completion
Charterersofdeclaring
dischargethe if new
demurrage
readinesshasdate and 167
237
askingincurred
been Charterers
and toanyelect
demurrage
whetherclaimor nottogether
to terminatewith this
supporting
charter.documentation
Unless Charterers shallwithin
be submitted
4 days after
withinsuch
90 168
238
noticeafter
days or within
completion
2 daysofafter
discharge.
the termination
If Owners date
fail(whichever
to give noticeis earlier)
of or todeclare
submitthis
anycharter
such claim
terminated,
within the
Parttime
I(C) 169
239
shall be
limits aforesaid,
deemed Charterers'
to be amended liability
such for
thatsuch
the new
demurrage
readinessshalldate
be stated
extinguished.
shall be the commencement date and the 170
240
second day thereafter shall be the termination date. 171
Vessel 16.Charterers shall have the right, but no duty, to have a representative attend on board the vessel at any 241
inspection loading
Theand/or
provisions
discharging
of this Clause
ports (except
and thelocations
exercise at orsea)
non-exercise
and the master
by Charterers
and Owners of their
shalloption
co-operate
to terminate
to facilitate 172
242
shallinspection
his not prejudice
of theanyvessel
claimsandwhich
observation
Charterersof cargo
or Owners
operations.
may have
However,against such
eachright,
other. and the exercise or 173
243
non-exercise thereof, shall in no way reduce the master's or Owners' authority over, or responsibility to 244
Laytime Charterers’and
12.The laytimethirdfor
parties
loading,
for, the
discharging
vessel and and every
all other
aspect Charterers'
of her operation,
purposesnor whatsoever
increase Charterers'
shall be the 174
245
number of running
responsibilities to Owners
hours specified
or third parties
in Part forI(I).the
Charterers
same. shall have the right to load and discharge at all times, 175
246
including night, provided that they shall pay for all extra expenses incurred ashore. 176
Cargo inspection 17.Without prejudice to Clause 2 hereof, Charterers shall have the right to require inspection of the 247
Notice vessel's
13.(I)
tanks
Subject
at loading
to the and/or
provisions
discharging
of Clauses ports13(3)
(except
and 14,
locations
if the vessel
at sea) loads
to ascertain
or discharges
the quantity
cargoandother
quality
than of 177
248
of readiness/ by transhipment
the cargo, water and at sea.
residues on board. Depressurisation of the tanks to permit inspection and/or ullaging shall 178
249
Running time be carried out in accordance with the recommendations in the latest edition of the International Safety Guide for 179
250
Oil Tankers and Terminals. Charterers shall also have the right to inspect and take samples from the bunker tanks 251
and other non-cargo(a) Timespaces.
at eachAnyloading
delay to orthe
discharging
vessel caused port shall
by suchcommence
inspection to run
and 6measurement
hours after the or vessel
associated
is in 180
252
depressurising/repressurising
all respects of ready
tanks toshall
load count
or discharge
against laytime,
and writtenor it notice
the vessel
thereof
is onhas demurrage,
been tenderedfor demurrage.
by the 181
253
master or Owners' agents to Charterers or their agents and the vessel is securely moored at 182
Cargo 18.The master shall the specified
ascertain loading
the contents
or discharging
of all tanksberth.
beforeHowever,
and afterifloading
the vesselanddoesbeforenotand
proceed
after 183
254
measurement discharging, and shall immediately
prepare tank-by-tank
to such berth ullage
timereports
shall commence
of the cargo, to run
water6 hours
and residues
after (i)on theboard
vesselwhich
is lying
shall
in 184
255
be promptly made availablethe area to where
Charterers
she was orordered
their representative
to wait or, inifthe requested.
absence Eachof anysuchsuchullage
specific
report
order,
shall
in show
a 185
256
actual ullage/dips, and usual waitingat area
densities and (ii)
observed andwritten
standard notice of readiness
temperature has been tendered
(15°Celsius). and (iii)
All quantities thebe
shall 186
257
expressed in cubic metres specified
at both
berthobserved
is accessible.
and standard
A loading temperature.
or discharging berth shall be deemed inaccessible 187
258
only for so long as the vessel is or would be prevented from proceeding to it by bad weather, 188
Inert gas 19.The vessel's inert
tidal conditions,
gas system (if ice,any)
awaiting
shall comply
daylight,withpilotRegulation
or tugs, or62, portChapter
traffic control
II-2 of the
requirements
1974 Safety of 189
259
Life at Sea Convention (except
as modified
those requirements
by the Protocol resulting
of 1978fromandtheOwners
unavailability
warrant of that such
suchberth
system
or ofshall
the cargo).
be 190
260
operated in accordance with the guidance given in the IMO publication "Inert Gas System (1983)". Should the 261
inert gas system fail,IfSection
Charterers8 (Emergency
fail to specifyProcedures)
a berth atofany theport,
said the
IMO first
publication
berth at whichshall bethestrictly
vessel adhered
loads or to 191
262
and time lost as a consequence
discharges of thesuch
cargo failure
or anyshallpartnotthereof
countshall
against
be deemed
laytime to or,beif the
the specified
vessel is on
berth
demurrage,
at such for 192
263
demurrage port for the purposes of this Clause. 193
264

Crude oil 20.If the vessel is


Notice
equipped
shallfor
notcrude
be tendered
oil washing
beforeCharterers
commencementshall have
of laydays
the rightandto require
notice tendered
the vessel
bytoradio 265
194
washing crude oil wash thoseshall
tanksqualify
in which
as written
the cargo
notice
is carried.
provided
If crude
it is confirmed
oil washingin iswriting
requiredas soon
by Charterers
as reasonably
or any 195
266
competent authority,possible.
any additional discharging time thereby incurred shall count against laytime or, if the vessel 196
267
is on demurrage, for demurrage, and the number of hours specified in Part I(A)(vii) shall be increased by 0.75 268
hours per cargo(b)
tank
Time
washed.
shall continue to run 197
269
(i) until cargo hoses have been disconnected, or 198

(ii) if the vessel is delayed for Charterers' purposes for more than one hour after 199
disconnection of cargo hoses, until the termination of such delay provided that if the 200
vessel waits at any place other than the berth, time on passage to such other place, from 201
disconnecting of hoses to remooring/anchorage at such other place, shall not count. 202
4

Over age 21.Any additional insurance on the cargo required because of the age of the vessel shall be for Owners' 270
insurance account. 271

Ice 22.The vessel shall not be required to force ice or to follow icebreakers. If the master finds that a 272
nominated port is inaccessible due to ice, the master shall immediately notify Charterers requesting revised 273
orders and shall remain outside the ice-bound area; and if after arrival at a nominated port there is danger of the 274
vessel being frozen in, the vessel shall proceed to the nearest safe and ice free position and at the same time 275
request Charterers to give revised orders. 276

In either case if the affected port is 277


(i) the first or only loading port and no cargo has been loaded, Charterers shall either nominate another 278
port, or give notice cancelling this charter in which case they shall pay at the demurrage rate in Part I(J) 279
for the time from the master's notification aforesaid or from notice of readiness on arrival, as the case 280
may be, until the time such cancellation notice is given; 281
(ii) a loading port and part of the cargo has been loaded, Charterers shall either nominate another port, or 282
order the vessel to proceed on the voyage without completing loading in which case Charterers shall 283
pay for any deadfreight arising therefrom; 284
(iii) a discharging port, Charterers shall either nominate another port or order the vessel to proceed to or 285
return to and discharge at the nominated port. If the vessel is ordered to proceed to or return to a 286
nominated port, Charterers shall bear the risk of the vessel being damaged whilst proceeding to or 287
returning to or at such port, and the whole period from the time when the master's request for revised 288
orders is received by Charterers until the vessel can safely depart after completion of discharge shall 289
count against laytime or, if the vessel is on demurrage, for demurrage. 290

If, as a consequence of Charterers revising orders pursuant to this clause, the nominated port(s) or the 291
number of rotation of ports is changed freight, shall nevertheless be paid for the voyage which the vessel would 292
otherwise have performed had the orders not been so revised, such freight to be increased or reduced by the 293
amount by which, as a result of such revision of orders, 294
(a) the time used including any time awaiting revised orders (which shall be valued at the demurrage rate 295
in Part I(J)), 296
(b) the bunkers consumed (which shall be valued at the bunker costs at the port at which bunkers were last 297
taken) and 298
(c) the port charges 299
for the voyage actually performed are greater or less than those that would have been incurred on the voyage 300
which, but for the revised orders under this Clause, the vessel would have performed. 301

Quarantine 23.Time lost due to quarantine shall not count against laytime or for demurrage unless such quarantine 302
was in force at the time when the affected port was nominated by Charterers. 303

Agency 24.The vessel's agents shall be nominated by Charterers at nominated ports of loading and discharging. 304

Such agents, although nominated by Charterers, shall be employed and paid by Owners. 305

Charterers' 25.(1) (a) If the vessel, with the quantity of cargo then on board, is unable due to inadequate depth of 306
obligation at water in the port safely to reach any specified discharging berth and discharge the cargo there always safely afloat, 307
shallow draft Charterers shall specify a location within port limits where the vessel can discharge sufficient cargo into vessels or 308
port/ lighters to enable the vessel safely to reach and discharge cargo at such discharging berth, and the vessel shall 309
Lightening in lighten at such location. 310
port

(b) If the vessel is lightened pursuant to Clause 25(1)(a) then, for the purposes of the calculation 311
of laytime and demurrage, the lightening place shall be treated as the first discharging berth within the port where 312
such lightening occurs. 313
Charterers' 26.(1) If, after loading and/or discharging ports have been nominated, Charterers wish to vary such 314
orders/ nominations or their rotation, Charterers may give revised orders subject to Part I(D) and/or (E), as the case may 315
Change of be. Charterers shall reimburse Owners at the demurrage rate provided in Part I(J) for any deviation or delay 316
orders/ which may result therefrom and shall pay at replacement price for any extra bunkers consumed. 317
Part cargo
transhipment Charterers shall not be liable for any other loss or expense which is caused by such variation unless promptly 318
on receipt of the revised orders Owners notify Charterers of the expectation of such loss or expense in which case, 319
unless Charterers promptly revoke such orders, Charterers shall be liable to reimburse Owners for any such loss 320
or expense proven. 321

(2)Subject to Clause 33(6), Charterers may order the vessel to load and/or discharge any part of the 322
cargo by transhipment at sea in the vicinity of any nominated port or en route between two nominated ports, in 323
which case Charterers shall reimburse Owners at the demurrage rate specified in Part I(J) for any additional 324
steaming time and/or delay which may be incurred as a consequence of proceeding to and from the location at sea 325
of such transhipment and, in addition, Charterers shall pay at replacement price for any extra bunkers consumed. 326

Heating 27.If Charterers require cargo heating the vessel shall, on passage to and whilst at discharging port(s), 327
of cargo maintain the cargo at the loaded temperature or at the temperature stated in Part I(A)(iv), whichever is the 328
lower. Charterers may request that the temperature of the cargo be raised above or lowered below that at which it 329
was loaded, in which event Owners shall use their best endeavours to comply with such request and Charterers 330
shall pay at replacement price for any additional bunkers consumed and any consequential delay to the vessel shall 331
count against laytime or, if the vessel is on demurrage, for demurrage. 332
65

ETA 28.Owners
(6)Notwithstanding
undertake that, anyunless
otherCharterers
provisionsrequireof this charter,
otherwise, Owners
the master
shall not
shall:be obliged to comply with 333
402
any orders(a)fromadvise
Charterers
Charterers
to discharge
by radioallimmediately
or part of the oncargo
leaving the final port of call on the previous voyage or 334
403
withinat48
(i) anyhours
port after
otherthethan time
thatand shown
date on of the
thisbills
charter,
of lading
whichever
(except is the
as provided
later, of thein Clauses
time and22date or 335
404
of the34) vessel's
and/orexpected arrival at the first loading port or, if the loading range is in the Arabian 336
405
Gulf,
(ii) without
the time presentation
of her expected of an original
arrival off billQuoin
of lading Island; 337
406
unless they
(b) have
confirmreceived
or amend fromsuch Charterers
advice bothnot later
writtenthanconfirmation
72 hours andofagain such not
orders
laterandthan an24indemnity
hours before acceptable
the 338
407
to Owners. vessel is due at the first loading port or, in the case of a loading range in the Arabian Gulf, off 339
408
Quoin Island; 340
(c) advise
(7)The masterCharterers
shall not be by required
radio immediately
or bound toafter signdeparture
bills of ladingfrom the
for final
any blockaded
loading port, portoforthe forvessel's
any 341
409
port which the expected
master ortime Owners of arrival
in his at or the
their first
discretion
discharging considerport dangerous
or the area or at impossible
sea to whichtothe entervessel
or reach.
has been 342
410
instructed to proceed for wireless orders, and confirm or amend such advice not later than 72 343
(8)Charterers
hours and hereby
againwarrant
not later that
thanon24 eachhours
andbefore
every occasion
the vesselthat is due
theyatissue
such orders
port orunder
area; Clauses 344
411
22, 26, 34(d)orimmediately
38 they will radio have any the authority
variation of of the
more holders
than six of the
hours bills
fromof lading
expected to give
timessuch of arrival
orders,atand loading
that such 345
412
bills of lading will
or discharging
not be transferred
ports. Quointo anyIslandpersonorwho suchdoesareanot at sea
concur
to Charterers;
therein. 346
413
(e) address all radio messages in accordance with Part I(K). 347
War Risks Owners
34.(1)
shall
If be responsible for any consequences or additional expenses arising as a result of non-compliance 348
414
with this Clause. (a) any loading or discharging port to which the vessel may properly be ordered under the 349
415
provisions of this charter or bills of lading issued pursuant to this charter be blockaded, or 416
Packed cargo 29.Charterers(b) owing
have the to option
any war, of hostilities,
shipping products warlike and/or
operation, generalcivilcargo
commotions,
in available revolutions,
dry cargoorspace,the the 350
417
quantity being subject operation
to the master's
of international
discretion. lawFreight
(i) entry shallto any
be payable
such loading
at the orbulkdischarging
rate in accordance
port or the withloading 351
418
Clause 5 and Charterers or discharging
shall pay inofadditioncargo atall any
expenses
such port incurred
be considered
solely asbya theresultmaster
of theorpacked
Ownerscargo in hisbeing
or their 352
419
carried. Delay occasioned discretionto the dangerous
vessel byorthe prohibited
exercise of or such
(ii) itoption
be considered
shall count by the
against
master laytime
or Owners
or, if the
in his
vessel
or is 353
420
on demurrage, for demurrage.
their discretion dangerous or impossible or prohibited for the vessel to reach any such 354
421
loading or discharging port, 422
Subletting/ Charterers
30.Charterers
shall have shallthehave
rightthe to option
order the of sub-chartering
cargo or such part the vessel
of it asand/or
may beofaffected
assigning to this
be loaded
charterortodischarged
any at 355
423
Assignment person
any other
or loading
persons,or but
discharging
Charterersport shallwithin
always theremain
rangesresponsible
specified infor Part
theI(D)
due orfulfilment
(E) respectively
of all the(provided
terms andsuch 356
424
conditions
other port isofnot
thisblockaded
charter. and that entry thereto or loading or discharging of cargo thereat or reaching the same 357
425
is not in the master's or Owners' opinion dangerous or impossible or prohibited). 426
Liberty 31.The vessel shall be at liberty to tow or be towed, to assist vessels in all positions of distress, to call at any 358
port or ports
(2)Iffor
no bunkers,
orders betoreceived
sail without frompilots,
Charterersand towithin
deviate 48forhoursthe after
purposetheyoforsaving
their agents
life or have
property
received
or for the 359
427
purpose
from Owners
of embarking
a requestorfordisembarking
the nomination persons
of a substitute
spares or port, supplies thenby helicopter or for any other reasonable 360
428
purpose. (a) if the affected port is the first or only loading port and no cargo has been loaded, this charter 361
429
shall terminate forthwith; 430
Exceptions 32.(a) Theifvessel,
(b) the affected
her masterport is and a loading
Ownersport shalland not,part unless
of the otherwise
cargo has in already
this charterbeenexpressly
loaded, provided, 362
431
be liable for any lossthe or vessel
damage may or delay
proceed or on
failure
passage
arisingandorCharterers
resulting shallfrom payany for
act,anyneglect
deadfreight
or default so of the 363
432
master, pilots, mariners incurred;
or other servants of Owners in the navigation or management of the vessel; fire, unless 364
433
caused by the actual
(c) if the
faultaffected
or privity portofisOwners;
a discharging
collision port,orOwners
stranding; shalldangers
be at liberty
and accidents
to dischargeof thethe sea;cargo
explosion,
at 365
434
bursting of boilers, breakage
any port which of shafts they ororanythelatent
master defect
mayininhull, theirequipment
or his discretion
or machinery;
decide on provided,
(whetherhowever,
within 366
435
that Part I(A) and Clausesthe range 1 and specified
2 hereof in shall
Part I(E)
be unaffected
or not) andbysuch the foregoing.
dischargingFurther,
shall beneither
deemed thetovessel,
be dueher 367
436
master or Owners, nor fulfilment
Charterers of the
shall,
contract
unlessorotherwise
contractsinofthis affreightment
charter expresslyso far as provided,
cargo sobedischarged
liable for is any loss 368
437
or damage or delay or concerned.
failure in performance hereunder arising or resulting from act of God, act of war, act of 369
438
public enemies, seizure under legal process, quarantine restrictions, strikes, lock-outs, restraints of labour, riots, 370
civil commotions
(3)If in accordance
or arrest orwith restraint
Clause of 34(1)
princes, or (2)
rulerscargo
or people.
is loaded or discharged at any such other port, 371
439
freight shall be paid as for the voyage originally nominated, such freight to be increased or reduced by the amount 440
by which,(b)asNothing
a result in of this
loadingcharteror discharging
shall be construed at such as other
in any port,way restricting, excluding or waiving the right 372
441
of Owners or of(a)any theother
timerelevant
on voyage persons
includingto limitanytheir
timeliability
awaitingunder revisedanyorders
available(whichlegislation
shall beorvalued
law. at the 373
442
demurrage rate in Part I(J)), 443
(c) (b) Clausethe bunkers
32(a) shall consumed
not apply (which
to or affect
shall be any valued
liabilityat the
of Owners
bunker costs
or theatvessel
the portor at
any which
other relevant 374
444
person in respect of bunkers were last taken), and 375
445
(c) the port charges 446
for the voyage (i) actually
lossperformed
or damageare caused
greater to or
anylessberth,
thanjetty,
thosedock,which dolphin,
would buoy,
have beenmooring incurred
line, onpipetheorvoyage 376
447
originally nominated.crane Saveorasotheraforesaid,
worksthe or equipment
voyage actually whatsoeverperformed at orshall
near beanytreated
port tofor which
the purpose
the vessel of this
may 377
448
Charter as if it were proceed
the voyage under originally
this charter,
nominated.
whether or not such works or equipment belong to Charterers, 378
449
or 379
(4)The vessel shall have liberty to comply with any directions or recommendations as to departure, 450
arrival, routes, (ii)
portsanyofclaim
call, stoppages,
(whether brought destinations,
by Charterers
zones, waters, or anydelivery
other person)
or in anyarising
otherwise
out of anywhatsoever
loss of or 380
451
given by the government damage of the
to or nation
in connection
under whose withflagcargo.
the All vessel
such sails
claims
or anyshall
other
be subject
government to theor local authority 381
452
including any de facto Hague-Visby
governmentRules or local or the
authority
Hagueor Rules,
by any as person
the caseormay bodybe, acting
which orought
purporting
pursuant to act
to as
Clause
or 382
453
with the authority of37 anyhereof
such to government
have beenor incorporated
authority orinbythe anyrelevant
committee bill oforlading
person(whether
having underor notthe suchterms
Rulesof 383
454
the war risks insurance were onso theincorporated)
vessel the right or, ifto no
givesuch
anybill such of directions
lading is issued,
or recommendations.
to the Hague-Visby If byRules.
reason of or in 384
455
compliance with any such directions or recommendations anything is done or is not done, such shall not be 456
Bills of Lading deemed
33.(1)
a deviation.
Subject to the provisions of this Clause Charterers may require the master to sign lawful bills of 385
457
lading for any cargo in such form as Charterers direct. 386
If by reason of or in compliance with any such directions or recommendations the vessel does not proceed to 458
the discharging
(2)The port
signingor ports
of bills originally
of lading nominated
shall be without
or to which prejudice
she may to this
have charter
been properly
and Charterersorderedherebyunder the 387
459
indemnify Owners
provisions of this Charter
againstorallbills liabilities
of lading thatissued
may arisepursuant
fromtosigningthis Charter,
bills ofthelading
vessel to the
mayextent
proceed thattotheanysame 460
impose liabilities
discharging port on upon
whichOwnersthe master
in excessor Owners
of or beyondin his those
or their imposed
discretion by this
maycharter.
decide and there discharge the 388
461
cargo. Such discharging shall be deemed to be due fulfilment of the contract or contracts of affreightment and 389
462
Owners shall be entitled to freight as if discharging had been effected at the port or ports originally nominated or 463
to which(3)All
the vessel
billsmayof lading
have presented
been properly to the ordered
masterunder for signature,
the provisionsin addition
of thistocharter
complying or bills
withof the
lading issued 390
464
requirements
pursuant to this
of charter.
ClausesAll 35, extra
36 and expenses
37, shallinvolved
include in or reaching
effectively andincorporate
discharging clauses
the cargo substantially
at any such similar
otherto the 391
465
terms of Clauses
discharging port shall
22, 33(7)
be paid andby 34.Charterers and Owners shall have a lien on the cargo for all such extra expenses. 392
466

(4)All bills of lading presented for signature hereunder shall show a named port of discharge. If 393
when bills of lading are presented for signature discharging port(s) have been nominated hereunder, the 394
discharging port(s) shown on such bills of lading shall be in conformity with the nominated port(s). If at the time 395
of such presentation no such nomination has been made hereunder, the discharging port(s) shown on such bills of 396
lading must be within Part I(E) and shall be deemed to have been nominated hereunder by virtue of such 397
presentation. 398

(5)Article III Rules 3 and 5 of the Hague-Visby Rules shall apply to the particulars included in the 399
bills of lading as if Charterers were the shippers, and the guarantee and indemnity therein contained shall apply to 400
the description of the cargo furnished by or on behalf of Charterers. 401
7

Both to blame 35.If the liability for any collision in which the vessel is involved while performing this charter falls to be 467
clause determined in accordance with the laws of the United States of America, the following clause, which shall be 468
included in all bills of lading issued pursuant to this charter shall apply: 469

"If the vessel comes into collision with another vessel as a result of the negligence of the other vessel or any act, 470
neglect or default of the master, mariner, pilot or the servants of the Carrier in the navigation or in the 471
management of the vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or 472
liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or 473
damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by the other or non-carrying 474
vessel or her owners to the owners of the said cargo and set off, recouped or recovered by the other or 475
non-carrying vessel or her owners as part of their claim against the carrying vessel or the Carrier. 476

The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or 477
vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision 478
or contact." 479

General 36.General average shall be payable according to the York/Antwerp Rules, 1974, and shall be adjusted in 480
average/ London, but should the adjustment be made in accordance with the law and practice of the United States of 481
New Jason America, the following clause, which shall be included in all bills of lading issued pursuant to this charter, shall 482
Clause apply: 483

"In the event of accident, danger, damage or disaster before or after the commencement of the voyage, 484
resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of 485
which, the Carrier is not responsible, by statute, contract or otherwise, the cargo, shippers, consignees or owners 486
of the cargo shall contribute with the Carrier in general average to the payment of any sacrifices, losses or 487
expenses of a general average nature that may be made or incurred and shall pay salvage and special charges 488
incurred in respect of the cargo. 489

If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving 490
vessel or vessels belonged to strangers. Such deposit as the Carrier or its agents may deem sufficient to cover the 491
estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the 492
cargo, shippers, consignees or owners of the cargo to the Carrier before delivery." 493

Clause 37.The following clause shall be included in all bills of lading issued pursuant to this charter: 494
Paramount 495
"CLAUSE PARAMOUNT 496

(1)Subject to sub-clause (2) hereof, this bill of lading shall be governed by, and have effect subject 497
to, the rules contained in the International Convention for the Unification of Certain Rules relating to Bills of 498
Lading signed at Brussels on 25th August 1924 (hereafter the "Hague Rules") as amended by the Protocol signed 499
at Brussels on 23rd February 1968 (hereafter the "Hague-Visby Rules"). Nothing herein contained shall be 500
deemed to be either a surrender by the carrier of any of his rights or immunities or any increase of any of his 501
responsibilities or liabilities under the Hague-Visby Rules. 502

(2)If there is governing legislation which applies the Hague Rules compulsorily to this bill of lading, 503
to the exclusion of the Hague-Visby Rules, then this bill of lading shall have effect subject to the Hague Rules. 504
Nothing therein contained shall be deemed to be either a surrender by the carrier of any of his rights or 505
immunities or an increase of any of his responsibilities or liabilities under the Hague Rules. 506

(3)If any term of this bill of lading is repugnant to the Hague-Visby Rules, or Hague Rules if 507
applicable, such term shall be void to that extent but no further. 508

(4)Nothing in this bill of lading shall be construed as in any way restricting, excluding or waiving the 509
right of any relevant party or person to limit his liability under any available legislation and/or law." 510

Back loading 38.Charterers may order the vessel to load a part cargo at any nominated discharging port, and to 511
discharge such part cargo at a port(s) to be nominated by Charterers within the range specified in Part I(E) and 512
within the rotation of the discharging ports previously nominated, provided that such part cargo is of the 513
description specified in Part I(F) and that the master in his absolute discretion determines that this cargo can be 514
loaded, segregated and discharged without risk of contamination by, or of, any other cargo remaining on board. 515

Charterers shall pay a lump sum freight in respect of such part cargo calculated at the demurrage rate 516
specified in Part I(J) on any additional time used by the vessel as a result of loading, carrying or discharging such 517
part cargo. 518

Any additional expenses, including port charges, incurred as a result of loading or discharging such part 519
cargo shall be for Charterers' account. 520

Bunkers 39.Owners shall give Charterers or any other company in the Royal Dutch/Shell Group of Companies first 521
option to quote for the supply of bunker requirements for the performance of this charter. 522

Oil pollution 40.(1) Owners shall ensure that the master shall: 523
prevention (a) comply with MARPOL 73/78 including in particular and without limitation Regulation 9, 524
Chapter II of the International Convention for the Prevention of Pollution from Ships 1973; 525
(b) collect the drainings and any tank washings into a suitable tank or tanks and, after maximum 526
separation of free water, discharge the bulk of such water overboard, consistent with the 527
above regulations; and 528
(c) thereafter notify Charterers promptly of the amounts of oil and free water so retained on 529
board and details of any other washings retained on board from earlier voyages (together 530
called the "collected washings"). 531
98

Law and 43.(a)


(2)On Thisbeingcharter
so notified,
shall beCharterers,
construedinand accordance
the relationswithbetween
their rights
the parties
under this determined
Clause (which
in accordance
shall 600
532
Litigation with thewithout
include laws of limitation
England. the right to determine the disposal of the collected washings), shall before the vessel's 533
601
arrival at the loading berth (or if already arrived as soon as possible thereafter) give instructions as to how the 534
collected(b)
washings
any disputeshall arising
be dealtunder
with.this
Owners
chartershall
shall
ensure
be decided
that thebymaster
the English
on the Courts
vessel'stoarrival
whoseatjurisdiction
the loading 535
602
berth
the parties
(or if hereby
alreadyagree.
arrived as soon as possible thereafter) shall arrange in conjunction with the cargo suppliers 536
603
for the measurement of the quantity of the collected washings and shall record the same in the vessel's ullage 537
record. (c) Notwithstanding the foregoing, but without prejudice to any party's right to arrest or maintain 538
604
the arrest of any maritime property, either party may, by giving written notice of election to the other party, elect 605
to have any
(3)Charterers
such dispute mayreferred
requiretothe
thecollected
arbitration washings
of a single
to bearbitrator
dischargedin London
ashore at in the
accordance
loading port,
with in
the 539
606
which caseof
provisions nothe
freight
Arbitration
shall beAct payable
1950,on or them.
any statutory modification or re-enactment thereof for the time being 540
607
in force. 608
(4)Alternatively Charterers may require either that the cargo be loaded on top of the collected 541
washings and the (i) collected
A partywashings
shall losebe itsdischarged
right to make withsuch
the cargo,
an election
or that
onlytheyif:be kept separate from the cargo in 542
609
which case Charterers (a)shall
it receives
pay forfrom
any thedeadfreight
other partyincurred
a writtenthereby
notice
in of
accordance
dispute which with Clause 8 and shall, if 543
610
practicable, accept discharge(1)statesofexpressly
the collectedthat awashings
dispute has at the
arisen
discharging
out of thisport
charter;
or ports. 544
611
(2)specifies the nature of the dispute; and 612
In either case, provided(3)refers thatexpressly
the master to this
has reduced
clause 43(c)the free
and;water in the collected washings to a minimum 545
613
consistent with the retention
(b) it fails ontoboard
give notice
of the oilof election
residues to in have
themthe anddispute
consistent
referred
withtosub-Clause
arbitration(1)(a)
not later
above,
than 546
614
freight in accordance with 30 Clause
days5from
shallthe be date
payable
of receipt
on theof quantity
such notice
of theofcollected
dispute. washings as if such quantity 547
615
were included in a bill of lading and the figure therefor furnished by the shipper provided, however, that 548
(i) the
(ii) if parties
there ishereby
a provision
agreeinthat thiseither
charter
party
for may
a lower freight rate to apply to cargo in excess of an 549
616
agreedappeal
(a) quantityto the
, freight
Highon Court
the collected
on any question
washingsof law
shallarising
be paidout at of
suchan lower
award;rate (provided 550
617
suchapply
(b) agreedto the
quantity
High of Court
cargo forhas
an been
orderloaded)
that theandarbitrator state the reasons for his award; 551
618
(ii) if (c)
there isgive
provision
notice to inthe
thisarbitrator
charter for thata minimum
a reasonedcargo awardquantity
is required;
which and
is less than a full 552
619
cargo,
(d) applythentowhether
the HighorCourtnot such
to determine
minimumany cargoquestion
quantityof law
is furnished,
arising infreight
the course
on the
of the 553
620
collectedreference.
washings shall be paid as if such minimum cargo quantity had been furnished, 554
621
provided that no freight shall be payable in respect of any collected washings which are kept 555
(d) It shall be separate
a condition
from precedent
the cargo and to thenotright
discharged
of any party
at thetodischarge
a stay ofport.
any legal proceedings in 556
622
which maritime property has been, or may be, arrested in connection with a dispute under this charter, that that 623
party furnishes
(5)Whenever
to the other
Charterers
party security
require the to which
collectedthatwashings
other party to would
be discharged
have been ashore
entitled
pursuant
in such
to legal
this 557
624
Clause, Charterers
proceedings in the absence
shall provideof a stay.
and pay for the reception facilities, and the cost of any shifting therefor shall be 558
625
for Charterers' account. Any time lost discharging the collected washings and/or shifting therefor shall count 559
Construction against
44 laytime
The side or,headings
if the vessel
haveisbeenon demurrage,
included infor thisdemurrage.
charter for convenience of reference and shall in no 560
626
way affect the construction hereof. 627
TOVALOP 41.Owners warrant that the vessel: 561
(i) is a tanker owned by a Participating Owner in TOVALOP 562
and 563
(ii) is entered in the P&I Club stated in Part I(A)(xii) 564
and will so remain during the currency of this charter. 565

When an escape or discharge of Oil occurs from the vessel and causes or threatens to cause Pollution 566
Damage, or when there is the Threat of an escape or discharge of Oil (i.e. a grave and imminent danger of the 567
escape or discharge of Oil which, if it occurred, would create a serious danger of Pollution Damage, whether or 568
not an escape or discharge in fact subsequently occurs), then Charterers may, at their option, upon notice to 569
Owners or master, undertake such measures as are reasonably necessary to prevent or minimise such Pollution 570
Damage or to remove the Threat, unless Owners promptly undertake the same. Charterers shall keep Owners 571
advised of the nature and result of any such measures taken by them and, if time permits, the nature of the 572
measures intended to be taken by them. Any of the aforementioned measures taken by Charterers shall be 573
deemed taken on Owners' authority and as Owners' agents, and shall be at Owners' expense except to the extent 574
that: 575

(1)any such escape or discharge or Threat was caused or contributed to by Charterers, or 576
(2)by reason of the exceptions set out in Article III, paragraph 2, of the 1969 International 577
Convention on Civil Liability for Oil Pollution Damage or any protocol thereto, Owners are or, 578
had the said Convention applied to such escape or discharge or to the Threat, would have been, 579
exempt from liability for the same, or 580
(3)the cost of such measures together with all other liabilities, costs and expenses of Owners arising 581
out of or in connection with such escape or discharge or Threat exceeds the maximum liability 582
applicable to the vessel under TOVALOP as at the time of such escape or discharge or Threat, 583
save and insofar as Owners shall be entitled to recover such excess under either the 1971 584
International Convention on the Establishment of an International Fund for Compensation for 585
Oil Pollution Damage or under CRISTAL. 586

PROVIDED ALWAYS that if Owners in their absolute discretion consider said measures should be 587
discontinued, Owners shall so notify Charterers and thereafter Charterers shall have no right to continue said 588
measures under the provision of this Clause and all further liability to Charterers under this Clause shall 589
thereupon cease. 590

The above provisions are not in derogation of such other rights as Charterers or Owners may have under this 591
charter or may otherwise have or acquire by law or any international convention or TOVALOP. 592

The term "TOVALOP" means the Tanker Owners' Voluntary Agreement Concerning Liability for Oil 593
Pollution dated 7th January 1969, as amended from time to time, and the term "CRISTAL" means the Contract 594
Regarding an Interim Supplement to Tanker Liability for Oil Pollution dated 14th January 1971, as amended 595
from time to time. The terms "Participating Owner", "Oil" and, "Pollution Damage" shall for the purposes of 596
this clause have the meanings ascribed to them in TOVALOP. 597

Lien 42.Owners shall have an absolute lien upon the cargo and all subfreights for all amounts due under this 598
charter and the cost of recovery thereof including any expenses whatsoever arising from the exercise of such lien. 599