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February, 1919 By Nh Rig 9 8 BA Baa eS iia ala patie xr, 52 THE MARINE REVIEW Managing Agreement This agreément.made this’ ...0.56. day of Ce er by and between the United States Shipping Board Emergency Fleet Corporation, party of the first part, hereinafter called The Corporation, and ~.....0... of CRAs eee: party of the second part, hereinafter called The Manager, Witnesseth: Whereas The Corporation is operating the vessel Ls eee and certain other vessels and desires to make a contract with The Manager for the husbanding and managing of said vessel and such other vessels as it has assigned and may assign to The Manager for such purpose; Now, Therefore, it is agreed as follows: First. The Corporation hereby appoints The Man- ager as its agent for the husbanding and managing Divthe wvessel ow ees and such other vessels as The Corporation has assigned and may from time to time assign to The Manager for such purpose. Second. The Corporation will provide and pay for all fuel, fresh water, stevedoring, port charges, pilot- ages, agencies, commissions, and consular charges, ex- cept those pertaining to the master, officers, and crew, and all other expenses which are usually borne by a time charterer of a vessel. Third. The Manager— (a) Shall act as The Manager and manage the vessel in such trade or service as The Corporation shall from time to time direct, being at all times subject to the orders of The Corporation or its agents as to voyages, cargoes, priorities of cargoes, charters, rates of freight, and other charges, and as to any and all matters arising out of or connected with the use of the vessels. (b) Shall, as manager for The Corporation, take proper delivery of the vessel from the Operation or Construction Division of The Corporation, or from the owner, builder, or anyone else having possession, as The Corporation may direct. (c) Shall exercise due diligence to man, equip, victual, and supply the vessel, providing and paying for all provisions, wages, bonuses, consular shipping and discharging fees of the master, officers and crew; all cabin, deck, engine room, and _ other necessary stores; and all other costs and expenses (except those expenses to be paid by The Manager out of his own funds covered by the compensation and fees hereafter provided for) properly incident .-to the management of the vessel, including the war risk insurance, if any, required by law on the ‘master, officers and crew. (d) Shall exercise due diligence to maintain the vessel in a thoroughly efficient state in hull and ma- chinery, in tackle, apparel, furniture, and equipment, procuring for and on behalf of The Corporation the necessary labor and material to effect ordinary running repairs and replacements. No extraordinary repairs or expenses shall be made or incurred and no alteration in hull, machinery or gear shall be made by The Manager, except in serious emergency, without first securing in writing the authorization of The Corporation or of an agency charged by The Corporation with the giving of such authoriza- tion. (e) Shall exercise due diligence to see that no harm*or damage of any kind comes to the vessel through loading of improper cargo, through im- proper stowage or through berthing of the vessel; that the work of The Manager is done in such a way and at such times as not to impede or retard, or to be impeded or retarded by, the work of The Corporation, the Operating Agent appointed by it, or the charterer from it; and in general to work in closest harmony with The Corporation, the Operat- ing Agent, or charterer to the end that the utmost efficiency, dispatch and economy may be secured in the management and operation of the vessel. _ (f) Shall, whenever no separate Operating Agent is acting, do 'the things such Operating Agent would do under the regular form of Operating Agreement of The Corporation then in use, and shall be bound by the terms and conditions of such Operating Agree- ment. (g) Shall hold all moneys collected on behalf of The Corporation, and shall deposit the same in na- tional banks, or banks which are members of the United States Federal Reserve Association, as a separate trust fund, to be designated “.............. (Name of Manager). Shipping Board Fund,” and shall not mingle the same with other moneys owned or held by The Manager; and shall make from such funds all dis- bursements hereinafter authorized to be paid by The Manager for account of The Corporation to~ others than The Manager. (h) Shall keep separate accounts in such manner. and form as may be prescribed by The Corporation of all moneys collected and disbursed, and accord to accountants and other representatives of The Corporation access to all books and papers, and render such assistance in the examination thereof as The Corporation may require. (i) Shall promptly after the dispatch of each vessel, or at such other time or times as may be directed, account to The Corporation for all moneys. collected on its behalf, and, with supporting vouch- ers, account for all disbursements reasonably and properly made on behalf of The Corporation, as in this agreement authorized. No items unsupported by vouchers will be allowed which in the aggregate exceed $10. : (j) Shall generally exercise due diligence to do or cause to be done all things which would be done. by the owner or the owner’s agent under the usual government form time charter, attending to all matters arising out of or in connection with the management of the vessels, necessarily incident to the proper care and prompt shipment and delivery of the cargoes, and to the protection and _ safe- guarding of the interest of The Corporation. Fourth. The Corporation in consideration of the services or things agreed to be performed hereunder by or through The Manager, shall pay The Manager compensation and allow compensation to others in accordance with the schedule which shall from time. to time be established by the United States Shipping Board. Until further notice, compensation shall be allowed and paid as follows: A.—Managing Compensation. For managing the vessels covered by this agree- ment, for rendering the customary services of a ship’s husband, and for performing all of the duties of The Manager prescribed by this agreement: I. For.each vessel up to and including the fifth at the rate of $500 per month and proportionately for each part of a month; II. For each vessel in excess of five at the rate of $350 per month and proportionately for each part of a month. The managing compensation shall be payable as to each vessel from the time of delivery to The Manager until the time of redelivery or loss. B.—Compensation Payable to Others than The Manager. I. In cases where it is necessary for The Manager to pay a commission to secure advances in a foreign or dependency port for proper disburse- ment of the vessel, the lowest customary com- mission prevailing under the particular circum- stances of the specific voyage and trade, may be paid, or, if The Manager, being without funds of ne nn nnn nee LEuEEEEaiee 4 5 wie ak Rib a ak Ohad es. STENT he ae aM ee Ee ATO Ten A ON TTT vices platy eis ah RNa Noe ac (ha am abies Cos 35 Ge SON