FD&D (CLASS 6) / PART IV / RULE 23

EXCLUSION OF NUCLEAR RISKS

Unless otherwise agreed in writing there shall be no recovery from the Association in respect of any liabilities, costs or expenses (irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the Member or the Member’s servants or agents) when the loss or damage, injury, illness or death or other accident in respect of which such liability arises or cost or expense is incurred, was directly or indirectly caused by or arises from:

23.1

ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

23.2

the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof

23.3

any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

23.4

the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter.

23.5 PROVIDED ALWAYS THAT:

23.5.1 this exclusion shall not apply to liabilities, costs or expenses arising out of the carriage of “excepted matter” (as defined in the Nuclear Installations Act 1965 of the United Kingdom or any regulation made thereunder) as cargo in an Entered Ship and agreed by the Managers in writing.