6 Other Conditions
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Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC/Circular.710 – Model Agreement for the Authorization of Recognized Organizations Acting on Behalf of the Administration – (Adopted on 9 October 1995) - Annex - Model Agreement - Agreement Governing the Delegation of Statutory Certification Services for Vessels Registered in [State] between [Administration] and [Recognized Organization] - 6 Other Conditions

6 Other Conditions

  6.1 Remuneration

Remuneration for statutory certification services carried out by RO on behalf of the Administration will be charged by RO directly to the party requesting such services.

  6.2 Confidentiality

In so far as activities related to this Agreement are concerned, both RO and the Administration shall be bound by confidentiality provisions to be agreed between them.

  6.3 Surveyors

Normally, surveys shall be carried out by the surveyors working exclusively for RO. RO may use exclusive surveyors of another organization with which RO has a bilateral agreement provided that the other organization is recognized by the Administration. However, RO may use non-exclusive surveyors provided such surveyors and all services and functions performed by such personnel relevant to this agreement, are subject to the quality assurance system of the RO. These provisions apply to subcontractors and to all other suppliers of support services being relevant to statutory survey and certification.

  6.4 Amendments

Amendments to this Agreement and appendixes will become effective only after consultation and written agreement between the Administration and RO.

  6.5 Governing Law and settlement of Disputes

  • .1 The Agreement shall be governed by and construed in accordance with [Agreed State] law. Any dispute arising in connection with this Agreement which cannot be settled by private negotiations between the parties shall be settled finally by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce in [Agreed Location].

  • .2 In the performance of statutory certification services hereunder, RO, its officers, employees and other acting on its behalf are entitled to all the protection of law and the same defences and/or counterclaims as would be available to the Administration and its own staff surveyors or employees if the latter had conducted the statutory certification services in question.

  6.6 Liability

  • .1 In the context of this Agreement, if a liability is finally and definitively imposed on the State of the Administration for loss or damage which is proved in a court of law to have been caused by any negligent act or omission by RO, its officers, employees or others who act on behalf of RO under this Agreement, the Administration is entitled to seek from RO compensation up to but not exceeding the amount of financial liability as defined in the standard terms and conditions of RO.

  • .2 While acting for the Administration under this Agreement RO shall be free to create contracts direct with its clients and such contracts may contain RO's normal contractual conditions for limiting its legal liability.

  6.7 Termination

  • .1 If this Agreement is breached by one of the parties, the other party will notify the violating party of its breach in writing to allow the notified party the opportunity to remedy the breach within days, failing which the notifying party has the right to terminate the Agreement immediately.

  • .2 This Agreement may be terminated by either party by giving the other party 12 months written notice.

Parent topic: Annex - Model Agreement - Agreement Governing the Delegation of Statutory Certification Services for Vessels Registered in [State] between [Administration] and [Recognized Organization]
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