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	General conditions for Docking, and Berthing, Undocking and Alongside Quay Utilization by Third Party Vessels and Floating Structures. 1. Definitions and Interpretations 1.1 In the Conditions: The Government of Dubai and the Board’ of Dubai Ship Docking Yard (JADAF Dubai) are referred to as “DSDY”. An owner / operator of a vessel seeking docking and berthing facilities at the Dubai Ship Docking Yard (JADAF Dubai) is referred to as a “Ship Owner” A company carrying out repair work at Dubai Ship Docking Yard under contract to a Ship owner is referred to as a “Ship Repairer” The entire complex comprising Ship Docking facilities, Berthing facilities, Berthing facilities, workshops and the like, known as the Dubai Ship Docking Yard is referred to as the “Yard”. The Yard is the complete area bounded by the fence on the landlord side and the Dubai Creek on the seaward side inclusive of any structures floating or permanent which may be considered necessary by the Yard to protect the working environment. “Claims and Costs” means any actions, proceeding, claims, losses, costs and expenses (including legal costs and expenses on a full indemnity basis), payments, liabilities, fines, damages or other sanctions of a monetary nature (including any penalty payable in connection with any failure to pay or delay in paying any of the same). 2. Application of Conditions 2.1 The Conditions shall govern and be incorporated into the contract and if there is any conflict or inconsistency between the Conditions and any other Conditions, terms, representations or warranties whatsoever, express or implied (and whether statutory or otherwise), the Conditions shall prevail except and to the extent that any part of the Conditions may have been, or may from time to time be, specifically excluded or varied in writing and duly signed by an authorized representative of DSDY. 2.2 The issue of the instructions to berth shall (without prejudice to any other manner in which acceptance of the Conditions may be evidenced) be deemed to constitute unqualified acceptance of the Condition by the Ship Owner. 3.Conditions, Scope and Performance of Works (Docking / Undocking) 3.1 The laws, regulations, practices, rules and instructions from time to time applicable at the Yard (including, without limitation, the applicable laws and regulations of the Competent Authorities as well as the oral and written practices, rules and instructions from time to time issued, made or given by or on behalf of DSDY) shall in all respects apply to the Ship Owner and the Vessel during the vessel’s stay at the Yard, and the Ship owner shall comply with and observe all such laws, regulations, practices, rules and instructions. 3.2 The Ship Owner shall ensure that his contacted Ship Repairer complies with all said rules and regulations and that he, the Ship Owner, will be held fully responsible, if he, or his representative, in any way, and for whatever reason, induces the Ship Repairer to ignore, flout or fail to comply with such rules and regulations. 3.3 Dry docking dates at time of booking are given in good faith only. They are not guaranteed and DSDY does not accept any responsibility / liability for any docking delays beyond its control. 3.4 Whilst every effort will be made to accommodate vessels for lifting, it must be clearly understood that DSDY reserve the right to refuse any vessel for docking, that is if the vessel is considered to be on the limits of the shiplift’s capability or the center of gravity too high etc. 3.5 In such a case DSDY will not be held responsible for any costs involved for bringing side vessel to the lift or time lost to the Owner. 3.6 The Ship Owner shall ensure that all matters regarding fuel, dangerous cargoes etc., being carried on the vessel are clearly identified to DSDY prior to docking and understand that failure to notify such shall be deemed a breach of contract for which the Owner is fully responsible for any resulting consequences without recourse to DSDY. 3.7 The Ship Owner shall provide DSDY with full particulars of the docking arrangement for the vessel with regard to placing of support blocks etc., prior to the vessel being considered for docking. 3.8 DSDY accept no responsibility for damages sustained to the vessel, as a result of docking requested by the Ship Owner. 3.9 Should the Ship Owner require special arrangement for docking (i.e., split hull, dredging spud hung etc.), any damages sustained by the vessel as a result of these arrangement shall be the sole responsibility of the Ship Owner. The Ship Owner shall further be responsible to any third party in respect of personal injury and any consequential losses incurred by DSDY or to the third parties without limitation. 3.10 The Ship Owner will employ only those Ship Repairers who are resident within DSDY and those who have correct Government and DSDY authorization to carry out repair work on vessel within DSDY 3.11 Upon delivery of the Ship from repair, the Owner / Ship Repairer shall at his/their expense remove from DSDY premises any parts and equipment belonging to them. If such parts and equipment have not been removed within 30 days from such delivery, the Ship Owner / Ship Repairer shall be deemed to have waived his / their rights to such parts and equipment, which shall thereupon become the property of DSDY. 4. Technical information 4.1 At the request of DSDY, the Ship Owner shall from time to time supply free of charge to the DSDY all such technical information and documentation (including, but not limited to drawings, models and descriptions of the vessel) as DSDY may require in connection with the preparation for and execution of the docking, berthing, undocking and mooring. 5. Insurance 5.1 Throughout the period during which the vessel is at the Yard or otherwise is being worked on pursuant to the contract, the Ship Owner shall: (a) properly and adequately insure the vessel against fire and all usual marine risks, war risks, and protection and indemnity risks upon such terms (as to amount and otherwise), through such first class brokers and with such first class insurance companies, underwriters, as may be approved in writing by DSDY provided that such approval not be unreasonably withheld; and (b) produce to the DSDY from time to time on request such documents (including, but not limited to, insurance policies, certificates of entry and receipts) and such information as the DSDY may require to prove compliance by the Ship Owner with its obligations under this sub-paragraph. 6. Ship Owners Representative 6.1 The Ship Owner shall appoint a representative (the “Representative”) who shall be fully authorized on behalf of the Ship Owner to promptly, irrevocably and unconditionally approve and, where necessary, to countersign DSDY invoices, and to make all such other decisions, to do all such other things and to execute all such other documents as may be required of the Ship Owner in respect of the Works. 6.2 If the Ship Owner shall fail to appoint (or maintain the appointment of) the Representative, the master of the vessel shall be deemed to have full authority to represent and bind the Ship Owner in relation to the matters described in sub-paragraph 6.1 6.3 The Representative shall attend the yard at the sole risk and expenses of the Ship Owner and DSDY shall be under no liability whatsoever to the Ship Owner or the Representative for any loss or damage whatsoever suffered by the Representative including, the death of or any bodily injury to the Representative, or any damage to or loss or destruction of any property of the Representative, other than for death or bodily injury directly resulting from the negligence of DSDY. 7. Price and Terms on Payment DSDY shall invoice for all services provided to the Ship Owner prior to Departure of his vessel and those that do not have pre-arranged credit facilities Must settle all outstanding invoices prior to the vessel undocking. 8. Force Majeure The DSDY shall not be liable to the Ship Owner for any loss or damage Whatsoever which may be suffered or sustained by the Ship Owner being Prevented, hindered or delayed by any Force Majeure Event. 9. Liability 9.1 The DSDY shall be under no liability of whatsoever nature to the Ship Owner, whether direct or indirect, (including, but not limited to, any loss of time, loss of profit, loss of revenue or earnings, loss of goodwill or reputation, loss resulting from the liability of the Ship Owner to any other person or any other indirect, special or consequential loss whatsoever) and howsoever arising other than for any physical loss or damage to the vessel or property of the Ship Owner which is proved to have been caused directly by the negligence of DSDY, in which case DSDY aggregate liability for each incident or series of incidents giving rise to a claim shall, under no circumstance, exceed the sum of US$ 3,000,000 and shall be the lowest of (a) the cost of necessary remedial work; and (b) the value of that part or parts of the Vessel or such property to which the claim relates at the time of the loss or damage. 9.2 DSDY shall be under no liability whatsoever to the Ship Owner in respect ofAny claim of whatsoever nature arising out of or in connection with the Contract, and the Ship Owner shall not be entitled to commence any suit action or proceedings whatsoever in respect of any such claim, unless the Ship Owner notifies the DSDY in writing of the claim immediately after the Ship Owner becomes aware (or should reasonably have become aware) of the facts or matters giving rise to the claim and, in any event, within six (6) months from departure from DSDY. 9.3 Except to the extent and solely for the amount that the DSDY would be liable to the Ship Owner under sub-paragraph 9.1; the Ship Owner shall indemnify the DSDY, and hold it harmless against all claim and costs whatsoever or howsoever arising which may be brought against DSDY or incurred or suffered by it as a direct or indirect result or carrying out the docking, berthing undocking and mooring. 9.4 Except as otherwise expressly provided in the Conditions; (a) at all times the Vessel shall be at the entire risk, liability and responsibility of the Ship Owner; and (b) DSDY makes no condition, term, representation or warranty, express or implied (and whether statutory or otherwise) in connection with or in relation to the docking, berthing, undocking and mooring and accordingly, the Ship Owner irrevocably and unconditionally waives the benefit of any such condition, term, representation or warranty. 10. Termination 10.1 The Ship Owner, on signing the contract with DSDY agrees to implement the safety procedures for repair work as directed by DSDY in compliance with International Regulation and those of Dubai Municipality. 10.2 DSDY reserves the right to terminate the Ship Repair work and remove the vessel from the Yard if the Ship Owner and / or the Ship repairer disregard the rules and regulations governing Ship Repair at the Yard. 10.3 The Ship Owner agrees to comply with safety requirement as set by DSDY and / or the Municipality and failure to comply may result in cancellation of the repair authority. 10.4 DSDY or its appointed representatives has the final word on all matters regarding safe working practices and any breaches renders the Ship Owner liable to prosecution or financial penalty as per local rules. 11. General 11.1 The Ship Owner acknowledges and agrees that no officer, servant, agent or sup-contractor of DSDY shall, under any circumstances whatsoever be under any liability whatsoever to the Ship Owner for any loss, damage or delay of whatsoever kind. 12. Governing Low and Jurisdiction 12.1 The Contract shall be governed by, and construed in accordance, with the laws of the Emirates of Dubai. 12.2 The Ship owner hereby irrevocably agrees for the benefit of DSDY that the Civil Courts of the Emirate of Dubai shall have exclusive jurisdiction to hear. And determine any suit, action or proceedings, and to settle any disputes, Which may arise out of or in connection with the contract (respectively, “Proceedings” and “Disputes”) and, for such purposes, irrevocably submits to the jurisdiction of such courts. 12.3 The Ship Owner irrevocably waives any objection which it might at any time have to courts referred to in sub-paragraph 12.2 being nominated as the forum to hear and determine any proceedings and to settle any Disputes, which may arise out of or in connection with the Contract and agrees not to claim that any such court is not a convenient or appropriate forum. 12.4 The submission to the jurisdiction of the courts referred to in sub-paragraph 12.2 shall not (and shall not be construed so as to) limit the right of DSDY to take Proceedings against the Ship Owner through any other court of competent jurisdiction, nor shall the taking of Proceedings by the DSDY in any one or more jurisdiction preclude DSDY from taking Proceedings in any other jurisdiction (whether concurrently or not), to the extent permitted by applicable law.