EX-4.10 5 d1008576_ex4-10.htm d1008576_ex4-10.htm
EXHIBIT 4.10
 
 
 
 
 
 
 

 
 
 

 
 
 
 
 

 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 
 
 
 

 

 
ADDITIONAL CLAUSES 21-28 TO SHIP MANAGEMENT AGREEMENT BETWWEN ERMINA MARINE LIMITED AND AMT MANAGEMENT LTD DATED 27TH NOVEMBER 2008 FOR THE VESSEL NORDANVIND BEING AS INTEGRAL PART OF SUCH AGREEMENT.


21.  Acknowledgement of acceptance


The Managers have agreed and are familiar with the conditions of the vessel which have accepted to be taken over temporarily, to navigate until the repair yard, to effect necessary repairs and commissioning upon completion of repairs  .The Managers undertake to perform as part of its Management Services the duties and obligations of the Owners under the repair specification as if such duties and obligations were specifically set forth herein as duties and obligations of the Managers .

22.  Vessels Casualties


Master and/or Managers shall inform Owners immediately by e-mail ,telefax,if any situation occurs which results ,or is likely to result in significant delays for the Vessel because of damages to the Vessel or its machine systems ,including but not limited to ,failure of inert gas system ,cargo systems or delays from proceeding to assistance to other vessels ,or damages to cargo , or in pollution  , oil spill and/or oil discharge.


23.  Communicartions

All communication under this Agreement shall be in the English language



24.   Assignment Clause

The Owners may assign all of their rights under this Agreement to any mortgagee of the vessel provides that such assignment shall not otherwise prejudice the rights of the Managers to terminate this Agreement in accordance with Clauses 18.1 of this Agreement ,save for the notice period. Upon satisfaction of the conditions set forth above ,Managers hereby agree to enter into acknowledgement of such assignment in such form as the mortgagee may reasonably require .


25.  Third  Party Rights

Except as may be otherwise agreed in writing by the parties with any third party , a person who is not a party to this Agreement may no enforce or otherwise have a benefit of ,any provisions if this Agreement under the Contracts n(Rights of Third

 
 

 

Parties) Act 1999, and ,without limitation , no consent of ant such person shall be required for the rescission or amendment of this Agreement ,but this does not affect any right or remedy of a third party which exists or is available apart from that Act.



26.  Indemnification

The Managers hereby undertake to indemnify the Owners against the consequences of any failure by Managers to comply with the requirement of this Agreement including any claims made by the third parties against the Owners resulting from the gross negligence or willful misconduct o the Managers in the performance of their obligations under this Agreement (including  as set out in Clause 21 hereof ,the obligations of the Managers under the Third Parties);provided that Managers indemnification for environmental matters shall not extend beyond the protection and indemnity coverage with respect to the Vessel required hereunder

27.  For expenses and major repair work estimated to exceed USD 15.000(or the equivalent in foreign currency) the Manager will consult with Owners before placing orders if the expenses are not included in the budget or not required for compliance with statutory and classification requirements.


28.  Attend the vessel by the Manager's qualified superintendent to carry out routine ship visits and supervise scheduled routine dry0dockings and repairs ,such attendance being limited to 15 (fifteen) –days out of office per year. Any additional days required would be charged at USD 250/- per day plus accommodation and victualling

Furthermore , it is agreed that if accidents , major repair works or other extraordinary circumstances increase Managers workload beyond what could have been reasonably expected ,the Owner will pay a reasonable additional remuneration to the Manager taking into consideration any superintendence attendance fee recovered from underwriters.

ANNEX A- Description of Vessel


Name:         Nordanvind
IMO No:        9037123
Type:          Oil Tanker
Flag:              Venezuelan
Built (where/when):    GalatiRamania/ 2000
Class:                         Bureau Veritas
Tonnage:                    39.768


Annex B  -  Time Charter (To be provided by the owners)

Annex C -   Initial Budget –Presented separately and approved