Exhibit 10.43
1. Date of Agreement 10th March 2014 HULL S414 tbn ECOTANK | |||
2. | Owner (name, place of registered office and law of registry) (Cl. 1) MONTE CARLO SEVEN SHIPPING COMPANY LTD | 3. | Managers (name, place of registered office and law of registry) (Cl. 1) CENTRAL SHIPPING MONACO SAM |
Name The Trust Company Complex, Ajeltake Road , Ajeltake Island, Majuro, Marshall Islands | Name Palais de la Scala, 1 Avenue Henry Dunant, Monaco MC 98000 | ||
Place of registered office Marshall Islands | Place of registered office Monaco | ||
Law of registry | Law of registry | ||
4. Day and year of commencement of Agreement (Cl. 2) 10th March 2014 | |||
5. Crew Management (state “yes” or “no” as agreed) (Cl. 3.1) YES | 6. Technical Management (state “yes” or “no” as agreed) (Cl. 3.2) YES | ||
7. Commercial Management (state “yes” or “no” as agreed) (Cl. 3.3) YES | 8. Insurance Arrangements (state “yes” or “no” as agreed) (Cl. 3.4) YES | ||
9. Accounting Services (state “yes” or “no” as agreed) (Cl. 3.5) YES | 10. Sale or purchase of the Vessel (state “yes” or “no” as agreed) (Cl. 3.6) YES | ||
11. Provisions (state “yes” or “no” as agreed) (Cl. 3.7) YES | 12. Bunkering (state “yes” or “no” as agreed) (Cl. 3.8) YES | ||
13. Chartering Services (only to be filled in if “yes” stated in box 7) (Cl . 3.3(i)) FOR THE ENTIRE DURATION OF THIS AGREEMENT | 14. Managers’ Insurance (state alternative (i), (ii) or (iii) of Cl. 6.3) ( i ) | ||
15. Annual Management Fee (state annual amount) (Cl. 8.1) AS PER ANNEX “E” | 16. Severance Costs (state maximum amount) (Cl. 8.4(ii)) AT COST AS PER SEAMEN COLLECTIVE AGREEMENT | ||
17. Day and year of termination of Agreement (Cl. 17) Duration 5 years, automatically renewed. | 18. Law and Arbitration (state alternative 19.1, 19.2 or 19.3; if 19.3 place of arbitration must be stated) (Cl. 19) AS PER CLAUSE 19.1 | ||
19. Notices (state postal and cable addresses, telex and telefax number for serving notice and communication to the Owners) (Cl. 20) TOP SHIPS INC. 1, VAS.SOFIAS & MEG. ALEXANDROU STR., 15124, MAROUSSI, ATHENS, GREECE E-mail : vi@topships.org Fax : +30 210 6141 276 | 20. Notices (state postal and cable addresses, telex and telefax number for serving notice and communication to the Managers) (Cl. 20) CENTRAL SHIPPING MONACO SAM Palais de la Scala, 1 Avenue Henry Dunant, Monaco MC 98000 E-mail: ops@centralshippingmonaco.mc Fax : +377 97 97 96 27 |
It is mutually agreed between the party stated in Box 2 and the party stated in Box 3 that this Agreement consisting of PART I and PART II as well as Annexes “A” (Details of Vessel), “B” (Details of Crew), “C” (Budget), and “D” (Associated Vessels) attached hereto, shall be performed subject to the conditions contained herein. In the event of a conflict of conditions, the provisions of PART I and Annexes “A”, “B”, “C” and “D” shall prevail over those of PART II to the extent of such conflict but no further.. |
Signature(s) (Owners) MONTE CARLO SEVEN SHIPPING COMPANY LTD | Signature(s) (Managers) CENTRAL SHIPPING MONACO SAM |
This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the test of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document
ANNEX "A" (DETAILS OF VESSEL OR VESSELS) TO
THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)
STANDARD SHIP MANAGEMENT AGREEMENT - CODE NAME: "SHIPMAN 98'
Date of Agreement: | 10th March 2014 |
Name of Vessel(s): | Hull Number S414 tbn ECOTANK Particulars of Vessel: |
TYPE OF VESSEL | Oil and Chemicals Ship Type IMO 2 |
HULL TYPE | Double Hull |
IMO NUMBER | 9695834 |
FLAG | LIBERIA |
YEAR & PLACE BUILT | 2016 at Hyundai Vinashin Shipyard, Vietnam |
CLASS SOCIETY | ABS |
CALL SIGN | tba |
LOA, BREADTH, DEPTH | 183.06 M / 32,20 M / 19,10 M |
SDWT - DRAFT | 50,088 MT @ 13.30 M |
This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the test of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document
ANNEX "B" (DETAILS OF CREW) TO
THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)
STANDARD SHIP MANAGEMENT AGREEMENT - CODE NAME: "SHIPMAN 98'
Date of Agreement: | 10th March 2014 |
Details of Crew: |
Rank | Number | Nationality |
Master | 1 | Bulgarian / Filipino |
Chief Officer | 1 | Filipino |
Second Officer | 1 | Filipino |
Third Officer | 1 | Filipino |
Chief Engineer | 1 | Filipino |
Second Engineer | 1 | Filipino |
Third Engineer | 1 | Filipino |
Electrician | 1 | Filipino |
Pumpman | 1 | Filipino |
Bosun | 1 | Filipino |
Able Seaman | 3 | Filipino |
Ordinary Seaman | 2 | Filipino |
Deck Cadet | 1 | Filipino |
Oiler | 1 | Filipino |
Wiper | 1 | Filipino |
Engine Cadet | 1 | Filipino |
Cook | 1 | Filipino |
Mess Boy | 2 | Filipino |
CREW TOTAL | 22 |
This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the test of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document
ANNEX "C" (ANNUAL MANAGEMENT BUDGET)
TO THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)
STANDARD SHIP MANAGEMENT AGREEMENT - CODE NAME: "SHIPMAN 98'
Date of Agreement: | 10th March 2014 |
|
Managers Budget in USD effective from the first year of operations.
Proposed Budget for first year of operations | ||||
Accounts Code | Crew | Daily Amount | Annual Amount | Annual Summary |
CREW SALARIES & FIXED OVERTIME | 2.516,44 | $918.500 | ||
ADDITIONAL CREW OVERTIME | 0,00 | $0 | ||
OWNERS CREW BONUS | 41,10 | $15.000 | ||
CREW TRANSPORTATION EXPS | 232,88 | $85.000 | ||
CREW COMPULSORY INSURANCE | 6,85 | $2.500 | ||
CREW INSURANCE FOR P&I DEDUCTIBLE | 16,44 | $6.000 | ||
CREW PRE-JOINING TRAININGS | 27,40 | $10.000 | ||
CREW PRE-JOINING MEDICAL EXPS | 9,59 | $3.500 | ||
CREW VARIOUS EXPENSES | 219,18 | $80.000 | ||
MANNING AGENT MANAGEMENT FEE | 82,19 | $30.000 | ||
MANNING AGENT EXPENSES | 9,86 | $3.600 | ||
VICTUALING - PROVISIONS | 221,92 | $81.000 | $1.239.100 | |
WATER | 10,96 | $4.000 | ||
Crew Subtotal | 3.394,79 | $1.239.100 | ||
Accounts Code | Insurance | |||
64001 | HULL & MACHINERY | 273,97 | $100.000 | |
64002 | INSURANCE LOSS OF HIRE | 0,00 | ||
64003 | WAR RISKS ANNUAL PREMIUM | 8,22 | $3.000 | |
64004 | P&I | 135,62 | $49.500 | |
64005 | FD D | 27,40 | $10.000 | |
64006 | MARINE INTEREST | 0,00 | ||
64007 | PURCHASERS INTEREST INSURANCE | 0,00 | $162.500 | |
64008 | BACK CALLS-(INSURANCE) SUPPLEMENTARY | 0,00 | ||
Insurance Subtotal | 445,21 | $162.500 | ||
Accounts Code | Repairs and Maintenance | |||
67001 | AUX.MACHINERY REPAIRS/MAINTENANCE | 27,40 | $10.000 | |
67003 | BOILER REPAIRS/MAINTENANCE | 41,10 | $15.000 | |
67005 | CHEMICALS & GASES | 41,10 | $15.000 | |
67013 | DECK SPARE PARTS - REPAIR/MAINTENANCE | 27,40 | $10.000 | |
67006 | DIESEL GENERATORS - REPAIRS/MAINTENANCE | 41,10 | $15.000 | |
67017 | MAIN ENGINE REPAIRS/MAINTENANCE | 41,10 | $15.000 | |
67008 | PAINTS AT SEA | 27,40 | $10.000 | |
67010 | RADIO ROOM NAVIGATION MAINTENANCE | 13,70 | $5.000 | |
67011 | REPAIRS - MAINTENANCE | 41,10 | $15.000 | |
67012 | SLOPS & GARBAGE REMOVAL | 0,00 | $0 | |
67016 | SUPER.ENGIN/PORT CPTN OTHER FEES&EXPS | 54,79 | $20.000 | $135.000 |
67019 | VESSELS IT HARDWARE EQUIPMENT | 13,70 | $5.000 | |
Repairs and Maintenance Subtotal | 369,86 | $135.000 | ||
Accounts Code | Other Vessel Operating Expenses | |||
66010 | SAFETY ITEMS | 41,10 | $15.000 | |
68001 | CABIN STORES - ACCOMODATION | 13,70 | $5.000 | |
68015 | GALLEY-KITCHEN EQUIPMENT | 6,85 | $2.500 | |
68013 | WATER SUPPLY | 0,00 | $0 | |
66002 | ACCRUALS-OPERATING EXPS | 0,00 | $0 | |
66001 | APPROVAL-SUITABILITY INSPECTIONS | 82,19 | $30.000 | |
66004 | CHARTS/N.PUBLICATIONS | 27,40 | $10.000 | |
66023 | CLASS AND STATUT CERTIFICATES/INSPECTION | 27,40 | $10.000 | |
66005 | CLEARING/FORWARDING EXPS | 68,49 | $25.000 | |
66006 | DECK STORES | 41,10 | $15.000 | |
66007 | ELECTR.DEPT-STORES | 13,70 | $5.000 | |
66008 | ENGINE STORES | 27,40 | $10.000 | |
66022 | FLAG CERTIFICATES/INSPECTION | 4,11 | $1.500 | |
66026 | OTHER CONSULTANCY DOCUMENTATION SERVICES | 41,10 | $15.000 | |
66021 | PORT DUES RELATED TO PROTECTING AGENTS | 27,40 | $10.000 | |
66018 | PROTECTING AGENTS FEES/EXPENSES | 27,40 | $10.000 | |
66027 | QUALITY DPT CERTIFICATES/INSPECTION | 27,40 | $10.000 | |
66024 | SAFETY EQUIP MAR CERTIFICATES/INSPECTION | 27,40 | $10.000 | |
66025 | SAFETY EQUIP TEC CERTIFICATES/INSPECTION | 41,10 | $15.000 | |
66011 | STATIONERY EXPS | 13,70 | $5.000 | |
66019 | SUBSCRIPTIONS & MEMBERSHIPS | 6,85 | $2.500 | |
66020 | TECHNICAL CONSULTANCY DOCUMENTATION SERV | 27,40 | $10.000 | |
66012 | TELECOMMUNICATIONS | 41,10 | $15.000 | |
66013 | TONNAGE TAX | 20,55 | $7.500 | $241.500 |
66014 | VARIOUS EXPS | 6,85 | $2.500 | |
Other Vessel Operating Expenses Subtotal | 661,64 | $241.500 | ||
66009 | Lubricants | 493,15 | $180.000 | $180.000 |
Accounts Code | Spares | |||
67002 | AUX.MACHINERY SPARE PARTS | 27,40 | $10.000 | |
67004 | BOILER SPARES | 27,40 | $10.000 | |
67014 | DECK SPARE PARTS | 27,40 | $10.000 | |
67007 | DIESEL GENERATORS SPARE PARTS | 27,40 | $10.000 | |
67015 | MAIN ENGINE SPARE PARTS | 41,10 | $15.000 | $60.000 |
67009 | RADIO ROOM NAVIGATION-EQUIPMENT SPARES | 13,70 | $5.000 | |
Spares Subtotal | 164,38 | $60.000 | ||
Extraordinary Expenses | 0,00 | |||
Less corresponding claims | 0,00 | |||
TOTAL OPEX WITHOUT DD EXPENSES | $2.018.100 | |||
DAILY OPEX WITHOUT DD EXPENSES | $5.529 | |||
DD Adjustments (5y / 2.5y amortization) | 0,00 | $5.529 | ||
TOTAL OPEX WITH DD EXPENSE | 5.529,04 | $2.018.100 | ||
DAILY OPEX WITH DD EXPENSES | $5.529 |
This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the test of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document
ANNEX "D" (ASSOCIATED VESSELS) TO
THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)
STANDARD SHIP MANAGEMENT AGREEMENT - CODE NAME: "SHIPMAN 98'
NOTE: PARTIES SHOULD BE AWARE THAT BY COMPLETING THIS ANNEX "D" THEY WILL BE SUBJECT TO THE PROVISIONS OF SUB-CLAUSE 18.1(i) OF THIS AGREEMENT.
Date of Agreement: | 10th March 2014 |
Details of Associated Vessels: |
:
Hull S406 tbn ESHIPS TAWEELAH |
Hull S407 tbn ESHIPS BURAIMI |
Hull S414 tbn ECOTANK |
Hull S417 tbn ECOSHIP |
Hull S418 tbn ECOFLEET |
Hull S419 tbn ECO REVOLUTION |
ANNEX E (Management Fees)
Duration of Contract Services and Relevant Fees: | Five (5) years, automatically renewed. ● USD 550 per day per vessel for Technical and Crew Management, Insurance, Provisions and Bunkering. Applicable 3 months prior delivery from the yard. ● USD 300 per day per vessel for Commercial Management. Applicable from the date of delivery from the yard. ● Accounting Services at cost. |
Fee Annual Increase: | Based on total percentage increase in the U.S. Consumer Price Index over the previous year, but not less than 2% and not more than 5%. |
Commission on all hires / gross freight /demurrage: Sales and Purchase Commission: N/B Construction – Supervision Fee: | 1.25% 1% of the Sale or the Purchase Price 7% of actual cost. |
Managers’ Superintendent’s Fee beyond 10 days per annum: | USD 500 per day, plus actual expenses. |
Notice of Termination: Termination Fees: | 18 months Fees for 12 months. |
1. Manager shall be entitled to receive additional remuneration for any increase in administrative costs and expenses resulting from the introduction of a new, or a change in the interpretation of applicable laws and regulations, or concerning ship management services. 2. Owners to pay the deductible of any insurance claim relating to the vessels, or for any claim that is within such deductible range. 3. Owners to pay any tax, dues, or ransom in a case of piracy, or fines imposed on vessel or Manager, due to the operation of the vessel. 4. The above management fees are agreed on the basis of the number of the associated vessels as per ANNEX D of this agreement. |
This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the test of the original BIMCO approved document shall apply. BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document