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Corporate Offices: 2102 Kelley Court Pittsburg, CA 94565 510-523-8900 p 925-296-0543 f
<br />MEOPS060
<br />Rev 06.20.2017 Page 3 of 11
<br />C. Liberties. Owner shall be at liberty to call at any port/place to replenish fuel, oil, stores, supplies and/or other
<br />necessaries and/or to make repairs. The Vessels may deviate in attempt to save life or property at sea, and with
<br />respect thereto may leave the Barge (and cargoes thereon) in a position reasonably believed to be safe. Owner
<br />and master may select any route, speed and towing arrangement believed reasonable under the circumstances. In
<br />the event of accident, danger, damage, disaster or other event occurring after departure upon voyage which, in
<br />the opinion of Owner or master, prevents or may prevent the safe completion of voyage, the Vessels may call at
<br />any port/place and cause cargoes to be discharged and/or stored ashore at Charterer's risk and expense.
<br />D. Substitution. Upon notice to Charterer, Owner may substitute reasonably comparable vessel(s) for the Vessel(s)
<br />identified on the Time / spot charter Certificate, with all such substitute(s) to thereafter be deemed included
<br />within the term Vessel(s) for purposes of this agreement.
<br />5. Charterer's Warranties and Performance
<br />A. Warranties. Charterer warrants that the Vessels shall be able to enter into, depart from, and lie safely afloat at all
<br />ports and berths at all times and stages of tide. Charterer further warrants that the loading, stowage, trimming,
<br />securing and discharging of cargoes (Fireworks) shall be conducted without any loss or damage to the Vessels.
<br />B. Inspection. Charterer shall be responsible, at its expense, for inspecting the Vessels prior to, or at delivery, to
<br />their suitability for the cargoes and services contemplated. Charterer shall expressly inform Owner of any
<br />deficiency or concern arising from such inspection, and the parties shall work together to cure the same. The
<br />Vessels shall be deemed accepted by Charterer "AS IS" and as suitable for the cargoes and services contemplated
<br />upon completion of such inspection if Owner was not expressly informed of any deficiency/concern or upon
<br />commencement of loading cargoes, whichever shall occur first. Any failure to so inspect shall be at Charterer's
<br />sole risk. Said acceptance of the Vessels shall constitute Charterer's admission that Owner has fulfilled its
<br />obligations under subsection A, above, and thereafter Charterer shall be not be entitled to make any claim
<br />whatsoever regarding any representation or warranty, express or implied, with respect to the condition of the
<br />Vessels and/or their suitability for the cargoes or services contemplated.
<br />C. Cargo Operations. Charterer shall be solely responsible for the loading, stowage, trimming, securing and
<br />discharging of all cargoes, at its risk and expense, with all such operations to be under the direction and control
<br />of Charterer and subject to its final approval. All cargoes shall be packaged, prepared, stowed, secured and lashed
<br />sufficiently to withstand transportation by open decked vessel, including exposure to moisture, humidity, heat,
<br />rolling, pitching and similar Vessel / barge movements.
<br />D. Load/Stow Survey. Charterer may, at its option and expense, engage a marine surveyor or similar technical
<br />representative to conduct a load/stow survey promptly following loading, stowing and securing of cargoes, and
<br />shall comply with any recommendation and/or requirement issued by any such surveyor or representative.
<br />E. Lawful Carriage; Hazardous Cargoes. Charterer shall not request the Vessels be employed in any unlawful
<br />carriage or trade whatsoever, and Charterer not provide any unlawful cargoes nor any cargoes the possession
<br />and/or carriage of which would violate any law whatsoever. Charterer shall not tender any cargoes of a hazardous
<br />or dangerous nature without the advance written consent of Owner; if allowed, any additional documentation
<br />required for the transportation and/or handling thereof shall be obtained and completed by Charterer at its
<br />expense.
<br />ATTY/AGR./Marine Express (Page 3 of 11)
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