DATE OF THE LETTER OF UNDERTAKING :

Letter of Indemnity for adding additives

To:

The owners of ---------------

SHIP
VOYAGE
CARGO
BILL OF LADING
CHARTER PARTY

:
:
:
:
:

WE, (CHARTERERS NAME ) , WISH TO ADD (NAME OF THE ADDITIVE, QTY )

(HEREINAFTER REFERED TO AS ADDING ADDITIVES) TO THE ABOVE CARGO
LOADED INTO THE ABOVE SHIP'S CARGO TANKS AS PER MASTERS STOWAGE
WHICH MAY RESULT IN CHANGE OF CARGO QUALITY, QUANTITY OR
PUMPABILITY AND/OR DAMAGE TO THE SAID CARGO AND/OR DAMAGE TO THE
SHIPS TANKS COATING, SHIPS PUMPS AND/OR TO OTHER SHIP INSTALLATIONS
AND SUCH ADDITION OF ADDITIVES IS NOT DESCRIBED OR SET OUT IN THE
ABOVE BILL(S) OF LADING.
IN CONSIDERATION OF YOUR COMPLYING WITH AND PERMITTING OUR REQUEST
FOR THE SAID ADDING ADDITIVES, PROVIDED THAT PROCEDURE AND
OPERATION TO BE PERFORMED BY OUR DESIGNATED SHORE PERSON(S),
WE HEREBY AGREE AND UNDERTAKE:1. THAT YOU, YOUR SERVANTS AND AGENTS, THE SAID SHIP AND HER MASTER,
OFFICERS AND CREW SHALL NOT BE LIABLE TO ANY PARTY CONCERNED
INCLUDING BUT NOT LIMITED TO US, THE CONSIGNEES , CARGO OWNERS
AND/OR THE HOLDERS OF THE SAID CARGO OR THE ORIGINAL BILL(S) OF
LADING FOR ANY LOSS OR DAMAGE OF WHATSOEVER NATURE INCLUDING
BUT NOT LIMITED TO LOSS OF OR DAMAGE TO THE SAID CARGO ARISING OUT
OF OR ANYWAY CONNECTED WITH COMPLYING WITH OR PERMITTING OUR
SAID REQUEST
2.

TO INDEMNIFY YOU, YOUR SERVANTS AND AGENTS, THE SAID SHIP AND HER
MASTER, OFFICERS AND CREW AND TO HOLD ALL OF YOU HARMLESS IN
RESPECT OF ANY LIABILITY, LOSS OR DAMAGE OF WHATSOEVER NATURE
INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO THE SAID CARGO
AND DAMAGE TO THE SHIPS TANKS COATING, SHIPS PUMPS AND/OR TO
OTHER SHIP INSTALLATIONS WHICH YOU MAY SUSTAIN ARISING OUT OF OR
ANYWAY CONNECTED WITH COMPLYING WITH OR PERMITTING OUR SAID
REQUEST.

3. IN THE EVENT OF ANY PROCEEDINGS BEING COMMENCED AGAINST YOU OR

ANY OF YOUR SERVANTS OR AGENTS OR THE SAID SHIP, HER MASTER,
OFFICERS OR CREW IN CONNECTION WITH THE ADDING OF ADDITIVES IN
ACCORDANCE WITH OUR REQUEST TO PROVIDE YOU OR THEM FROM TIME TO
TIME ON DEMANDWITH SUFFICIENT FUNDS TO DEFEND SAME.
4. IF, IN CONNECTION WITH THE ADDING OF ADDITIVES AS AFORESAID, THE SHIP
OR ANY OTHER SHIP OR PROPERTY IN THE SAME OR ASSOCIATED OWNERSHIP,
MANAGEMENT OR CONTROL, SHOULD BE ARRESTED OR DETAINED OR
SHOULD THE ARREST OR DETENTION THEREOF BE THREATENED, OR SHOULD
THERE BE ANY INTERFERENCE IN THE USE OR TRADING OF THE SHIP
(WHETHER BY VIRTUE OF A CAVEAT BEING ENTERED ON THE SHIP'S REGISTRY
OR OTHERWISE HOWSOEVER), TO PROVIDE ON DEMAND SUCH BAIL OR OTHER
SECURITY AS MAY BE REQUIRED TO PREVENT SUCH ARREST OR DETENTION
OR TO SECURE THE RELEASE OF SUCH SHIP OR PROPERTY OR TO REMOVE
SUCH INTERFERENCE AND TO INDEMNIFY YOU IN RESPECT OF ANY LIABILITY,
LOSS, DAMAGE OR EXPENSE CAUSED BY SUCH ARREST OR DETENTION OR
THREATENED ARREST OR DETENTION OR SUCH INTERFERENCE, WHETHER OR
NOT SUCH ARREST OR DETENTION OR THREATENED ARREST OR DETENTION
OR SUCH INTERFERENCE MAY BE JUSTIFIED.
5. THE LIABILITY OF EACH AND EVERY PERSON UNDER THIS UNDERTAKING
SHALL BE JOINT AND SEVERAL AND SHALL NOT BE CONDITIONAL UPON YOUR
PROCEEDING FIRST AGAINST ANY PERSON, WHETHER OF NOT SUCH PERSON
IS PARTY TO OR LIABLE UNDER THIS UNDERTAKING.
6. WE UNDERTAKE THAT WE WILL WITHIN 14 DAYS OF RECEIVING A REQUEST
TO DO SO, INSTRUCT SOLICITORS TO ACCEPT SERVICE OF PROCEEDINGS ON
OUR BEHALF AND TO FILE AN ACKNOWLEDGEMENT OF SERVICE THEREOF.
7. THIS INDEMNITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH ENGLISH LAW AND EACH AND EVERY PERSON LIABLE UNDER THIS
INDEMNITY SHALL AT YOUR REQUEST SUBMIT TO THE JURISDICTION OF THE
HIGH COURT OF JUSTICE OF ENGLAND.
Yours faithfully,
For and on behalf of