Clause 9 - Co-Assureds
A. The Managers may accept the entry of any ship upon terms that within the limits and upon the conditions set out in this Clause, the benefit of the cover afforded by the Club to the Assured in respect of that ship shall be extended to persons or companies named as co-assureds with that Assured under the same entry.
PROVIDED ALWAYS that:
i) Unless otherwise agreed in writing by the Managers, the Assured and all co-assureds shall be jointly and severally liable to pay all Premium or other sums due to the Club in respect of such entry.
ii) The cover afforded under this Clause 9 A shall extend only to risks, liabilities and expenses arising out of operations and/or activities customarily carried on by or at the risk and responsibility of a Charterer and which are within the scope of the cover afforded by the Rules and any special terms set out in the Certificate of Entry.
B. Unless and to the extent that separate cover has been agreed in writing with the Assured by the Managers, the benefit of the cover extended to co-assureds in accordance with Clause 9A shall be limited to reimbursement of claims relating to liabilities, costs or expenses incurred by them to the extent that the Assured
(i) would have incurred the same liabilities, costs and expenses if the same claims had been pursued against it and
(i) would thereafter have been entitled to obtain reimbursement from the Club in accordance with the terms of entry of the entered ship in the Club.
C. The total liability of the Club in respect of any one event to the Assured and to all co-assureds to whom the benefit of the Assured’s cover has been extended in accordance with this Clause shall not exceed such sum as would have been recoverable from the Club in respect of such event by the Assured, and the receipt by the Assured or any co-assureds of that sum or of separate payments by the Club amounting in aggregate to that sum shall be a full and sufficient discharge of the Club’s liability.
D. The failure by the Assured or any co-assured to disclose material information within its knowledge shall be deemed to have been failure of the Assured and all co-assureds;
E. Conduct of the Assured or any of the co-assureds under this Clause which would have entitled the Club to decline to indemnify it shall be deemed the conduct of the Assured and all co-assureds under the same entry.
F. Any failure by the Assured or any one of the co-assureds to comply with any of the obligations under these Terms & Conditions, shall be deemed to be a failure of the Assured and all co-assureds.
G. Any provision of these Clauses which would entitle the Club to reject or reduce recovery in respect of the Assured or one of the co-assureds shall be deemed to apply to the Assured and all co-assureds.
H. Unless the Managers have otherwise agreed in writing, the contents of any communication from or on behalf of the Club to the Assured and any co-assured shall be deemed to be within the knowledge of the Assured and all co-assureds, and any communication from the Assured or any co-assured to the Club, the Managers or their agents shall be deemed to have been made with the full approval of the Assured and all co-assureds.
I. Notice served on the Assured or any co-assured by the Club pursuant to Clause 25 shall be deemed to be served on the Assured and all co-assureds.
J. There shall be no reimbursement from the Club of claims relating to any liabilities, costs, expenses or disputes among the Assured and co-assureds.