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1997年3月1日协会船舶抵押权人利益保险条款

  4.2 It is the duty of the Assured and their servants and agents to take such measures as may be reasonable for the purpose averting or minimising a loss which would be recoverable under this insurance.
  4.3 The Underwriters will reimburse charges properly and reasonably incurred by the Assured their servants or agents for such measures except for legal costs and expenses incurred by the Assured in relation to any claim under Owners’ Policies and Club Entries which shall only be reimbursed in accordance with clause 6.4 herein.
  4.4 Subject to the condition precedent that the Mortgaged Vessel is entered in a Freight, Demurrage and Defence Club covering the cost of the owner proceeding against the Owners’ Policies and Club Entries, the Underwriters will reimburse those legal costs and expenses incurred by the Assured in pursuing the non-paying Owners’ Policies and Club Entries not otherwise recoverable as part of the Net Loss bur only where the Assured can demonstrate to the satisfaction of the Underwriters that it has made every reasonable effort to compel the owner to pursue the non-paying Owners’ Policies and Club Entries. This policy shall not pay for legal costs and expenses incurred by the Assured in monitoring the claim against the Owners’ Policies and Club Entries.
  4.5 Any amounts payable under this clause shall be included within and shall not be additional to the Sum Insured.
  4.6 Measures taken by the Assured or the Underwriters with the object of averting or minimising a loss which would be recoverable under this insurance shall not be considered as a waiver or acceptance of a claim or otherwise prejudice the right of either party.
  第6条 被保险人的义务(施救)条款(Duty of Assured (Sue and Labour))
  6 被保险人的义务(实救)
  6.1 被保险人应在知晓根据本保险可能引起索赔的任何情况的30日内书面向保险人报告所有的进展情况
  6.2 被保险人及其雇员和代理人,有义务采取可以合理避免或减轻根据本保险可获赔偿的损失的各项措施
  6.3 保险人将补偿被保险人、其雇员或代理人采取此种措施适合合理发生的费用,但被保险人就有关依据船东的保险单和互保协会的入会证书提出的任何索赔发生的法律费用和开支除外,这些费用和开支仅能按照下述第6.4款的规定获得补偿


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