1.2.2 不可获赔的金额或根据船东的保险单和互保协会的入会证书可获补偿的部分金额,以较低者为准。
1.3 上述所有的规定,均受下述定义、除外、保证和条件制约。
2 DEFINITIONS
2.1 Insured Perils
1.1.1 Avoidance of the Owners’ Policies and Club Entries or any of them by the underwriters thereof on the grounds of a misrepresentation or non-disclosure of any material circumstance, whether such misrepresentation or non-disclosure arises from the assured thereunder or any of such assured’s insurance agents or insurance brokers.
1.1.2 Breach of any statutory provision or any express or implied promissory warranty or condition, including without limitation
1.1.2.1 breach of any implied warranty of seaworthiness or legality,
1.1.2.2 breach of section 39(5) of the Marine Insurance Act of 1906,
1.1.2.3 breach of trading warranties contained in any of the Owners Policies and Club Entries,
1.1.2.4 breach of any warranty or condition in any of the Owners’ Policies and Club Entries in respect of the classification of the Mortgaged Vessel by the Classification Society or any failure to comply with the recommendations of such Society to the extent required by such warranty or condition
1.1.2.5 breach of any warranty or condition in any of the Owners’ Policies and Club Entries which requires compliance with any condition survey, structural survey or P&I Club survey requirements and pursuant to which clauses underwriters deny a claim,
1.1.2.6 breach of any warranty or condition in any of the Owners’ Policies and Club Entries in respect of the ownership, flag, management or charter on a bareboat basis of the Mortgaged Vessel,
1.1.3 failure by the assured under the hull and machinery policy or the owners, managers or superintendents of the vessel or any of their onshore management to exercise due diligence in respect of any loss or damage to the Mortgaged Vessel where such failure to exercise due diligence entitles the underwriters of the owner’s hull and machinery policy to deny a claim otherwise recoverable thereunder,
1.1.4 any deliberate or fraudulent casting away of or damage to the Mortgaged Vessel,
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