CLASS 5, THE PROTECTING AND INDEMNITY CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 5, THE PROTECTING AND INDEMNITY CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 28th JANUARY 2009, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of amending the Rules. The following amendments together with such further amendments, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2009. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9.3 INJURY AND DEATH - SEAMEN 9.3.1 Liability to pay damages or compensation for personal injury or death of any seaman of an entered Ship who is on board or proceeding to or from the Ship, and hospital, medical, funeral and other expenses necessarily incurred in relation to such injury or death, including expenses of repatriating the seaman and sending abroad and/or awaiting a substitute to replace him, 9.3.1.1 PROVIDED that where the liability arises or the costs or expenses are incurred under the terms of a crewing agreement, collective agreement or other contract of service or employment and would not have arisen but for those terms, such liability is only covered to the extent that those terms shall have been previously approved by the Association in writing. 9.3.1.2 PROVIDED that, subject to Rule 9.3.1.1, where the liability arises or the costs or expenses are incurred while a seaman is on leave, the seaman shall be deemed to have been serving at the material time on the Ship on which he last served prior to his injury or death. RULE 9.4 ILLNESS - SEAMEN 9.4.1 Liability to pay damages or compensation for illness or industrial disease of a seaman of an entered Ship who is on board or proceeding to or from that Ship, and hospital, medical, funeral and other expenses necessarily incurred in relation to such illness or industrial disease including expenses of repatriating the seaman and sending abroad and/or awaiting a substitute to replace him. 9.4.1.1 The PROVISOS in Rules 9.3.1.1 and 9.3.1.2 shall apply to recovery under Rule 9.4. 9.4.1.2 Notwithstanding the provisions of Rule 3.1, where an Assured has failed to discharge a legal liability to pay damages or compensation for personal injury, illness or death of a seaman under Rules 9.3 and 9.4, the Association shall discharge or pay such claim on the Assured’s behalf directly to such seaman or dependent thereof, - 2 PROVIDED ALWAYS that: 9.4.1.2.1 the seaman or dependent has no enforceable right of recovery against any other party and would otherwise be uncompensated, 9.4.1.2.2 the amount payable by the Association shall not be subject to set off of any amount due to the Association from the Assured and, subject to Rule 9.4.1.2.3 below, shall under no circumstances exceed the amount which the Assured would have been able to recover from the Association under the Rules and the Assured’s terms of entry, but without set-off of amounts due to the Association, 9.4.1.2.3 where the Association is under no liability to the Assured in respect of such claim in accordance with Rule 3.1.2 by reason of cancellation for non-payment of amounts due to the Association, the Association shall nevertheless discharge or pay that claim to the ext