ABS_Certificate_of_Classification_01282014.pdf

Certificate No.: 11187051-20H250-001

CHARTERED

CERTIFICATE OF, CLASSIFICATION

FERDINAND R. HASSLER

!fl>e,rcd(ltion SWATH OCEAN SURVEILLANCE VESSEL

,$1Jimensiom, .,;/!.enfjtlt 36.3 m d}Jcm'atlt 18.5 m

?;oltlttUje, cf}co.~s 809 e?Vet 242

(!)nmer NOAA, OFFICE OF MARINE AND AVIATION OPERATIONS

@)/ti1IOui/tJer VT HALTER MARINE

@nfji1lf' @!7)11il»er EMOD Moteren GmbH,CATERPILLAR INC .

.!;/)all'~ dlJ11ilfJ 26 May 2011 dJ&II @7Vum6a 1965

NU\1BER

11187051

?;!tis is to 'fJecti~1j t/t(lt tlte above IteM been svcveveB in accoctJcmce mitlt tlte Z/?.ules o·6 tltis @7Juceau rmB enlecefJ in tlte cdl?.ecm;() mitlt the YJiass t~~A1, Swath Vessel, Coastwise Service,®, t~~AMS, t~~ABCU, NIBS

28 July 2011 25 May 2016

Issue Date Expiration Date

Chief Surveyor Assistant Secretary

NOTE: This certificate evidences comp/ianc·e wilh one or more of the Rule.•. Guides, S/OIIdard.r or Olhtr criluia of American Bureau of Shipping and is issued solely for the use of the Bure{lu, i1s commitreeo, ils clients or other authorized entities. Tire classificatimr certificate is" representation only that the vessel, structure, item of material, equipmmt or machi11ery or any other item. covered by this certificate has mtt o11e or more of the Rules of American Bureau of Shipping. The certifiCate is governed by the terms and conditions on the reverse side hereof, and govemed by the Rules and standards of American Bureau of Silif>ping who shall remain the .mit judge therof

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Certificate No.: 11187051-2014250-001

TERMS AND CONDITIONS

1. The issuance and interpretation of the class certificate is subject to the terms and conditions of the "Request for Classification and Agreement" (hereinafter "the Agreement") which are hereby incorporated by reference.

2. REPRESENTATIONS AS TO CLASSIFICATION

Classification is a representation by ABS as to the structural and mechanical fitness for a particular use or service in accordance with its Rules and standards. The Rules of American

Bureau of Shipping are not meant as a substitute for the independent judgment of professional designers, naval architects and marine engineers nor as a substitute for the quality control procedures of shipbuilders, engine builders , steel makers suppliers, manufacturers and sellers of marine vessels, materials, machinery or equipment. ABS being a technical society can only act through Surveyors or others who are believed by it to be skilled and competent.

ABS represents solely to the vessel Owner or other client (hereinafter "Client") of ABS that when assigning class it will use due diligence in the development of Rules, Guides and standards and in using normally applied testing standards , procedures and techniques as called for by the Rules, Guides, standards or other criteria of ABS for the purpose of assigning and maintaining class. ABS further represents to the Client of ABS that its certificates and reports evidence compliance only with one or more of the Rules , Guides, standards or other criteria of ABS in accordance with the terms of such certificate or report. Under no circumstances whatsoever are these representations to be deemed to relate to any third party.

3. RESPONSIBILITY AND LIABILITY

It is understood and agreed that the class certificate (hereinafter referred to as "certificate") issued as part of the services rendered under the Agreement is a representation only that the vessel , structure. item of material , equipment or machinery or any other item covered by a certificate has met one or more of the Rules or standards of American Bureau of Shipping and is issued solely for the use of ABS, its committees, clients or other authorized entities. The validity, applicability and interpretation of a certificate issued under the terms of or in contemplation of the Agreement is governed by the Rules and standards of American Bureau of Shipping who shall remain the sole judge thereof. Nothing contained in this certificate or in any report issued in contemplation of this certificate shall be deemed to relieve any designer, builder, owner, manufacturer, seller, supplier, repairer, operator or other entity of any warranty express or implied nor to create any interest, right, claim or benefit in any third party. It is understood and agreed that nothing expressed herein is intended or shall be construed to give any person , firm or corporation , other than the parties hereto, any right, remedy or cl<lim hereunder or under any provisions herein contained; all provisions hereof are for the sole and exclusive benefit of the parities hereto.

4. SUSPENSION AND CANCELLATION OF CLASS

The continuance of the Classification of any vessel is conditional upon the Rule requirements for periodical, damage and other surveys being duly carried out. The Committee reserves the right to reconsider, withhold , suspend, or cancel the class of any vessel or any part of the machinery for noncompliance with the Rules, for defecls reported by the Surveyors which have not been rectified in accordance with their recommendations, or for nonpayment of fees which are due on account of Classification , Statutory and Cargo Gear Surveys. Suspension or cancellation of class may take effect immediately or after a specified period of time .

5. LIMITATION

ABS makes no representations beyond those contained herein and in the provisions of the request for classification regarding its reports, statements, plan review, surveys, certificates or other services.

6. HOLD HARMLESS

THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED, OR HIS ASSIGNEE OR SUCCESSOR IN INTEREST, AGREES TO RELEASE ABS AND TO INDEMNIFY AND HOLD

HARMLESS ABS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, OR ACTIONS FOR DAMAGES, INCLUDING LEGAL FEES, TO PERSONS OR OTHER LEGAL ENTITIES AND/OR PROPERTY, TANGIBLE, INTANGIBLE OR OTHERWISE WHICH MAY BE BROUGHT AGAINST ABS INCIDENTAL TO, ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE, SERVICES PERFORMED OR MATERIAL TO BE FURNISHED UNDER THIS CERTIFICATE, EXCEPT FOR THOSE CLAIMS CAUSED SOLELY AND COMPLETELY BY THE NEGLIGENCE OF ABS, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR SUBCONTRACTORS.

ANY OTHER INDIVIDUAL OR PARTY WHO CLAIMS A RIGHT HEREUNDER OR WHO CLAIMS TO BE A BENEFICIARY OR ANY PORTION OF THE SERVICES RENDERED IN COMTEMPLATION OF THIS CERTIFICATE SHALL INDEMNIFY AND HOLD ABS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS OR ACTIONS FOR DAMAGES, INCLUDING LEGAL FEES, TO PERSONS AND/OR PROPERTY, TANGIBLE, INTANGIBLE OR OTHERWISE WHICH MAY BE BROUGHT AGAINST ABS BY ANY PERSON OR ENTITY AS A RESULT OF THE SERVICES PERFORMED IN COMTEMPLATION OF THIS CERTIFICATE, EXCEPT FOR THOSE CLAIMS CAUSED SOLELY AND COMPLETELY BY THE NEGLIGENCE OF ABS, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR SUBCONTRACTORS.

7. LIMITATION OF LIABILITY

THE COMBINED LIABILITY OF AMERICAN BUREAU OF SHIPPING, ITS COMMITIEES, OFFICERS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS FOR ANY LOSS, CLAIM OR DAMAGE ARISING FROM ITS NEGLIGENT PERFORMANCE OR NONPERFORMANCE OF ANY OF ITS SERVICES OR FROM BREACH OF ANY IMPLIED OR EXPRESS WARRANTY OF WORKMANLIKE PERFORMANCE IN CONNECTION WITH THOSE SERVICES, OR FROM ANY OTHER REASON, TO ANY PERSON, CORPORATION, PARTNERSHIP, BUSINESS ENTITY, SOVEREIGN, COUNTRY OR NATION, WILL BE LIMITED TO THE GREATER OF A} $100,000 OR B) AN AMOUNT EQUAL TO TEN TIMES THE

SUM ACTUALLY PAID FOR THE SERVICES ALLEGED TO BE DEFICIENT.

THE LIMITATION OF LIABILITY MAYBE INCREASED UP TO AN AMOUNT TWENTY-FIVE (25) TIMES THAT SUM PAID FOR SERVICES UPON RECEIPT OF CLIENT'S

WRITIEN REQUEST AT OR BEFORE THE TIME OF PERFORMANCE OF SERVICES AND UPON PAYMENT BY CLIENT OF AN ADDITIONAL FEE OF $10.00 FOR EVERY $1 ,000.00

INCREASE IN THE LIMITATION.

8. ARBITRATION

Any and all differences and disputes of whatsoever nature arising out of this certificate shall be put to arbitration before a board of three persons, consisting of one arbitrator to be appointed by ABS, one by Client and one by the two so chosen . The decision of any two of the three on any point or points shall be final. Until such time as the arbitrators finally close the hearings either party shall have the right by written notice served on the arbitrators and on an officer of the other party to specify further disputes or differences under this certificate for hearing and determination. The arbitrators may grant any relief other than punitive damages which they, or a majority of them, deem just and equitable and within the scope of lhe agreement of the parties, including, but not limited to specific performance. Awards made in pursuance to this clause may include costs including a reasonable allowance for attorney's fees and judgment may be entered upon any award made hereunder in any court having jurisdiction. ABS and Client hereby mutually waive any and all claims to punitive damages in any forum.

Client shall be required to notify ABS within thirty (30) days of the commencement of any arbitration between it and third parties which may concern ASS's work in connection with this certificate and shall afford ABS an opportunity, at ASS's sole option , to participate in the arbitration .

ADDITIONAL INFORMATION

NEW HULL SECTION DESCRIPTION:

DATE OF MODIFICATION:

ICE CLASS NOTATION

MINIMUM ENGINE OUTPUT:

MAXIMUM ICE DRAUGHT FWD: AMIDSHIPS:

MINIMUM ICE DRAUGHT FWD: AMIDSHIPS:

AUTOMATION NOTATION

NUMBER OF UNATIENDED HOURS:

OPERATING RESTRICTIONS

North America East Coast Less than 200 miles, Gulf of Mexico & Caribbean

ADDITIONAL NOTATIONS

NVIC 10-82 Acceptance of Plan Review, CRC

RECORD COMMENTS

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Certificate No.: 11187051-2014250-001

AFT:

AFT:

Certificate No.: 11187051-2014250-001

ANNUAL SURVEY ENDORSEMENT

Place Date

- - ----------:=----:--,...----------- Surveyor to the American Bureau of Shipping (Signature)

Place Date

------------:-::-:----:----,----------- Surveyor to the American Bureau of Shipping (Signature)

INTERMEDIATE SURVEY ENDORSEMENT

Place Date

--------- ---:;::-----:----,----------- Surveyor to the American Bureau of Shipping (Signature)

EXTENSION OF CLASS CERTIFICATE

THIS CLASSIFICATION CERTIFICATE IS EXTENDED UNTIL

Date

Place Date

-----------:c::-:---:----:----------- Surveyor to the American Bureau of Shipping (Signature)

Please note that the classification of this vessel is automatically suspended and the certificate automatically becomes invalid, if not endorsed annually within three months of the due date of the annual survey, or if the certificate is not endorsed for completion of the intermediate survey within three months of the due date of the third annual survey.

THIS CERTIFICATE IS NOT A CONFIRMATION OF CLASS

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FOUNDED 1862

3 August 2011

Captain, "Ferdinand R. Hassler" NOAA, Office ofMarine & Aviation Operations Department of Commerce, US Federal Government 8403 Colesville Road, Suite 500 Silver Spring, MD 2091 0

Subject:

Dear Captain:

Certificate of Classification' "Ferdinand R. Hassler" No. 11187051-2014250-001

Enclosed is the subject certificate for "Ferdinand R. Hassler". Please place the certificate aboard the vessel. Thank you for choosing ABS Americas for this project.

Regards, ::a~ Amanda Barnes Administrative Assistant ABS Americas- Mobile Port

Enclosure

ABS Americas 4480 Halls Mill Rd, Building 3, Suite F, Mobile, AI. 36693

TEL: 1-251-661-3500 FAX: 1-251-661-3577 Email: absmobile@eagle.org www.eagle.org