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Ship.
Special payments in accordance with Article 14 of the Salvage Convention in relation
to bunker oil, oil Cargo or contaminating substances, as the case may be, which
are not covered under the H&M Policy of the Entered Ship, subject to the Assured’s
compliance with Rule 30 (Special Compensation for Salvors);
Liability which the Assured may incur for the payment of fines in respect of the pol-
lution of the environment by bunker oil, oil Cargo or other contaminating substances,
as the case may be, insofar as such liability may be covered under Rule 26 (Penalties
and Fines).
Recoveries from the Club under Rule 25.2 are subject to the following:
All recoveries shall be subject to any limit of liability set out in the Certificate of Entry.
There shall be recovery of any liabilities in respect of oil Cargo which come within the
provisions of Rule 11 (Cargo Liabilities) and in respect of expenditure which could
form a part of general average expenditure under the provision of the York-Antwerp
Rules 1994.
In accordance with Rule 43 (Indemnification), the Assured shall indemnify the Club,
in the event the Club becomes directly liable under any prevailing statutes or inter-
national conventions, to discharge on behalf of the Assured, liabilities, costs and
expenses in relation to pollution of the environment by bunker oil, oil Cargo or other
contaminating substances from the Entered Ship, on account of the Club being the
P&I insurer of the Entered Ship and it is found that the P&I Cover has been preju-
diced due to non-compliance by the Assured of any of its obligation under these
Rules.
Rule 26 Penalties and Fines
The P&I Cover comprises of fines or other penalties, together with costs and expens-
es incidental thereto, imposed in respect of the Entered Ship by any court, tribunal,
or authority of competent jurisdiction, upon the Assured or upon any Seaman whom
the Assured may be legally liable to reimburse or reasonably reimburses with the
approval of the Managers, for:
Short-landing or over-landing of Cargo and/or breach of regulations in respect of
declaration or documentation of the Cargo or the Entered Ship’s provisions subject
to the Assured being covered for Cargo Liabilities under Rule 11;
Breach of any immigration laws or regulations;
In respect of pollution subject to the Assured being covered for the respective type
of Pollution Liabilities under Rule 25 and to any overall limit of liability as set out in
the Certificate of Entry,
Provided always that there shall be no recovery from the Club for fine or other pen-
alty imposed for any of the following:
Incorrect declaration by the Assured of the Entered Ship’s provisions.
Overloading of the Entered Ship.
Illegal fishing (including the costs and expenses incurred in defending any allegation
of illegal fishing).
Infringement of regulations relating to safe navigation (including the maintenance of
proper charts) unless all reasonable steps were taken to prevent the infringement.
Criminal activity which the Assured had knowledge of, recklessly disregarded, or
failed to take reasonable steps to prevent.
Infringement of regulations of the International Convention for the Prevention of Pol-
lution from Ships where the Entered Ship’s oily water separator or similar pollution
prevention device has been bypassed or rendered inoperable.
Infringement of regulations by persons other than the Assured.
Rule 27 Owners’ P&I Cover - Confiscation of the Entered Ship for Violation of
Customs or Other Import and Export Regulations
If the Entered Ship is confiscated on the basis of an order of the court or a public au-
thority because of an infringement of customs regulations or any other import and/
or export regulations, the P&I Cover includes payment of the amount of the market
value of the Entered Ship at the time of the confiscation.
Provided always that:
The Assured took all appropriate steps to avoid the violation of the above regulations
or to avoid confiscation.
Such cover is not already available under another insurance cover.
25.2.4
25.2.5
25.3
25.3.1
25.3.2
25.4
26.1
26.2
26.3
27.1
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