In Moscow

SALVAGE CONTRACT

Odessa, 26th of April, 19 . . .

It is hereby agreed between Mr. Enrico Galli, the Captain of the vessel "Malta," registered at the port of Genoa, Italy, owned by the Italian Steamship Line, Rome, Italy, hereinafter, called "the Captain" and the Salvor the Soviet Icebreaker "Toros," registered at the port of Odessa, U.S.S.R-, in the person of Mr. V. I. Petrov, Master of the said icebreaker, hereinafter called "the Salvor" on the following:

1. The Salvor undertakes to perform salvage operations to salve the above-named vessel, her cargo and any other property on board and to take the vessel into the port of Odessa, U.S.S.R., or any other place to be agreed upon later with the Captain.

2. For the purpose of the performance of the salvage operations, the Salvor may make reasonable use, free of cost, of the gear, chain's, anchors and other appurtenances of the vessel being salved.

3. For the performance of the operations, provided for in Clause 1 of this Contract, the Salvor, in case useful results are attained, shall receive remuneration to the amount of 50 000 Rbls or to the amount to be fixed by the Maritime Arbitration Commission at the U.S.S.R. Chamber of Commerce and Industry in Moscow (Ulitsa Kuibysheva, 6) if the parties fail to agree on amount of remunera­ tion.

If a certain amount of salvage remuneration is provided for by the parties in the Contract, this amount may, nevertheless, be dis­puted before the Maritime Arbitration Commission by either party as well as by any other person interested. Any other disputes arising between the parties of this Contract shall also be settled by the Mari­time Arbitration Commission.

4. Should the Salvor desire to secure his claim under this Con­ tract, he shall, immediately after the termination of the salvage ope­ rations, notify the Maritime Arbitration Commission of same and state the amount which he requires as security.

The amount and form of the security for the Salvor's claim sfrall be determined by the President of the Maritime Arbitration Commis­sion.

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5. When submitting a dispute out of this Contract to the Maritime Arbitration Commission, each party must, within 30 days after termi­ nation of the salvage operations, communicate to the President of the Maritime Arbitration Commission the name of the arbitrator cho­ sen from among the members of the Maritime Arbitration Commission. If one of the parties fails to nominate an arbitrator within the above time limit, the President of the Maritime Arbitration Comission shall, at the request of the other party, appoint an arbitrator at his own discretion.

The parties may, by mutual consent, leave the choice of arbitra­tors to the Maritime Arbitration Commission. In this case, the Presi­dent of the Maritime Arbitration Commission may, at his own discre­tion, entrust the settlement of the dispute to a sole arbitrator, appo­inted from among the members of the Maritime Arbitration Comis­sion.

6. The arbitration procedure is governed by the Rules of Proce­ dure of the Maritime Arbitration Commission approved by the Pre­ sidium of the U.S.S.R. Chamber of Commerce and Industry.

7. Upon the Salvor's motion the Maritime Arbitration Commission may, before making the Award on the dispute as a whole, order that the Salvor be paid his expenses actually incurred in connection with the salvage out of the amount provided as security.

8. The Captain enters into this Contract as the representative of the ship-owners and the cargo-owners, and binds each (and not one for the other or the Captain personally) to the due performance the­ reof.

Enrico Galli V. I. Petrov

Master of the m/v "Malta" Master of the icebreaker "Toros"

13. Statement of completion of salvage operations

STATEMENT OF SALVAGE OPERATIONS TO THE DISTRESSED SHIP

1. The salved vessel: The m/v "Malta," sailing under the Italian Flag; Owners: The Italian Steamship Co., Ltd., Rome, Italy. CRT— 4500 tons.

2. The vessel performing salvage operations: The icebreaker "To- ros," the m/v "Moguchy" and the lighter "Dnieper" all sailing un­ der the Soviet flag and registered at the port of Odessa.

3. Position of the ship in distress: Dnieper-Bug Estuary, lat. 46°35'8" N, long. 31°38'04" E.

4. Time of the occurence of the accident as per Log-Book of the distressed ship: At 20.30 HRS local time on the 25th of April, 19 . . .

5. Time of Salvor's arrival: 26th of April, 19 . . ., at 08.00 HRS local time.

6. The nature of distress: stranding.

7. Time of declaration by the distressed ship of their willingness to be rendered assistance: 26th of April, 19 . . ., at 08,80 HRS local lime.

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8. State of the distressed ship at the beginning of the salvage ope­rations: Ship loaded with cargo of Wheat ran aground two metres deep, not damaged.

Displacement — 4800 tons, Breadth — 11.48 metres,

Moulded depth — 5 metres, Number of main engines —

Length — 79.36 metres, one,

Kind of fuel used — Fuel Oil.

10. Brief enumeration of the assistance rendered by the salvor ship:

1. Discharging part of the cargo, about 350 tons (weight fixed by draft), into the lighter;

2. Washing out a channel at the bow of the m/v "Malta" for a distance of some 65—70 metres;

3. Washing out the port side from WOO" to 22^f06^ff, and starboard side from 15' to 2040";

4. Towing, loosening, conducting to clear water;

5. Re-loading of Wheat from the lighter into the ship.

11. State of the rescued ship after the salvage operations have been completed: The ship is afloat, has no damage, no leakage.

12. Time of completion of salvage operations: 28th April, 19 . . ., 17.30 MRS local time.

This Statement was mutually agreed upon, approved and signed in the port of Odessa on the 29th of April, 19 . . ., by the undersigned parties:

V. I. Petrov Enrico Galli

Master of the icebreaker "Toros" Master of the m/v "Malta"

14. Letter to the Master of the m/v "Malta" enclosing Statement

of Salvage Operations

Odessa, 30th April, 19 ...

To the Master of the m/v "Malta,¹' Port of Odessa, U.S.S.R.

Dear Sir,

Enclosed please find two copies of the Statement of Sal­vage operations, one of which I would kindly ask you to sign and re­turn at you earliest convenience.

Yours faithfully, V. /. Petrov Master of the icebreaker "Toros"

Enclosures: 2 copies.