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Owners agree, if so instructed by Charterers, to instruct the Master to commingle the cargo or
cargoes loaded on board, always in strict compliance with safety rules, and subject to the
technical characteristics of the Vessel.
(2)
Charterers warrant that any cargoes to be commingled or blended on board shall be stable and
compatible and that no precipitation of solid deposits in cargo tanks, pipes, pumps, valves will
occur.
(3)
(4)
In the event of commingling or blending on board, Charterers shall return all three (3) original
copies of all bills of lading issued in respect of the cargoes to be blended or commingled to
Owners for cancellation. Upon return of the original copies of the bills of lading as aforesaid,
Owners will issue replacement bills of lading in respect of the commingled or blended cargo,
which will state on their face:
the details from the bill of lading pursuant to which the cargoes were originally
loaded, including the nature of the cargo, the original quantity loaded and the date and
place of loading; and
ii
In the event Owners are instructed to commingle or blend the cargo or cargoes, Charterers
agree to indemnify Owners, and Owners agree to be indemnified by Charterers, as follows:
(a)
Indemnify Owners, their servants and agents and to hold each and all harmless in
respect of any liability, loss or damage of whatsoever nature proximately caused by reason of
complying with Charterers instruction to commingle or blend the cargo or cargoes loaded on board
and/or by issuing replacement bills of lading in accordance with this clause.
(b)
In the event of any proceedings being commenced against Owners or any of their
servants or agents in connection with Charterers instruction to commingle or blend the cargo or
cargoes loaded on board and/or in connection with issuing replacement bills of lading in accordance
with this clause, to provide Owners or any of their servants or agents from time to time with sufficient
funds to defend such proceedings.
(c)
(d)
The liability of each and every person under this indemnity shall be joint and several
and shall not be conditional upon Owners proceeding first against any person, whether or not such
person is party to or liable pursuant to this undertaking.