We hereby undertake and agree that in consideration of the Association agreeing to issue the MLC Certificates under Regulation 2.5.2, Standard A2.5.2, Regulation 4.2 and Standard A4.2.1 paragraph 1(b) of the Maritime Labour Convention 2006, as amended (MLC) at our request:
- where any payment by the Association under any such certificate is in respect of war risks, we will indemnify the Association to the extent that such payment is recoverable under the Assured's P&I war risks policy, or would have been recoverable if the Assured had maintained and complied with the terms and conditions of a standard P&I war risks insurance policy,
- to assign to the Association all the rights of the Assured under any social security scheme, or other insurance or national fund or other similar arrangement where such scheme, insurance, national fund or arrangement applies in respect of all or any liabilities arising under the MLC Certificates;
- 30 days from a notice to the Flag State of the termination thereof we shall take all necessary steps to remove the Certificates and any copies thereof from the Vessel/Unit(s) and return them to the Association.
These undertakings shall be governed by and construed in accordance with English law and any claim, dispute, legal action or proceeding arising out of or in connection with this letter of undertaking shall be subject to the exclusive jurisdiction of the High Court of Justice in London.
When called upon to do so, we will instruct solicitors in London to accept, on behalf of the Assured of any of the above Vessel, service of proceedings issued on behalf of the Association in connection with this undertaking.
We also represent and warrant that the signatory is authorised to sign this form on behalf of the Assured and each of the Co-Assureds. By accepting this quote we accept these terms.