It is further agreed that Charterer shall not require said vessel to be in operation for more than an average of quarter during the term of twenty the charter. (20) days per month computed each By way of explanation, it is the intention that the crew of the vessel shall not be required to operate said vessel more than twenty (20) days per month; however, it is understood that on some occasions, trips of a long time will be required and thus, the total number of days will be averaged out over each quarter. ARTICLE VIII DISABILITY OF VESSEL In the event that the vessel shall be disabled, damaged, or delayed by breakdown -of machinery, fire, grounding, collision, or other cause not attributable to the negligence of Charterer or its employees, then, in that event, the prorata daily charter rate computed on a monthly basis shall be immediately suspended until such time as the vessel again becomes available for Charterer's use. Further, in the event that the vessel is lost or damaged, or otherwise disabled, and the disability is such that the vessel cannot be repaired within forty-five (45) days following such disability, Charterer at its election may terminate the charter forthwith. ARTICLE IX MAINTENANCE Owner shall, at its own expense, maintain the vessel excluding special equipment placed aboard by Charterer during the term of the charter. With respect to Charterer's equipment, Owner agrees that its crew shall assist Charterer in the maintenance of such equipment and shall provide to Charterer the use of Owner's machinery and equipment for that purpose. ARTICLE X COSTS OF SURVEYS The necessary survey prior to commencement of the charter shall be paid for by Owner and the survey conducted upon the return of the vessel shall be paid by Charterer, not to exceed $500.00 per survey. ARTICLE, XI INSURANCE Owner shall procure hull and protection indemnity insurance. The amount of the hull insurance shall be designated by the Owner and the protection indemnity insurance shall have limits of $1,000,000.00. Owner shall, in addition to the above insurance, procure an umbrella policy for the Owner's and vessel's protection in the amount of $1,000,000.00U. Charterer shall be solely responsible for any damage to Charterer's equipment provided the same is not caused by reason of the negligence of Owner or Owner's agents or employees. as 5008b45 4