【正文】 。8．延誤 如果在履行合同期間，打撈方由于公司、公司服務(wù)人員或代理人違反合同、疏忽，或任何其它過失或由于任何打撈方所不能控制的其它原因?qū)е路?wù)及與之有關(guān)的工作，則在延誤期間，公司應(yīng)按照第3條第2款所列的延誤費(fèi)率給予打撈方補(bǔ)償，不足一天按適當(dāng)比例計(jì)算。9．2在履行合同時(shí)或進(jìn)行第5條雙方同意的調(diào)整時(shí)，打撈方在技術(shù)上和事實(shí)上已經(jīng)無法繼續(xù)進(jìn)行，在征得公司同意后(公司不得不合理地拒絕)，打撈方可以終止合同且不承擔(dān)責(zé)任，終止合同時(shí)，打撈方有權(quán)根據(jù)本合同取得所有應(yīng)得費(fèi)用。 船舶交付地點(diǎn)對(duì)打撈方自有或者租用的船艇以及船舶的進(jìn)入和操作應(yīng)該是安全的，并且應(yīng)該是打撈方經(jīng)政府或者相關(guān)當(dāng)局允許交付或者處置船舶的地方。 公司應(yīng)按照第3條規(guī)定的延誤費(fèi)率并根據(jù)此款所使用的額外時(shí)間，對(duì)打撈方予以補(bǔ)償，并應(yīng)對(duì)打撈方在此款規(guī)定下發(fā)生的任何額外費(fèi)用負(fù)責(zé)。本條款不影響打撈方所享有的對(duì)公司的其它索賠權(quán)利。11．2當(dāng)打撈方合理認(rèn)為是必要的，或者由港口、其他當(dāng)局規(guī)定的輔助拖輪的服務(wù)費(fèi)用；11．3所有與港口手續(xù)、代理、簽證、擔(dān)保有關(guān)的費(fèi)用，以及所有類似的費(fèi)用。12．擔(dān)保 公司應(yīng)在簽署本合同時(shí)，以雙方協(xié)商同意的形式和數(shù)額提供不可取消和無條件的擔(dān)保。13．1．2在履行合同期間，由于下列人員傷亡所裁定應(yīng)負(fù)責(zé)任或經(jīng)過合理調(diào)解的索賠，打撈方應(yīng)保障公司不受損害：———打撈方的服務(wù)人員或其代理人；———代表打撈方或應(yīng)打撈方的請(qǐng)求，不論何種目的處在或靠近作業(yè)工地的其他人員。13．3．2 在履行合同期間，打撈方應(yīng)負(fù)責(zé)并同意保障公司免受不論何種原因?qū)е碌挠纱驌品阶约夯蜃庥玫拇Мa(chǎn)生的實(shí)際的或潛在的污染損害所引起的索賠、成本、費(fèi)用、行為、訴訟、要求和責(zé)任。15．留置權(quán) 在不損害打撈方享有的對(duì)人或物的權(quán)利的情況下，打撈方為了取得合同中的應(yīng)得款項(xiàng)，有權(quán)對(duì)船舶行使留置權(quán)，在行使留置權(quán)的過程中，有權(quán)占有船舶財(cái)產(chǎn)。否則，將會(huì)失去本合同下的索賠權(quán)利和訴訟權(quán)利。s Method of Work shall be as described in Annex II, utilising the Personnel, Craft and Equipment described in Annex I.3． Price and Conditions of Payment3．1 Lump Sum Price (in figures and words)： 3．2 Delay Payment Rate： 3．3 Payments：1st Installment 2nd Installment 3rd Installment 4th Installment 3．4 All payments to the Contractor shall be made in the currency and to the bank account stipulated hereunder．Bank： Account Name： Account Number： Currency： 3． 5 Each installment of the lump sum shall be fully and irrevocably earned at the moment it is due as set out in this Clause． All monies due and payable to the Contractor under this Agreement shall be paid without any discount, deduction, setoff, lien, claim or counterclaim．3．6 The Contractor shall promptly invoice the Company for all sums payable under this Agreement． If any sums which bee due and payable are not actually received by the Contractor within 3 banking days after due, they shall attract interest at annual rate of ______．3．7 If any amount payable under this Agreement has not been paid within seven (7) days of the due date, or if the security required in accordance with Clause 12 is not provided within five (5) banking days following the request by the Contractor, then at any time thereafter the Contractor shall be entitled to terminate this Agreement without prejudice to the sums already due to the Contractor and to any further rights or remedies which the Contractor may have against the Company． Provided always that the Contractor shall give the Company at least three (3) working days notice of its intention to exercise this right．4． Company Representative If reasonably required by the Contractor a representative of the Company will be available during the operations with the full authority to act on behalf of the Company． The Company will use its best endeavours to provide all information required by the Contractor．In addition, the Company will provide at its sole risk and expense sufficient officers or their equivalents, who are fully conversant with the cargo system and layout of the Vessel, and who should be in attendance when reasonably required during the operations in order to provide advice as and when requested by the Contractor．5． Change of Method of Work and/or Personnel, Craft and Equipment5．1 The Contractor shall forthwith give notice in writing thereof to the Company and of the estimated additional costs to effect the services, if before or during performance of this Agreement, , there is a substantial change in the work to be done under this Agreement, or in the Personnel, Craft and Equipment required to undertake the services due to（provided always that such changes are not caused by fault on the part of the Contractor）:5．1．1 any error in the information or specification upon which the Contractor has relied caused by the neglect of the Company.5．1．2 a material change in the position and/or condition of the Vessel or the worksite.5．2 The parties shall, without delay, consult each other to reach agreement on the amount of the additional costs to be added to the Lump Sum．In the event that the parties are unable to reach agreement on the additional costs within 5 days of the Contractor providing details of the extra costs, either party may terminate the services under this Agreement, without prejudice to any claim the Contractor may have under Clause 5．1．1 , provided always that such termination is permitted by the petent authorities． In such event the Contractor is entitled to be paid all sums due at the time of termination in accordance with this agreement．If permission to terminate is not given by the petent authorities the Contractor shall be paid by the Company at the Delay Payment Rate set out in Clause 3 during any standby period, and the Company shall be liable for the Contractor39。s own or hiredin craft and the Vessel to enter and operate in and shall be a place where the Contractor is permitted by governmental or other authorities to deliver or dispose of the Vessel．In the event the Vessel is not accepted forthwith by the Company within hours after receiving the written notice of delivery from the Contractor or delivery is prevented or delayed by action of governmental or other authorities outside the control of the Contractor, all costs necessarily incurred by the Contractor from the moment of the tender for delivery shall be for account of the Company． These costs shall be in addition to any delay payment as set out in Cla