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11.2. Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 11.5.), special compensation and expenses as referred to in Clause 10.5. and collision defence and attack costs are not recoverable under this Clause 11.

11.3. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

11.4. When expenses are incurred pursuant to this Clause 11 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

11.5. When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in the excess of the proceeds. As the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel, excluding all special compensation and expenses as referred to in Clause 10.5.; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in the proportion to the under-insurance.

11.6. The sum recoverable under this Clause 11 shall be in addition to the loss otherwise recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel.

12. Deductible

12.1. No claim arising from a peril insured against shall be payable under this insurance unless the aggregate of all such claims arising out of each separate accident or occurrence (including claims under Clause 8, 10 and
11) exceeds the deductible amount agreed in which case this sum shall be deducted.
Nevertheless the expense of sighting the bottom after stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found. This Clause 12 shall not apply to a claim for total loss or constructive loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 11 arising from the same accident or occurrence.

12.2. Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. In the case of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather during the single sea passage. The expression «heavy weather» in this Clause 12.2. shall be deemed to include contact with floating ice.

12.3. Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the
Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.

12.4. Interest comprised in recoveries shall be apportioned between the
Assured and the Underwriters, taking into account the sums paid by the
Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.

13. Notice of Claim and Tenders

13.1. In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the Underwriters promptly after the date on which the Assured, Owners or Managers become or should have become aware of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire.
If notice is not given to the Underwriters within twelve months of that date unless the Underwriters agree to the contrary in writing, the
Underwriters will be automatically discharged from liability for any claim under this insurance in respect of or arising out of such accident or the loss or damage.

13.2. The Underwriters shall be entitled to decide the port to which the
Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the assured) and shall have a right of veto concerning a place of repair or a repairing firm.

13.3. The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for the time lost between despatch of the invitations to tender required by the Underwriters and the acceptance of a tender to the extent that such time is lost solely as a result of tenders having been taken and provided that the tender is accepted without delay after receipt of the
Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and store and wages and maintenance of the
Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion.

13.4. In the event of failure by the Assured to comply with the conditions of Clauses 13.2. and/or 13.3. a deduction of 15% shall be made from the amount of the ascertained claim.

14. New for Old

Claims payable without deduction new for old.

15. Bottom Treatment

In no case shall a claim be allowed in respect of scraping gritblasting and
/or other surface preparation or painting of the Vessel’s bottom except that

15.1. gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any «shop» primer thereto,

15.2. gritblasting and/or other surface preparation of:

the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs,

areas of plating damaged during the course of fairing, either in place or ashore,

15.3. supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1. and 15.2. above,

shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.

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