Notwithstanding any clause contained herein or contained in XSC tariff, long or short form bill of lading or any underlying agreement between the Participants or any statute or convention to the contrary, XSC agrees that in no event shall its liability to EGH or the PRINCIPALS for claims arising out of this Agreement be less than that of EGH or the PRINCIPALS liability to third parties resulting from XSC breach of this Agreement.
　　XSC are liable for any loss or damages sustained to equipments and/or containers while in the possession or custody or jurisdiction of XSC and shall indemnify EGH or the PRINCIPALS for the cost of such loss or damages. In case of container total loss, XSC shall give notice in writing of such Total loss to EGH and pay to EGH or the PRINCIPALS the depreciated replacement value of the container. The depreciated replacement value per Container is determined by depreciating the replacement value per Container is determined by depreciating the replacement value on monthly basis at the rate of 5 (five) percent per annum, commencing from the manufacture date of the Container. The replacement value of each type of the Container are as following. However, the depreciated replacement value shall not be less than 50 (fifty) percent of the replacement value.”
　　协议第10条规定：
　　“CLAUSE PARAMOUNT
　　The parties agree that this Agreement shall have effect subject to Hague Rules as adopted by the International Convention of Brussels of August 25th 1924 as amended by the Brussels Protocal of 1968, and any legislation making those Rules compulsorily applicable to this bill of lading including COGSA, which Rules shall be deemed incorporated herein and made a part of this Agreement and nothing herein contained shall be deemed as surrender by the parties of any of their rights and immunities or an increase of any of their responsibilities under said Act except as provided in the Jurisdiction and Liability and Indemnity provisions herein. The provisions cited in said Act shall (except as may be otherwise specifically provided herein) also govern before EGH or the PRINCIPALS Cargo and containers are loaded on and after they are discharged from the XSC vessel provided, however, that the containers and cargo at said time determined to be in actual custody of XSC.”

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