ITC Clause

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 premiums 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 risk 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 the excess of the amounts permitted therein and no other insurance which includes the 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 returns as follows:

23.1.1. pro rata 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) .............................................. per cent net not under repair (b) ............................................. 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 Vessels 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 extent 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 returns 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 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 restrain 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 caused by

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.