FOR THAT CARGO TO THE SELLER IN ACCORDANCE WITH CLAUSE 10
TOGETHER WITH ALL INTEREST ACCRUED AND DUE UNDER CLAUSE 10(E);
(2)
PAY ALL RESULTING REASONABLE COSTS, LOSSES,
CHARGES AND EXPENSES RELATING TO THE CHARTERING OF THE VESSEL, BERTHING OF THE
VESSEL, THE UNLOADING OF THE JET FUEL, ITS STORAGE AND (IF NOT EVENTUALLY TAKEN)
ITS DISPOSAL, INCLUDING WITHOUT LIMITATION ALL ADDITIONAL CHARTERPARTY AND
LABOUR COSTS, TOWING AND PILOTING CHARGES, ANY CHARGES IN RESPECT OF RUNNING
LINES ON ARRIVAL AT AND LEAVING A BERTH, WHARFAGE AND DOCKAGE CHARGES AT THAT
BERTH, DEMURRAGE (IN ACCORDANCE WITH THE TERMS SET OUT IN CLAUSE 8), PIPELINE
FEES, PAYMENTS DUE TO ONSHORE TANK OWNERS OR OPERATORS, ADDITIONAL AGENCY
CHARGES AND EXPENSES, ANY COSTS RELATED TO JOINING HFFC AND ANY INSURANCE
PREMIUMS AND ANY INTEREST ACCRUING AGAINST THE SELLER AS A RESULT OF SUCH
BREACH, ANY COSTS AND LOSSES ASSOCIATED WITH SELLING THE CARGO TO A THIRD PERSON
RATHER THAN THE BUYER IF NOT EVENTUALLY TAKEN BY THE BUYER, CUSTOMS, OVERTIME
AND FEES, ANY OTHER EXTRA PORT CHARGES OR PORT EXPENSES WHICH MAY BE INCURRED
(AND TO THE EXTENT THE SELLER PROVIDES ITS OWN SERVICES AND FACILITIES IN
RELATION TO ANY OF THE FOREGOING THE SELLER MAY CHARGE FOR THE SERVICES AND
FACILITIES IT PROVIDES AT REASONABLE COMMERCIAL RATES) AND THE BUYER INDEMNIFIES
THE SELLER AGAINST ALL SUCH COSTS, CHARGES AND EXPENSES ACTUALLY INCURRED AND
WILL PAY THEM (OR IF THE SELLER HAS PAID THEM
8
REIMBURSE THE SELLER FOR THEM) ON THE SELLER'S FIRST WRITTEN DEMAND IN
REASONABLE DETAIL; AND
(B)
DESPITE ANY OTHER TERM OF THIS CONTRACT THE
SELLER MAY ELECT AT ANY TIME TO TERMINATE THIS CONTRACT IN ACCORDANCE WITH
CLAUSE 12 IN WHICH EVENT ANY OBLIGATIONS OF THE SELLER TO MAKE AVAILABLE AND
SUPPLY ANY JET FUEL UNDER THIS CONTRACT WILL IMMEDIATELY TERMINATE BUT ALL
OBLIGATIONS AND LIABILITIES OF THE BUYER DUE ON OR BEFORE THE DAY OF SUCH
TERMINATION.
(H)
IF, BEFORE THE SELLER EXERCISES ITS RIGHT TO
TERMINATE THIS CONTRACT PURSUANT TO CLAUSE 7(G)(B), IN THE CIRCUMSTANCES COVERED
BY CLAUSE 7(G):
(I)
THE BUYER PAYS ALL AMOUNTS DUE UNDER
CLAUSES 9 AND 10; AND
(II)
PROVIDED THAT A LETTER OF CREDIT (AS
DEFINED IN AND OTHERWISE COMPLYING WITH ALL THE REQUIREMENTS OF CLAUSE 10(L))
HAS BEEN POSTED, HAS NOT TERMINATED AND HAS NOT CEASED TO BE VALID AND FULLY
EFFECTIVE AND COMPLY WITH ALL THE REQUIREMENTS OF CLAUSE 10(L),
THEN UPON WRITTEN ACKNOWLEDGEMENT FROM THE SELLER TO THE BUYER THAT ALL SUCH
AMOUNTS HAVE BEEN RECEIVED TO THE SELLER'S REASONABLE SATISFACTION (WHICH THE
SELLER MUST ACKNOWLEDGE UPON RECEIPT) AND PROVIDED THAT SUCH LETTER OF CREDIT IS
SO IN PLACE TITLE TO AND OWNERSHIP IN THE CARGO TO WHICH CLAUSE 7(F) AND (G)
APPLIED WILL THEN PASS TO THE BUYER BY THE SELLER:
(A)
MAKING THE RELEVANT JET FUEL AVAILABLE FOR
UNLOADING AND DELIVERY UNDER CLAUSE 7(B) TO THE EXTENT THAT THE RELEVANT JET
FUEL IS STILL ON BOARD THE VESSEL; AND
(B)
BY THE SELLER MAKING OR PROCURING