Maritime Administration- Fleet COE..pdf

American Steamship Owners Mutual Protection and Indemnity Association, Inc.

Shipowners Claims Bureau, Inc., Manager

One Battery Park Plaza – 31st Floor New York, NY 10004, U.S.A.

C E R T I F I C A T E O F E N T R Y of the vessel(s) set out herein for account of the Member named hereunder subject to the By-Laws and Rules of the Association from time to time in force and to any special terms and conditions endorsed hereon and/or as may from time to time be circularized. Unless indicated to the contrary herein, the cover evidenced by this Certificate of Entry commences at noon GMT on the date specified below and continues until cover ceases or is terminated in accordance with the said By-Laws and Rules.

Class I – Protection & Indemnity Insurance

VESSEL(S)

As per schedule

IMO NO.

As per schedule

FLAG

As per schedule

GROSS TONNAGE

As per schedule

PORT OF REGISTRY

As per schedule

MEMBER

MARITIME ADMINISTRATION

DEPARTMENT OF TRANSPORTATION

1200 NEW JERSEY AVENUE SE

WASHINGTON, D.C. 20590

COVER TO COMMENCE

20-FEB-25

RENEWAL DATE

20-FEB-26

COASSURED

SPECIAL TERMS & CONDITIONS AS ATTACHED

IMPORTANT

This Certificate of Entry is evidence only of the contract of indemnity insurance between the above-named Member and the Association and shall not be construed as evidence of any undertaking, financial or otherwise, on the part of the Association to any other party.

Unless otherwise stated in the attached Special Terms and Conditions, the cover evidenced by this Certificate of Entry includes the Association's liability to reimburse the Member for claims in respect of cargo, liability for pollution, liability for the removal of wreck and liability for damage to third-party property (dock damage) as defined in the By-Laws and Rules of the Association and any Special Terms and Conditions appended to this tCertificate of Entry.

If a Member tenders this Certificate as evidence of insurance under any applicable law relating to financial responsibility, or otherwise shows or offers it to any other party as evidence of insurance, such use of this Certificate by the Member is not to be taken as any indication that the Association thereby consents to act as guarantor or to be sued directly in any jurisdiction whatsoever. The Association does not so consent.

The Member and any CoAssureds named in this Certificate of Entry are liable to pay Mutual Premium as provided for in Rule 4. Furthermore, the Member and any CoAssureds may become liable under the said Rule 4 to pay Overspill Calls to meet the Association's proportion of any Overspill Claims up to the limit per vessel as provided for in the said Rule 4.

CERTIFICATE NO.: 00478000001

NEW YORK: 30-APR-2025 BY: _________________________________________

AUTHORIZED SIGNATURE

CERTIFICATE NO.: 00478000001

SCHEDULE OF VESSELS

VESSEL NAME IMO TYPE FLAG PORT OF REGISTRY GT

EMPIRE STATE 9910313 Training Ship USA New York, New York 22,613

GOLDEN BEAR 8834407 Training Ship USA Vallejo, California 12,517

KENNEDY 6621662 Training Ship USA Buzzards Bay, Massachusetts

13,886

PATRIOT STATE 9910325 Training Ship USA Buzzards Bay, Massachusetts

25,985

STATE OF MICHIGAN 8835451 Training Ship USA Traverse City, Michigan 1,894

SPECIAL TERMS & CONDITIONS

Collision FOUR-FOURTHS COLLISION COVERAGE INCLUDED It is understood and agreed that the coverage provided by Rule 2, Section 3.1 is hereby amended to provide four fourths of the liabilities arising out of collision other than those set out in Rule 2, Section 3.2.

Other Clauses NO LAID-UP RETURNS It is hereby noted and agreed that the provisions of Class I, Rule 4, Section 13, do not apply to the coverage evidenced by this Certificate of Entry.

Member Specific Clauses LIMIT OF LIABILITY It is hereby noted and agreed that, notwithstanding anything contained in the By-Laws and Rules of the Association to the contrary, the Association's liability for all claims arising hereunder is limited to US$1,000,000,000 any one accident or occurrence.

JOINT MEMBERS

United States of America, acting by and through the Maritime Administration.

State of California acting by and through the Board of Trustees of the California State University as represented by the California State University Maritime Academy Northwestern Michigan College acting by and through the Great Lakes Maritime Academy State of Massachusetts acting by and through the Massachusetts Maritime Academy State of Maine and by and through the Maine Maritime Academy State of New York acting by and through the State University of New York Maritime College Texas A&M University, a member of The Texas A&M University System and an agency of the State of Texas, on behalf of the Texas A&M Maritime Academy

DEDUCTIBLE

US$10,000 From all claims, fees and expenses, each accident or occurrence, however the maximum annual deductible absorption by the Member shall not exceed US$100,000 per policy period

NO HULL INSURANCE CLAUSE

It is understood and agreed that the Maritime Administration does not have Hull Insurance. Notwithstanding anything in the Rules to the contrary, the absence of Hull Insurance shall not reduce the amount of coverage for the Member, Joint Members or Co-assureds.

APPLICABLE LAW CLAUSE

Notwithstanding Class I, Rule 1, Section 4.52, it is understood and agreed that the contract of insurance between the Association and the Member shall be governed by and construed in accordance with US Federal Law and to the extent applicable with the law of the State of New York.

NO RECOURSE CLAUSE

Notwithstanding anything in the Rules to the contrary, it is understood and agreed that with reference to the Rules and specifically Class I, Rule 4, Section 1.1, cover provided hereunder is on the basis of Fixed Premium. It is further understood and agreed that the United States of America and or Co-assureds named in this Certificate of Entry shall not be liable for deficiencies in the funding of the Association and shall not be liable to make contribution to such deficiencies in the funding of the Association.

PAYMENT FIRST BY MEMBER CALUSE

Pursuant to the provisions of Class 1, Rule 1, Section 4.29, it is a condition precedent of the Member's right to recover from the funds of the Association in respect to any liabilities, costs or expenses that he shall first have discharged and paid such liability, cost or expense. Notwithstanding anything in the Rules to the contrary, in the event that the Association is directed to make a payment in connection with a covered matter by the Government of the United States of America as represented by the Maritime Administration or the Department of Transportation or any affiliated Agencies or Departments, the Association shall make such payment on behalf of the Member.

It is understood and agreed that in respect of pollution incidents, an official in the Maritime Administration's Office of Marine Insurance will provide written notice to the Association regarding the individual(s) and their addresses authorized to direct payments under the Clause and no other persons in the Federal Government shall such authority under this cover. It is further understood and agreed that any such payment shall be made without prejudice, shall not constitute a waiver, estoppel or admission by the Association, and shall not be construed as a waiver of any rights, claims or defenses available to the Association under the subject marine contract of insurance, at law or otherwise and as provided for in Class I, Rule 1, Section 4.40.

NO WAIVER OF SOVEREIGN IMMUNITY CLAUSE

It is the position of the United States that the vessels covered hereunder are "public vessels" and are therefore exempt from the Oil Pollution Act of 1990 (OPA 90) and the requirement for United States Coast Guard certificates of financial responsibility compliance. It is also the position of the United States that the Maritime Administration is not a responsible party under OPA 90. The Association provides its coverage understanding and accepting these legal positions. The entitlement to recover hereunder shall not be limited by or subject to the tonnage liability limits of OPA 90, such as 33 U.S.C. § 2704.

The coverage provided hereunder shall not be construed as a waiver of the sovereign immunity of the United States with respect to any private or state entity.

DISPUTE RESOLUTION CLAUSE

Notwithstanding the provisions of Class I, Rule 1, Section 4.50, it is understood and agreed that in the event of any dispute between the Member and the Association, as described in and arising under Class I, Rule 1, Section 4.50.a, the Member shall not be subject to the Appeal process described in that Section 4.50, nor shall the Member be subject to adjudication by the Association’s Board of Directors.

In the event that the Member should wish to appeal the Manager’s final decision, such appeal shall be brought by an action filed by the Member against the Association exclusively in the United States District Court for the Southern District of New York and must be commenced no later than one year after the Manager’s final decision has been provided to the Member.

"AS IF" OPA COVERAGE CLAUSE

Notwithstanding any provisions in this agreement to the contrary, it is understood and agreed that the coverage hereunder provides for payments to federal entities (United States Coast Guard, the Department of Defense, Federal trustees, etc.) for the costs of clean-up, removal, and damages under 33 U.S.C. § 2702(b) arising out of an oil spill connected with the covered vessels, even though the Maritime Administration may not be liable for those costs under the Oil Pollution Act of 1990, as well as in the instances where such federal entities may not legally sue the Maritime Administration.

If there is an oil spill involving an insured vessel, it is understood and agreed that the Association will appoint, assign, instruct and direct ECM Maritime Services, LLC, or such other contractor as may be agreed between the Maritime Administration and the Association, in responding to the incident.

SOVEREIGN IMMUNITY OF PUBLIC VESSELS AND DEFENSE OF CLAIMS CLAUSE

It is understood and agreed that any litigation maintainable against the United States must comply with the laws relating to the waivers of sovereign immunity of the United States. Actions against the United States relating to public vessels may be brought under the Public Vessels Act, 46 U.S.C. §§ 31101 - 31113 or other waivers of sovereign immunity. It is understood that under this Agreement and by law (28 U.S.C. § 501-530), the Attorney General of the United States and designated U.S. Department of Justice US Attorneys have ultimate control over any resulting litigation on behalf of the United States. However, such law shall not relieve the underwriters from providing the defense for the Maritime Administration and other assureds. Private insurance counsel will appear on behalf of the United States and represent the interests of the Maritime Administration on a basis monitored by the Department of Justice. Insurance counsel shall notify the Maritime Administration and the Department of Justice of any litigation.

The attorney appointed Department of Justice to monitor the case will be briefed by private counsel upon the initiation of a case and throughout any litigation.

EXCESS WAR AND TERRORISM COVERAGE

It is understood and agreed in accordance with the provisions of Class I, Rule 3, Section

1.1 that cover is extended to include such liabilities, costs and expenses as would be covered under the Rules of the Association but for the exclusion of War and Terrorism Risks as set out in the said Rule. This extended Protection & Indemnity War Risks cover is subject to a limit in respect of such liabilities, costs and expenses of US$500,000,000 any one insured vessel any one event in excess of amounts recoverable under the insured vessel's or crew war risk P&I policies, subject to a minimum deductible of US$10,000,000 any one event.

1. This cover for War Risks under Class I, Rule 3, Section 1.1 shall be subject to the following:

BIO-CHEM EXCLUSION

In no case shall this insurance cover liabilities, costs, losses and expenses directly or indirectly caused by or contributed to by or arising from

(a) any chemical, biological, bio-chemical or electromagnetic weapon

(b) the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system other than liabilities, costs, losses and expenses arising from

(i) explosives or the methods of the detonation or attachment thereof

(ii) the use of the insured vessel or its cargo as a means for inflicting harm, unless such cargo is a chemical or bio-chemical weapon

(iii) the use of any computer, computer system or computer software program or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.

2. This policy excludes all loss, damage, liability, cost or expense:

(a) caused by or arising from or in connection with any Russia-Ukraine conflict and/or expansion of such conflict; or

(b) in any area or territory or territorial waters where Russian armed forces, Russian-backed forces, and/or Russian authorities are engaged in conflict within the territories (including territorial waters) of the Russian Federation, Belarus, Ukraine and any dispute regions of Ukraine, the Crimean Peninsula, and the Republic of Moldova;

(c) arising from the capture, seizure, arrest, detainment, confiscation, nationalization, expropriation, deprivation or requisition for title or use, or the restraint of movement of vessels and cargo in the territories (including territorial waters) of the Russian Federation, Belarus, Ukraine and any dispute regions of Ukraine, the Crimean Peninsula, and the Republic of Moldova.

3. At any time or times before, or at the commencement of, or during the currency of any Policy Year, the Association may in its discretion determine that any ports, places, countries, zones or areas (whether of land or sea) be excluded from the insurance provided by this cover for War and Terrorism Risks ("Prohibited Areas" and or "Specified Areas"). Save as otherwise provided by the Association this cover shall cease in respect of Prohibited Areas and or Specified Areas at Midnight GMT on the third day following the issue of notice of such determination in accordance with Class I, Rule 3, Section 1.1.

Unless and to the extent that the Board in its discretion otherwise decides, there shall be no recovery from the Association under this cover in respect of any claim howsoever arising out of any event, accident or occurrence within the Prohibited Areas and or Specified Areas after such date.

4. Where this policy insures liability, loss, damage, cost, or expense caused by, arising out of or in any way connected with one or more of the following risks:

(a) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;

(b) capture, seizure, arrest, restraint, or detainment, and the consequences thereof or any attempt thereat;

(c) derelict mines, torpedoes, bombs, or other derelict weapons of war;

(d) strikes, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotions;

(e) terrorism, or any person acting maliciously or from a political motive;

(f) confiscation, nationalization, expropriation, deprivation or requisition. This policy may be cancelled in respect of these risks only by the Association giving 72 hours' notice of cancellation (hereinafter "Notice") with Notice being effective from Midnight GMT on the day Notice is given. The Association may subsequently agree to reinstate cover, if required, on terms to be agreed by the Association. Any reinstatement of cover shall occur at a time to be agreed by the Association.

5. Notwithstanding the terms of clauses 23 and 4 above, or any other term or condition of this insurance, cover hereunder in respect of the risks of war, etc., shall TERMINATE

AUTOMATICALLY:

(a) upon the occurrence of any hostile detonation of any nuclear weapon of war, wheresoever of whensoever such detonation may occur, and/or;

(b) upon the outbreak of war (whether there be a declaration of war or not) between any of the following countries: United Kingdom, United States of America, France, the Russian Federation, the People's Republic of China;

(c) In respect of any vessel, in connection with which cover is granted hereunder, in the event of such vessel being requisitioned either for title or use.

6. This cover excludes:

Liabilities, costs or expenses (irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the Member or his servants or agents) when the loss or damage, injury, illness or death or other accident in respect of which such liability arises or cost or expense is incurred, was directly or indirectly caused by or arises from

- ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; or

- the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; or

- any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive matter;

other than liabilities, costs and expenses arising out of carriage of such material or matter as the Managers in their absolute discretion may approve.

7. This cover excludes any liabilities which the Member may incur under the Tanker Oil Pollution Indemnification Agreement 2006 (as amended) (TOPIA 2006 as amended).

8. When either a demise, time, voyage, space or slot charterer and/or the owner of the insured vessel are separately insured for losses, liabilities, or the costs and expenses incidental thereto covered under Class I, Rule 3, Section 1.1 of the Association and/or the equivalent Rule of any other association which participates in the Pooling Agreement and General Excess Loss Reinsurance Contract, the aggregate of claims in respect of such losses, liabilities, or the costs and expenses incidental thereto covered under Class I, Rule 3, Section 1.1 of the Association and/or the equivalent Rule of such other association(s), shall be limited to US$500,000,000 any one vessel any one incident or occurrence. If such claims exceed this limit, the liability of the Association in respect of each Certificate of Entry shall be limited to that proportion of the limit that claims recoverable from the Association and from such other Association(s), if any.

TERRITORY RESTRICTION CLAUSE

Notwithstanding anything to the contrary in this Certificate of Entry, or endorsement added to this Certificate of Entry, there shall be no coverage afforded by this policy for any:

i. entity organized, headquartered, incorporated, registered or established in a Specified Area; or

ii. natural person located in a Specified Area; or

iii. claim, action, suit or proceeding brought or maintained in a Specified Area.

For purposes of this endorsement, "Specified Area" means:

a. The Republic of Belarus; or

b. The Russian Federation as recognized by the United Nations (or their territories, including territorial waters, or protectorates where they have legal control; legal control shall mean where recognized by the United Nations), (hereinafter, referred to collectively as the Specified Area.)

Where there is any conflict between the terms of this Territory Restriction Clause and the terms of entry, the terms of this Territory Restriction Clause shall apply, subject at all times to the Rules.

If any provision of this Territory Restriction Clause is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, such provision will, to that extent, be deemed not to form part of this Territory Restriction Clause but the validity, legality and enforceability of the remainder of this Territory Restriction Clause will not be affected.

EXCLUSION - W.H.O. DECLARED COMMUNICABLE DISEASE CLAUSE ("WDCD

CLAUSE")

1. In the event that the World Health Organization ('WHO') has determined an outbreak of a Communicable Disease to be a Public Health Emergency of International Concern (a 'Declared Communicable Disease'), no coverage will be provided under the Additional Coverage section(s) of the terms of entry for any loss, damage, liability, cost or expense directly or indirectly arising from any transmission or alleged transmission of the Declared Communicable Disease.

2. The exclusion in paragraph 1 of this WDCD CLAUSE will not apply to any liability of the Member otherwise covered by the Additional Coverage section(s) of the terms of entry where the liability directly arises from an identified instance of a transmission of a Declared Communicable Disease and where the Member proves that the identified instance of a transmission took place before the date of determination by the WHO of the Declared Communicable Disease.

3. However even if the requirements of paragraph 2 of this WDCD CLAUSE are met, no coverage will be provided under the Additional Coverage section(s) of the terms of entry for any:

A. liability, cost or expense to identify, clean up, detoxify, remove, monitor, or test for the Declared Communicable Disease whether the measures are preventative or remedial;

B. liability for or loss, cost or expense arising out of any loss of revenue, loss of hire, business interruption, loss of market, delay or any indirect financial loss, howsoever described, as a result of the Declared Communicable Disease; or C. loss, damage, liability, cost or expense caused by or arising out of fear of or the threat of the Declared Communicable Disease.

4. As used in this WDCD CLAUSE, Communicable Disease means any disease, known or unknown, which can be transmitted by means of any substance or agent from any organism to another organism where:

A. the substance or agent includes but is not limited to a virus, bacterium, parasite or other organism or any variation or mutation of any of the foregoing, whether deemed living or not, and B. the method of transmission, whether direct or indirect, includes but is not limited to human touch or contact, airborne transmission, bodily fluid transmission, transmission to or from or via any solid object or surface or liquid or gas, and C. the disease, substance or agent may, acting alone or in conjunction with other comorbidities, conditions, genetic susceptibilities, or with the human immune system, cause death, illness or bodily harm or temporarily or permanently impair human physical or mental health or adversely affect the value of or safe use of property of any kind.

5. This WDCD CLAUSE shall not extend the Additional Coverage section(s) of the terms of entry to cover any liability which would not have been covered under the Additional Coverage section(s) of the terms of entry had this WDCD CLAUSE not been attached.

All other terms, conditions and limitations of the Additional Coverage section(s) of the terms of entry remain the same.

WDCD COVERAGE BUYBACK

Notwithstanding the WDCD CLAUSE, coverage will be provided under the Additional Coverage section(s) of the terms of entry for any loss, damage, liability, cost or expense directly arising from any transmission or alleged transmission of the Declared

Communicable Disease ('WDCD Coverage Buyback').

Notwithstanding the WDCD Coverage Buyback, no coverage will be provided under the Additional Coverage section(s) of the terms of entry for any:

A. liability, cost or expense to identify, clean up, detoxify, remove, monitor, or test for the Declared Communicable Disease whether the measures are preventative or remedial;

B. liability for or loss, cost or expense arising out of any loss of revenue, loss of hire, business interruption, loss of market, delay or any indirect financial loss, howsoever described, as a result of the Declared Communicable Disease; or C. loss, damage, liability, cost or expense caused by or arising out of fear of or the threat of the Declared Communicable Disease.

Terms defined in the WDCD CLAUSE shall be defined in the same way in the WDCD Coverage Buyback.

This WDCD Coverage Buyback shall not extend the Additional Coverage section(s) of the terms of entry to cover any liability which would not have been covered under the Additional Coverage section(s) of the terms of entry had this WDCD Coverage Buyback not been attached. All other terms, conditions and limitations of the Additional Coverage section(s) of the terms of entry remain the same.

WDCD COVERAGE BUYBACK LIMIT OF LIABILITY

Notwithstanding the Limit of Liability stated in the Additional Coverage section(s) of the terms of entry, a Sub-Limit of Liability of US$5,000,000 per event and in the aggregate any one policy year shall be applicable to any and all liabilities, costs, claims, fines, penalties, losses, damages or expenses covered by WDCD Coverage Buyback.

It is understood and agreed that all claims made against the Member and arising from the same cause shall be deemed as one event.

MARINE CYBER EXCLUSION

It is understood and agreed that the terms of entry do not provide coverage for, and expressly exclude coverage for, any and all liabilities, costs, claims, fines, penalties, losses, damages or expenses directly or indirectly caused by or contributed to, by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus, computer process or any other electronic system. Subject to the terms of entry, the indemnity otherwise recoverable hereunder shall not be prejudiced by the use or operation of any computer, computer system, computer software program, computer process or any other electronic system, if such use or operation is not as a means for inflicting harm.

American Steamship Owners Mutual Protection and Indemnity Association, Inc.

Shipowners Claims Bureau, Inc., Manager

One Battery Park Plaza – 31st Floor New York, NY 10004, U.S.A.

E N D O R S E M E N T

Class I – Protection & Indemnity Insurance

MEMBER

MARITIME ADMINISTRATION

POLICY YEAR

CLAIMS IN RESPECT OF CREW – PRE-EMPLOYMENT MEDICAL EXAMINATIONS

Save to the extent that the Managers may in their absolute discretion otherwise agree, in the event that the Member intends to employ crew from Bulgaria, India, Indonesia, Latvia, the Philippines, Poland, Romania, the Russian Federation or Ukraine, or from any other countries as may from time to time be designated, the Member shall ensure that:

i all such crew have undergone a pre-employment medical examination at a clinic approved by the Association; and ii the said examination shall have included the full range of tests as defined in the Association’s standard medical report form; and iii all such crew shall have passed the said examination and have been classified as fit for maritime work by the clinic no more than 60 days prior to employment by the Member.

Failure to comply with any of the obligations set out in i, ii, iii above, shall entitle the Managers in their absolute discretion to:

a. apply a deductible twice that which would otherwise have applied to a claim arising from the illness of a crew member falling within the ambit of this clause, notwithstanding that such claim would have arisen regardless of the Member’s failure to comply with any of the obligations set out in i, ii, iii above; and/or

b. deny any claims for the death, illness or injury of a crew member falling within the ambit of this clause, or any expense incurred in respect thereof, in whole or in part, arising from a medical condition which could have been discovered if the Member had complied with the obligations set out in i, ii or iii above. Whether or not such medical condition could have been discovered if the Member had complied with the said obligations shall be a matter for the sole and exclusive determination of the Managers.

NOTE:

In order to comply with the terms stated above, it is essential that the Member ensures the appropriate clinic is made aware in advance of the crew PEME so that the required tests as defined by the Association in the standard medical form and the Association’s standard medical report form is completed in entirety.

The Association-approved medical form is valid for no more than two (2) calendar years from the original date of issuance thereof.

Crew employed on board a newly-entered vessel are not subject to the requirements set out in this endorsement for the period from such entry until the time at which their contract expires or is terminated.

However, crew joining a newly-entered vessel after the date of entry shall be subject to the requirements of this endorsement.

The full list of Association’s approved clinics and medical forms may be found at the Association’s website at www.american-club.com. Such listing and any subsequent amendments thereto are deemed automatically to have been incorporated herein without further notice.

ANY OTHER TERMS, CLAUSES AND CONDITIONS OF COVER EVIDENCED BY THE CERTIFICATE OF

ENTRY REMAIN UNCHANGED.

ENDORSEMENT NO: 00478000001

NEW YORK: 30-APR-2025 BY: ___________________________________________