TO: THE OWNERS AND AGENT OF THE “MV. HONG HAI ” DATE: 7TH/JUL/2010
DEAR SIRS,
SHIP: MV.HONG HAI
VOYAGE: POHANG,KOREA—TIANJIN XINGANG,CHINA CARGO:ZINC ORES
BILL(S) OF LADING: NO. HAPT-01,HAPT-02,HAPT-03
THE ABOVE CARGO WAS SHIPPED ON THE ABOVE VESSEL AND ORIGINAL BILL(S) OF LADING HAS BEEN SURRENDERED AT POHANG,HEREBY REQUEST YOU TO GIVE DELIVERY OF THE CGO TO RECEIVER WITHOUT PRODUCTION OF THE ORIGINAL BILL(S) OF LADING:
IN CONSIDERATION OF YOUR COMPLYING WITH OUR ABOVE REQUEST WE HEREBY AGREE AS FOLLOWS:
1. TO INDEMNIFY YOU,YOUR SERVANTS AND AGENTS AND TO HOLD ALL OF YOU HARMLESS IN RESPECT OF ANY LIABILITY, LOSS,
DAMAGE OR EXPENSES OF WHATSOEVER NATURE WHICH YOU MAY SUSTAIN BY REASON OF THE VESSEL PROCEEDING AND GIVING DELIVERY OF THE CARGO IN ACCORDANCE WITH OUR REQUEST.
2. IN THE EVENT OF ANY PROCEEDINGS BEING COMMENCED AGAINST YOU OR ANY OF YOUR SERVANTS OR AGENTS IN CONNECTION WITH THE VESSEL PROCEEDING AND GIVING DELIVERY OF THE CARGO AS AFORESAID TO PROVIDE YOU OR THEM ON DEMAND WITH SUFFICIENT FUNDS TO DEFEND THE SAME.
3. IF,IN CONNECTION WITH THE VESSEL PROCEEDING AND GIVING DELIVERY OF THE CARGO AS AFORESAID,THE SHIP OR ANY OTHER SHIP OR PROPERTY BELONGING TO YOU SHOULD BE ARRESTED OR DETAINED OR IF THE ARREST OR DETENTION THEREOF SHOULD BE THEREATENED TO PROVIDE ON DEMAND SUCH BAIL OR OTHER SECURITY AS MAY BE REQUIRED TO PREVENT SUCH ARREST OR DETENTION OR TO SECURE THE RELEASE OF SUCH SHIP OR PROPERTY AND TO INDEMNIFY YOU IN RESPECT OF ANY LIABILITY,LOSS,DAMAGE OR EXPENSES
CAUSED BY SUCH ARREST OR DETENTION OR THREATENED ARREST OR DETENTION WHETHER OR NOT SUCH ARREST OR DETENTION OR THREATENED ARREST OR DETENTION MAY BE JUSTIFIED.
4. THE LIABILITY OF EACH AND EVERY PERSON UNDER THIS INDEMINITY SHALL BE JOINT AND SEVERAL AND SHALL NOT BE CONDITIONAL UPON YOUR PROCEEDING FIRST AGAINST ANY PERSON ,WHETHER OR NOT SUCH PERSON IS PARTY TO OR LIABLE UNDER THIS INDEMNITY
5. THIS INDEMNITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW AND EACH AND EVERY PERSON LIABLE UNDER THIS INDEMNITY SHALL AT YOUR REQUEST SUBMIT TO THE JURISDICTION OF THE HIGH COURT OF JUSTICE OF HONGKONG.
YOURS FAITHFULLY
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