CLASS 5, THE PROTECTING AND INDEMNITY CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 5, THE PROTECTING AND INDEMNITY CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 23rd JANUARY 2002, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of altering and adding to the Rules. The following alterations and additions together with such further alterations and additions, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2002. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9RISKS COVERED 9.19Cargo: 9.19.2.3there shall be no recovery in the case of deviation from the contractually agreed voyage if as a result of such deviation the Member is denied any defences or rights of limitation which would otherwise have been available to him to exclude or reduce liability unless either: 9.19.2.3.1the Member has notified the Association of the deviation before it occurs or immediately upon receiving information that it has occurred and the Association has agreed or arranged cover on special terms (which may include the requirement of an additional Call or premium), or: 9.19.2.3.2the Committee in its sole discretion shall determine that the Member had reasonable grounds for believing that no deviation was being or had been made or that the deviation was permitted under the terms of the contract of carriage; 9.19.2.4unless the Committee in its sole discretion shall otherwise determine, there shall be no recovery in respect of: 9.19.2.4.1any Bill of Lading, Waybill or other document containing or evidencing the Contract of Carriage issued with the knowledge of the Member or the Master of the entered ship with an incorrect date or an incorrect description of the cargo or its quantity or its condition or a misstatement of the port of loading or the port of discharge; - 2 [Explanation: It is likely that the Committee will be asked to exercise its discretion in a case where a Member has incurred a liability arising from a deviation, not in circumstances where the Member was unaware of the deviation, but rather in circumstances where the Member was aware of a geographical or other deviation but had reasonable grounds for believing that such a deviation was permitted under the terms of the contract of carriage. Thus this amendment is made in order to reflect the most likely circumstances in which the Committee might be asked to exercise its discretion. There have been instances of misstatement of the port of loading or the port of discharge in a bill of lading and, if the Member should incur a liability arising from such a misstatement, then it is suggested that cover should be a matter for the Committee’s discretion.] 9.22Property other than Cargo on board an Entered Ship: 9.22.1Liability for loss of or damage to any containers, equipment, bunkers or other property on board the entered ship other than cargo and the effects of any person aboard, PROVIDED that: 9.22.1.1there shall be no recovery in respect of any property which forms part of the entered ship or which is owned, hired, or leased or borrowed by the Member or by any company associated with or under the same management as the Member; [Explanation: In a recent case