Free Complaint - District Court of Delaware - Delaware

Case 1 :06-cv-00016-GIVIS Document 1-2 Filed O1/O9/2006 Page 1 0f 3
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MARINE CONSULTANTS, ENGINEERSZ SUFIVEYURS. NAVAL ARCHITECTS AND APPRAISEHS
..---- NEW JERSEY
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CERTIFICATE OF VALUATION
5;, lzeving been requested
by Mr. Robert Hopkins c;fOberKc1ler Grimes & Shriver, re
value 1*/we M'/V "CLAR Y" (Ex. "Lnke Hz:me’f), Gross T was
12,165, BuiI1‘1979, HI/I0 N0. 7623124, in sound condiiien
as effmzxmry, 2006, hereby certyjr Um! hm»ing availed
nz)/seb"QfI/ze bes! possible il'If0I'I}7[I(IOi"l 1`{3g£Z!'G’i}7g {his
vessel, I value her in the region of _
US. DOLLARS THREE MILLION .......... $3,000,000.00.
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Exhibii A


Case 1 :06-cv-00016-GIVIS Document 1-2
SVERIGES ANGFARYYGS ASSURANS HJRENING
The Swedish Clglh
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN THE MATTER OF THE COMPLAINT *
OF CLARY SHIPPING (Pte.) LTD., Ad Interim
AS OWNER(S) AND/OR OWNER(S) *
PRO HAC VICE OF THE MOTOR VESSEL Stipulation for Value
CLARY FOR EXONERATION FROM OR *
LIMITATION OF LLABILITY Civil Action Nc.:
*
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Re: Motor Vessel CLARY
At Wilmington
January 6, 2006
Whereas, Clary Shipping (Pte.) Ltd ("Clary Shipping"), as Owners and/or Owners
Pro Hoc Vice ofthe motor vessel CLARY (“CLARY"), are instituting a proceeding (the
"Action") in the United States District Court for the District of Delaware (this "Court")
for exoneration from or limitation of liability, if any, in respect of damage arising out of
an occurrence on the Christina River in Wilmington, Delaware on January 6, 2006, or for
any other matter arising during the Voyage on which the CLARY was then engaged, in
which proceeding Clary Shipping prays, among other things, that the Court upon request
of any claimant cause due appraisement to be made ofthe value of its interests in the
CLARY, and that a notice may issue to all persons asserting claims with respect to which
the complaint seeks limitation, admonishing them to tile their respective claims with the
Clerk of this Court and to serve on Clary Shipping’s attorneys a copy thereo£ and that the
Court enter an order restraining the beginning or prosecution of all other claims and
proceedings against Clary Shipping or CLARY, with respect to this matter in question;
and
Whereas, Clary Shipping wishes to prevent the further prosecution of any and all
proceedings already instituted against it and the commencement or prosecution hereafter
ot` any and all suits, actions or legal proceedings of any nature or description whatsoever
in any and all courts, and also wish to provide an ad interim stipulation for value and
security for claims, pending the ascertainment of the value ofthe interest of Clary
Shipping in the CLARY should a request for appraisernent be made by any claimant.
www·¤w¤ Q HEAD OFHCE SWEDEN GREECE HONG KONG JAPAN
S? Gullbergs Strandgata 6, RO. Bos 171 5-7 Agioo Nicolson Suite 6306, Central Plaza Suzuyo Hamarnatsncho Bldg, SE ZJ-16 Kaigan
5 SE-Q01 22 Geteoorg, Sweden GRJ85 37 Ptraeus. Greece 18 Harbour Road. Wanchsi, Hong Kong Minato·l Tel sae 32 638 400 Tel +30 210 452 2397 Tel +852 2598 6238 Te! +81 3 $@12 Sééé
§ Fax its Bl isa 7lT Fax +30 2ie ::52 5957 Fax +852 2845 9203 Fax +8% 3 5442 5922
S E-man swedish.eÂ¥nb@swedistwclub,com E-mail [email protected] Email mail,hengl Exhihit B


Case 1 :06-cv-00016-GIVIS Document 1-2 Fl|edr
The Swedish Club
Now, therefore, in consideration ofthe premises, The Swedish Club, hereby
undertakes the sum of Three Million United States Dollars ($3,000,000), with interest at
six percent per annum thereon from the date hereof; together with the additional sum of
One Thousand U.S. Dollars ($1,000) as security for costs, and iiirther undertakes that, if
so ordered by this Court, Clary Shipping will pay into the Registry of this Court, within
ten days after entry of an order confirming due appraisement of the amount or value of
Clary Shipping’s interest in the CLARY, the amount or value of such interest as thus
ascertained, or will cause to be filed in this proceeding a bond or stipulation for value in
such amount in the usual form of surety, and that pending payment into Court of such
amount or the giving of a stipulation for value thereof this Undertaking shall stand as
security for all claims in said limitation proceedings.
The Swedish Club hereby submits itself to the jurisdiction ofthe Court for the
sole purpose of providing this ad interim stipulation for value in the Action and agrees to
abide by all orders ofthe Court in the Action and to pay all amounts awarded by any final
judgment rendered by the Court (after appeal, if any) in the Action, up to the principal
amount ofthe Undertaking with interest as aforesaid, unless in the meantime the amount
ofthe value of Clary Shipping’s interest in the CLARY shall be paid into Court by Clary
Shipping or a stipulation for value thereof shall be given as aforesaid, in which event this
Ad Interim Stipulation for Value shall be void.
It is understood and agreed that the execution of this Ad Interim Stipulation for
Value by Frans Malmros shall not be construed as being binding upon him or her
personally, but is to be binding only upon The Swedish Club.
Very truly yours,
The Swedish Club
(Sveriges Angfartygs Assurans Forening)
Managing Director offllhe Swedish Ciub
Date: 9 January 2006
2 (2}