【正文】
化。5. 4 在合同履行前或履行期間,如果船舶或者作業(yè)工地的位置情況發(fā)生重大變化,導(dǎo)致原打撈方案(見(jiàn)附件2)無(wú)法實(shí)施,打撈方有權(quán)變更方案,但打撈方應(yīng)將方案的變更情況書(shū)面通知公司。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(guò)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。 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。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。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(wú)條件的擔(dān)保。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。否則,將會(huì)失去本合同下的索賠權(quán)利和訴訟權(quán)利。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 Clause 3.10.3 If it is considered by the Contractor to be impossible or unsafe for the Vessel to be delivered or disposed of at the place of delivery and the Company is unable to nominate an acceptable alternative place, the Contractor is at liberty to deliver or dispose of the Vessel at the nearest place it can reach safely and without unreasonable delay, and such delivery or disposal shall be deemed a due fulfillment by the Contractor of this Agreement.The Company shall reimburse the Contractor for any additional time used pursuant to this subclause at the Delay Payment Rate set out in Clause 3, and shall be liable to the Contractor for any additional expenses arising under this subclause.10.4 In the event the Vessel is delivered under the control of pumps and/or pressors or other equipment the Company shall with all due dispatch arrange for their own equipment and operators to replace the Contractor39。11.6 all costs incurred by the Contractor in respect of portable salvage equipment, materials, or stores which are reasonably sacrificed during the disposal, or other operations on the Vessel.If, however, any such expenses/costs are in fact paid by or on behalf of the Contractor, (notwithstanding that the Contractor shall under no circumstances be under any obligation to make such payments on behalf of the Company) the Company shall reimburse the Contractor on the basis of the actual cost to the Contractor upon presentation of invoice.12.SecurityThe Company shall provide on signing of this Agreement an irrevocable and unconditional security in a form and amount as agreed between the parties.If required by the Contractor and also in the event that initially no security is requested, the Company shall provide security or further security in a form and amount as agreed between the parties for all or part of any amount which may be or bee due under this Agreement. Such security shall be given on one or more occasions as and when required by the Contractor.13.Liabilities 14.1.1 The Contractor will indemnify and hold the Company harmless in respect of any liability adjudged due or claim reasonably promised arising out of injury or death occurring during the services hereunder to any of the following persons:any servant or agent of the Contractorany other person at or near the site of the operations for whatever purpose on behalf or at the request of the Contractor.13.1.2 The Company will indemnify and hold the Contractor harmless in respect of any liability adjudged due or claim reasonably promised arising from injury or death occurring during the services hereunder to any of the following persons:any servant or agent of the Company any other person at or near the site of the operations for whatever purpose on behalf or at the request of the Company.13.2.1 Neither the Company nor its servants or agents shall have any liability to the Contractor for loss or damage of whatsoever nature sustained by the Contractor39。s owners (if the Company is the demise/bareboat charterer), masters, officers and crews and to all bodies corporate parent of, subsidiary to, affiliated with or under the same management as either of them, as well as all directors, officers, servants and agents of the same and to all parties performing services within the scope of this Agreement for or on behalf of the Contractor or the Company as servants, agents and subcontractors of such parties. The Contractor or the Company shall be deemed to be acting as agent or trustee of and for the benefit of all such persons, entities and vessels set forth above but only for the limited purpose of contracting for the extension of such benefits to such persons, bodies and vessels.15.LienWithout prejudice to any other rights which the Contractor may have, whether in rem or in personam, the Contractor shall be entitled to exercise a possessory lien upon the Vessel in respect of any amount howsoever or whatsoever due to the Contractor under this Agreement and shall for the purpose of exercising such possessory lien be entitled to take and/or keep possession of the Vessel, provided always that the Company shall pay to the Contractor all costs and expenses howsoever or whatsoever incurred by or on behalf of the Contractor in exercising or attempting or preparing to exercise such lien.16.Time for Suit Any dispute which may arise out of or in connection with this Agreement or any claim thereof shall be notified by telex, facsimile, cable or otherwise in writing to the party against whom such claim is made, within 12 months of pletion or termination of the services hereunder, or within 12 months of any claim by a third party, whichever is later. Any suit shall be brought within one year of the notification to the party against whom the claim is made. If either of these co