MA-742 Owner's Contract of Commitment

u.s.

Department

Of Tranlpor18lkx1

MaritimeAdmlnl8trltlon

ContractMA
OWNER'S
CONTRACT OF COMMITMENT

THIS AGREEMENT, made as of
, 19_,
and by between the
UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION,
MARITIME ADMINISTRATION or its successor (herein called the "United States") and
a corporation organized and existing under the laws of
(herein called the "Owner"), and having its principal place
of business at

:W:!I~.e..§..§..e.IH
WHEREAS, on
, 19-, the Maritime Administrator, Department of
Transportation (herein called the "Maritime Administrator") found and determined that the
(herein described as the "Vesser), Official No.
.
documented under the laws of
of
Gross
Ton" which was built
. 19_, is eligiblefor interimwar risk insuranceunderTitle XII,
Merchant Marine Act, 1936, as amended, 46 CFR Part 308.1(b) as revised: Provided, That the Vessel
shall at all times be in compliance with requirements of 46 CFR Part 308 and that the Vessel shall be
made available to the United States upon request in the event of a national emergency, as described
in Article (1) hereinbelow, pursuant to this Contract of Commitment: And, Provided Further, That the
Owner or the Master of the Vessel shall periodically notify the United States of the Vessel's position in
accordance with Subsection 308.2(c) of this Part 308 and
WHEREAS, the parties hereto desire to enter into such a voluntary Contract of Commitment
covering the Vessel:
NOW, THEREFORE, in consideration of the premises and other good and valuable considerations
hereinafter set forth, the parties hereto mutually agree as follows:
(1) The Owner hereby commits itself to make the Vessel available to the United States during
any period in which vessels may be requisitioned under Section 902 of the Merchant Marine Act, 1936,
as amended, i.e., whenever the President of the United States of America shall proclaim that ,the
security of the national defense makes it advisable or during any national emergency which may have
been declared by proclamation of the President of the United States, and expressly agrees that any
charter or other contract covering the use of the Vessel during the period covered by the interim war
risk insurance binder and tbe period of any insurance attaching thereunder shall be subject to
termination or suspension without notice in the event the United States requests the use of the Vessel
under this voluntary Contract of Commitment.

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MA-14Z
Rev."-

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(2) Upon the request of the United States, acting through the Department of Transportation,
Maritime Administration, or its successor, or through the Department of the Navy, pursuant to
authorization from the Department of Transportation, Maritime Administration, the Vessel shall be
made available as directed by such Department, wherever the Vessel may then be, whether at sea or
in port, at the option of such Department, for purchase or for use (under a time or bareboat form of
charter) for such period or periods of time as required by the United States.
(3) In the event the Department of the Navy exercises the authority referred to in Article (2)
above, it is understood that (a, if time permits, the Maritime Administrator, upon advice by the Chief of
Naval Operations, will notify the Owner and also the Master of the Vessel to make the Vessel available
to Naval authority, and will also direct the Master to report to the appropriate Naval Commander for
operational control or (b) if time does not permit, and the Senior Naval Commander in or for the area
or his/her authorized representative shall have found it necessary, he/she will take immediate
operational control of the Vessel, after which the Maritime Administrator.. upon receipt of advice of such
action from the Chief of Naval Operations, will confirm such action to the Owner and also to the
Master; with such confirmation to be retroactive to and effective as of the day and hour when control
was assumed by the Naval authorities.
.

(4) As soon as practicableafter the United States has assum~ operational control of the Vessel
as aforesaid, either through the Maritime Administration directly, or through the Department of the
Navy, the Maritime Administration will tender to the Owner an agreement containing the same terms
and conditions upon which a vessel of the United States could be requisitioned for purchase or charter
in accordance with the applicable provisions of Section 902(a), Merchant Marine Act, 1936, as
amended.
(5) This voluntaryContractof Commitmentis not intended,nor shall it be deemed,to affect or
modify in any respectthe terms and obligationscontainedin any other agreementor contractof
whatsoevernature underwhich the Vesselis or may hereafterbecomeseparatelycommittedto the
use of the United States during the perioddescribedin Article (1) hereof.

(6) Subject to the various warranties. agreements and representations of the Owner as contained
in the Owner's application for interim war risk insurance. submitted with this Contract. the United
States hereby undertakes and agrees to provide such war risk insurance on the Vessel pursuant to
regulations published in the Federal Register (46 CFR Part 308), as amended from time to time.
(7) It is the intentionand understandingof the parties hereto that the period of this Contractof
Commitment
shall be coextensive
insurance
issued thereunder.

F«m MA.7U
R8Y~

with the period

of the interim

war risk insurance

binder

and any

3
IN WITNESS WHEREOF, this voluntary Contract of Commitment has been executed in triplicate by
the United States on the
day of
, 19_, and by the
day of
-~
. 18,
Owner on the

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
(MARITIME ADMINISTRATION)

ATTEST:

Secretary
Maritime Administration

Approved as to form:

Maritime Administrator

Chief Counsel
MaritimeAdministration

CORPORATE SEAL

Attest:

Owner

BY:

Secretary

'MA.742
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4

certifythat I am the duly chosen, qualified, and acting
Secretaryof
a party to this Contract.and, as such, I am
the custodianof its official recordsand the minutebooksof its governingbody; that
who signedthis Contract
on behalf of said corporation, was then he/she duly qualified
of said corporation; that said officer affixed his/her manual signature to said Contract in his/her official
capacity as said officer for and on behalf of said corporation by authority and direction of its goveming
body duly made and taken; that said Contract is within the scope of the corporate and lawful powers of
this corporation.

Secretary

(CORPORATE SEAL)

Form MA.7'2
Rev. 4-86