【正文】
ervices 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 owned or hiredin craft or equipment, (excluding portable salvage equipment, materials or stores which are reasonably sacrificed during the disposal or other operations on the Vessel), whether or not the same is due to breach of contract, negligence or any other fault on the part of the Company, its servants or agents.13.2.2 Neither the Contractor nor its servants or agents shall have any liability to the Company for loss or damage of whatsoever nature sustained by the Vessel including but not limited to hull deformation , structure damages and etc., whether or not the same is due to breach of contract, negligence or any other fault on the part of the Contractor, its servants or agents.13.3.1 The Company shall be liable for and agree to indemnify, defend and hold harmless the Contractor from all claims, costs, expenses, actions, proceedings, suits, demands, liabilities whatsoever arising out of or resulting from any actual or potential pollution damage originating from the Vessel during the services hereunder.13.3.2 The Contractor shall be liable for and agree to indemnify, defend and hold harmless the Company from all claims, costs, expenses, actions, proceedings, suits, demands, liabilities whatsoever arising out of or resulting from any actual or potential pollution damage originating from the Contractor’s owned or hiredin craft during the services hereunder.13.4 Save as otherwise expressly stipulated in this Agreement neither the Contractor nor the Company shall be liable to the other party for loss of profit, loss of use, loss of production or any other indirect or consequential damage for any reason whatsoever.14.Himalaya ClauseAll exceptions, exemptions, defences, immunities, limitations of liability, indemnities, privileges and conditions provided by this Agreement for the benefit of the Contractor or the Company shall also apply to their respective subcontractors, operators, the Vessel39。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 conditions is not plied with the claim and all rights whatsoever and howsoever shall be absolutely barred and extinguished.17.Governing Law and JurisdictionThis Agreement shall be governed by and construed in accordance with Chinese law and any dispute arising out of this Agreement shall be settled through amicable negotiations by both parties, failing which shall be settled in accordance with ways and methods indicated in Clause or (choose one)17.1 be referred to China Maritime Arbitration Commission for arbitration in accordance with the procedures thereof in Beijing. 17.2 be submitted to Maritime Court for jurisdiction.Signature (for and on behalf of the Company) Signature (for and on behalf of the Contractor)CDSCA Wreck Removal Agreement(Lump Sum—Stage Payments)Annex I List of Personnel, Craft and EquipmentCDSCA Wreck Removal Agreement(Lump Sum—Stage Payments)Annex II Method of Work《中國(guó)潛水打撈行業(yè)協(xié)會(huì)沉船打撈標(biāo)準(zhǔn)合同》(日租)________年__月__日 ________(簽署地) (以下稱公司) (以下稱打撈方)同意簽訂本合同,本合同于 年 月 日生效。雙方同意按本合同規(guī)定的條款打撈本合同第1條所述的船舶。 1. 船舶船名 船籍 注冊(cè)地 總長(zhǎng)/型寬/型深 設(shè)計(jì)吃水 總噸/凈噸/載重噸 貨物詳情和性質(zhì) 船舶位置、狀態(tài)及作業(yè)工地情況