| Whenever the following words and
phrases appear in the Preamble and the other Clauses hereof,
they shall have the meaning indicated below: |
| 1. |
"Association"
means the entity formed in accordance with the provisions
of Clause II below |
| 2. |
"Claim"
means any claim for Pollution Damage or for the cost of Remedial
Measures filed by a Claimant pursuant to the provisions of this
Contract. |
| 3. |
"Claimant"
means any Person who has filed a Claim under this Contract. |
| 4. |
"Designate a
Licence" means that a Party by means of written notice
to the Association has made this Contract applicable to then
existing or later existing Offshore Facilities which are installed
or operated under a Licence identified in said notice, during
the period said Party is the Operator thereof. |
| 5. |
"Designated
Offshore Facility" means each Offshore Facility to which
a Party has made this Contract applicable as described in Clause
I 10 below. Each such Offshore Facility is a Designated Offshore
Facility only as to the Party who designated the Licence under
which the same is installed or operated and only for the period
during which that Party is the Operator thereof. |
| 6. |
"Designated
State" means the United Kingdom of Great Britain and Northern Ireland, Denmark, the Federal Republic of Germany, France, the Republic of Ireland, the Netherlands, Norway, the Isle of Man and the Faroe Islands,and any other state recognised as such under international law or custom which the Parties by appropriate amendment hereto under Clause X may so denominate. |
| 7. |
"Discharge of
Oil" means any escape or discharge of Oil into the sea
from one or more Designated Offshore Facilities. |
| 8. |
"Incident"
means any occurrence or series of occurrences arising out of
one event which results in a Discharge of Oil. |
| 9. |
"Licence"
means a licence, concession, permit or other authorization issued
by the Government of a Designated State to install or operate
an Offshore Facility. |
| 10. |
"Offshore Facility"
means: |
| |
A. |
any well and any installation
or pipeline or portion thereof of any kind, fixed or mobile,
being used for the purpose of exploring for, producing, treating,
storing or transporting Oil from the seabed or its subsoil; and |
| |
B. |
any well used for the
purpose of exploring for or recovering gas or natural gas liquids
from the seabed or its subsoil during the period that any such
well is being drilled (including completion), re-completed or
worked upon (except for normal work-over operations); or |
| |
C. |
any installation of any kind, fixed
or mobile, intended for the purpose of exploring for, producing,
treating or storing Oil from the seabed or its subsoil where
such installation has been temporarily removed from its operational
site for whatever reason; |
| |
which is located within the jurisdiction of a Designated State but excluding any Offshore Facility located in the Baltic Sea or Mediterranean Sea
to the extent that it and, in the case of any well, any installation
from which it is drilled, are both to seaward of the low-water
line along the coast as marked on large scale charts officially
recognised by the Government of such Designated State:
provided however that none of the following shall be considered
an Offshore Facility:
|
| |
(i) |
any abandoned well, installation
or pipeline; or |
| |
(ii) |
any ship, barge or other craft
not being used for the storage of Oil, commencing at the loading
manifold thereof |
| 11. |
"Oil"
means crude oil and condensate (being those products of natural
gas processing which assume liquid form at normal temperature
and pressure), whether or not such materials are mixed with or
present in other substances. |
| 12. |
"Operator"
means a Person which by agreement with other Persons has
been authorized to manage, conduct, and control the operation
of an Offshore Facility, subject to the terms and conditions
of said agreement, or which manages, conducts and controls the
operation of an Offshore Facility in which only it has an interest. |
| 13. |
"Party" means any
party to this Contract. |
| 14. |
"Person" means
an individual or partnership or any public or private body, whether
corporate or not, including a Designated State or other State. |
| 15. |
"Pollution Damage"
means direct loss or damage ( other than loss of or damage
to any Designated Offshore Facility involved ) by contamination
which results from a Discharge of Oil. |
| 16. |
"Public Authority"
means the Government of any State recognised as such under
international law or custom and any public body or authority
(municipal, local or otherwise) within such State competent under
the municipal law of such State to carry out Remedial Measures. |
| 17. |
"Remedial Measures" means reasonable
measures taken by any Party from any of whose Designated Offshore
Facilities a Discharge of Oil occurs and by any Public Authority
to prevent, mitigate or eliminate Pollution Damage following
such Discharge of Oil or to remove or neutralize the Oil involved
in such discharge, excluding however, well control measures and
measures taken to protect, repair or replace any such Designated
Offshore Facility. |
| 18. |
"Rules" means the Rules of the
Association, as made, altered or added to from time to time in
accordance with the Articles of Association of the Association. |
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