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, 31st JANUARY 2007, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of amending the Rules. The following amendments together with such further amendments, 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 2007. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9 RISKS COVERED 9.3 Injury and Death – Seamen 9.3.1 Liability to pay damages or compensation for personal injury or death of any seaman of an entered Ship who is on board or proceeding to or from the Ship, and hospital, medical, funeral and other expenses necessarily incurred in relation to such injury or death, including expenses of repatriating the seaman and sending abroad and/or awaiting a substitute to replace him, 9.3.1.1 PROVIDED that where the liability arises or the costs or expenses are incurred under the terms of a crewing agreement, collective agreement or other contract of service or employment and would not have arisen but for those terms, such liability is only covered to the extent that those terms shall have been previously approved by the Association in writing. 9.3.1.2 PROVIDED that, subject to Rule 9.3.1 and to Rule 9.3.1.1, where the liability arises or the costs or expenses are incurred while a seaman is on leave, the seaman shall be deemed to have been serving at the material time on the Ship on which he last served prior to his injury or death. [Explanation: The proposed change clarifies that the deeming provision set out in Rule 9.3.1.2 is subject to the proviso contained in Rule 9.3.1.1 alone.] 9.4 Illness - Seamen 9.4.1 Liability to pay damages or compensation for illness or (including industrial disease) of a seaman of an entered Ship who is on board or proceeding to or from that Ship, and hospital, medical, funeral and other expenses necessarily incurred in relation to such illness or industrial disease including expenses of repatriating the seaman and sending abroad and/or awaiting a substitute to replace him. 9.4.1.1 The PROVISOS in Rules 9.3.1.1 and 9.3.1.2 shall apply to recovery under Rule 9.4. [Explanation: The change is proposed to achieve consistency in the language and presentation of the Rule.] - 2 9.15 Pollution 9.15.1 Liabilities, costs and expenses set out in Rule 9.15.1.1 - 9.15.1.4 to the extent that they are the result of the discharge or escape from an entered Ship of oil or any other polluting substance, or the threat of such discharge or escape, namely: 9.15.1.1 liability for loss, damage or contamination; 9.15.1.2 liability of an Assured as a party to any agreement previously approved by the Association in writing, and the costs and expenses incurred by an Assured in performing his obligations under such agreements; 9.15.1.3 the costs of measures reasonably taken (or taken in compliance with any order or direction given by any government or authority) for the purpose of avoiding the threat of or minimising pollution, and liability incurred as a result of such measures; 9.15.1.4 liability of an Assured to pay special compensation t