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, 25th JANUARY 2006, 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 2006. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 4 UNREASONABLE CONDUCT 4.1 The Committee may reject or reduce any recovery by an Assured where in its sole discretion it determines that the Assured has not at any time (whether before, at the time of, during or after any casualty, event or matter liable to give rise to a claim upon the Association) taken such steps to protect his interests as the Committee in its sole discretion would have expected an uninsured person acting reasonably in similar circumstances to have taken. 4.2 Without prejudice to the generality of Rule 4.1, an Assured must at all times (whether before, at the time of, during or after any casualty, event or matter liable to give rise to a claim upon the Association) take such steps to protect his interests in relation to Date Compliance as the Committee in its sole discretion would expect an uninsured person acting reasonably in similar circumstances to take. For the purpose of this Rule “Date Compliance” shall mean that, in relation to computers and other equipment or systems for processing, storing or retrieving data, hardware, software, firmware and microprocessors and any equipment which contains or relies upon microprocessors, neither performance nor functioning is adversely affected by dates prior to, during and after the year 2000 and in particular that: (a) no value for current date will cause any interruption in operation; (b) date-based functioning and performance shall behave consist-ently for dates prior to, during and after the year 2000; (c) in all interfaces and data storage, the century in any date shall be specified either explicitly or by unambiguous algorithms or inferencing rules; (d) the year 2000 shall be recognised as a leap year. In the event that an Assured commits any breach of this obligation, the Committee may in its sole discretion reject any claim by the Assured against the Association arising directly - 2 or indirectly out of such breach, or reduce the sum payable by the Association in respect thereof by such amount as it may determine. [Explanation: The proposed changes are an example of a need within a number of Rules to achieve consistency in the wording such that it always refers to the exercise of the Committee’s sole discretion. It is proposed that like changes are made to Rules 5.8, 9.29.2, 9.29.2.3, 20.1, 26.1, 33.3.1, 33.5.1, 33.5.2, 33.7.1, 33.7.3, 33.8.1 and 38.2.] RULE 9 RISKS COVERED 9.19 Cargo 9.19.2.5 except where the Association shall have previously agreed in writing, there shall be no recovery in respect of perishable cargo carried in insulated or refrigerating chambers or containers unless both : 9.19.2.5.1 in the event that the space, apparatus and the means used for the carriage and safe custody of perishabl