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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 4 of 11
<br />F. Cargo Documentation. Charterer shall be solely responsible for all cargo manifests, stowage plans, receipts,
<br />invoices, bills of lading and other documents relating to the cargoes and/or the transportation thereof. Charterer
<br />shall be solely responsible for dealing with the shippers, consignees and owners of the cargoes and all others
<br />having an interest in or making claim to, through or with respect to the cargoes.
<br />6. Cargo
<br />Charterer will not use Vessel crewmembers to assist with cargo handling or related tasks.
<br />7. Liability and Indemnity
<br />A. Allocation of Liability.
<br />(1). Owner. Owner shall be responsible for loss, damage, liability, lien, encumbrance, claim, expense, fine,
<br />penalty and/or suit applicable to the Vessels or Owner's personal property, howsoever caused and even if
<br />resulting from the negligence or other legal fault of Charterer, except for such matters as allocated to
<br />Charterer in subsection immediately below. Owner shall be responsible for the personal illness, injury
<br />and/or death of its employees.
<br />(2). Charterer. Charterer shall be responsible for loss, damage, liability, lien, encumbrance, claim, expense, fine,
<br />penalty and/or suit applicable to the cargoes (including general average and salvage charges for Charterer’s
<br />interest in voyage) and Charterer's personal property, howsoever caused and even if resulting from the
<br />negligence or other legal fault of Owner, master, crew or the unseaworthiness of any Vessel. Charterer shall
<br />be responsible for the personal illness, injury and/or death of its employees (and the employees of its
<br />subcontractors, if any). In addition, Charterer, through and by Subcharterer Pyro Spectaculars North, shall
<br />be responsible for loss or damage to the Vessels, vessels crew and owners’ personal property with respect
<br />to Charterer's cargo (Fireworks) and cargo operations.
<br />(3). Both. As to all other matters, each party shall be responsible for any loss, damage, liability, lien,
<br />encumbrance, claim, expense, fine, penalty and/or suit to the extent of its proportionate degree of fault
<br />and/or legal liability.
<br />B. Indemnification. Each party shall indemnify and hold harmless (including legal fees and costs) the other party
<br />of and from any loss, damage, liability, lien, encumbrance, claim, expense, fine, penalty and/or suit allocated to
<br />it pursuant to subsection A, above, and/or otherwise pursuant to this agreement.
<br />8. Insurance
<br />A. Owner. Owner shall, at its sole expense, procure and maintain the following insurances with respect to the
<br />Vessels at all times while performing hereunder:
<br />ATTY/AGR./Marine Express (Page 4 of 11)
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