ITC Clause
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Any risk excluded by Clauses 24, 25, 26 and 27 below.
22.2. Warranted that no insurance on any interests enumerated in the
foregoing 22.1.1. to 22.1.7. in the excess of the amounts permitted therein
and no other insurance which includes the total loss of the Vessel P.P.I.,
F.I.A. or subject to any other like term, is or shall be effected to
operate during the currency of this insurance by or for account of the
Assured, Owners, Managers or Mortgagees. Provided always that a breach of
this warranty shall not afford the Underwriters any defence to a claim by a
Mortgagee who has accepted this insurance without knowledge of such breach.
23. Returns for Lay-up and Cancellation
23.1. To returns as follows:
23.1.1. pro rata net for each uncommenced month if this insurance be cancelled by agreement,
23.1.2. for each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters
(a) .............................................. per cent net not under repair
(b) ............................................. per cent net under repair.
23.1.3. The Vessel shall not be considered to be under repair when work is undertaken in respect of ordinary wear and tear of the Vessel and/or following recommendations in the Vessel’s Classification Society survey, but any repairs following loss of or damage to the Vessel or involving structural alterations, whether covered by this insurance or otherwise shall be considered as under repair.
23.1.4. If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under 23.1.2. (a) and (b) respectively.
23.2. PROVIDED ALWAYS THAT
23.2.1. a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extent thereof;
23.2.2. in no case shall a return be allowed when the Vessel is lying in exposed or unprotected waters, or in a port or lay-up area not approved by the Underwriters;
23.2.3. loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes;
23.2.4. in the event of any amendment of the annual rate, the above rates of returns shall be adjusted accordingly;
23.2.5. in the event of any return recoverable under this Clause 23 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 23.1.2. (a) and or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day of a period of 30 consecutive days as provided under 23.1.2. (a) or (b) above.
The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith.
24. War Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
24.1. war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
24.2 capture seizure arrest restrain or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat
24.3. derelict mines torpedoes bombs or other derelict weapons of war.
25. Strikes Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
25.1. strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
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