【正文】
of the pany, its servants or agents.13.2.2 Neither the Contractor nor its servants or agents shall have any liability to the pany 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 brea of contract, negligence or any other fault on the part of the Contractor, its servants or agents.13.3.1 The pany 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 pany 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 pany 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 pany shall also apply to their respective subcontractors, operators, the Vessel39。s owners (if the pany is the demise/bareboat arterer), 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 pany as servants, agents and subcontractors of su parties. The Contractor or the pany shall be deemed to be acting as agent or trustee of and for the benefit of all su persons, entities and vessels set forth above but only for the limited purpose of contracting for the extension of su benefits to su persons, bodies and vessels.15.LienWithout prejudice to any other rights whi the Contractor may have, whether in rem or in personam, the Contractor shall be entitled to exercise a possessory lien on the Vessel in respect of any amount howsoever or whatsoever due to the Contractor under this Agreement and shall for the purpose of exercising su possessory lien be entitled to take and/or keep possession of the Vessel, provided always that the pany shall pay to the Contractor all costs and expenses howsoever or whatsoever incurred by or on behalf of the Contractor in exercising or atting or preparing to exercise su lien.16.Time for Suit Any dispute whi 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 su 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, whiever 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 inese law and any dispute arising out of this Agreement shall be settled through amicable negotiations by both parties, failing whi shall be settled in accordance with ways and methods indicated in Clause or (oose one)17.1 be referred to ina Maritime Arbitration mission 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 pany) Signature (for and on behalf of the Contractor)CDSCA Wreck Removal AgreementLump Sum—Stage Payments〕Annex I List of Personnel, Craft and EquipmentCDSCA Wreck Removal AgreementLump Sum—Stage Payments〕Annex II Method of Work?中國潛水打撈行業(yè)協(xié)會(huì)沉船打撈合同?日租〕________年__月__日 ________簽署地〕 以下稱〕 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條所述的船舶。 1. 船舶船名 船籍 注冊地 總長/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 本合同中術(shù)語“船舶〞應(yīng)包括任何性質(zhì)的船舶、艇筏、財(cái)產(chǎn)或其部件。包括裝載于其中或其上的任何物品諸如但不限于本條描繪的貨物和燃料。2.效勞打撈方同意在履行合同時(shí)做到應(yīng)有的慎重并盡量在0條規(guī)定的地點(diǎn)交付或處置船舶。在與合同中約定的效勞性質(zhì)不起沖突的前提下打撈方要以應(yīng)有的慎重防止和減小對環(huán)境造成的危害。打撈方應(yīng)提供本合同附件1所載明的人員、船艇、設(shè)備這些人員、船艇、設(shè)備應(yīng)當(dāng)是打撈方根據(jù)船舶狀況、位置以及工地情況認(rèn)為在效勞過程中所必須使用的。打撈方的作業(yè)應(yīng)按照附件2的約定并且應(yīng)當(dāng)使用附件1中列明的人員、船艇、設(shè)備。3.價(jià)格和支付條款3.1 日租費(fèi)率船艇和設(shè)備的日費(fèi)率 見附件1〕 人員的日費(fèi)率 見附件1〕 3.2支付方式租金應(yīng)按照日租費(fèi)率每 天預(yù)付一次, 從合同簽訂之日起持續(xù)支付到本合同下的效勞完畢或終止為止。應(yīng)支付的最低租金寫明租金天數(shù)〕: 天。3.3 所有向打撈方支付的款項(xiàng)應(yīng)按照以下約定的銀行帳戶和貨幣進(jìn)展支付:行: