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, 30th JANUARY 2013, 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 2013. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 1 INTRODUCTORY 1.3 All insurance afforded by the Association within this Class is by way of indemnity and all contracts relating thereto shall be deemed to incorporate the provisions of these Rules, save insofar as those provisions are varied by any special terms which have been agreed pursuant to these Rules or amended pursuant to the powers of the Committee as set out in the Articles or these Rules, and save insofar All contracts entered into by the Association shall be deemed to incorporate the provisions of these Rules, save insofar as those provisions are varied by any special terms which have been agreed pursuant to these Rules or amended pursuant to the powers of the Committee as set out in the Articles or these Rules, and all insurance afforded by the Association is by way of indemnity save insofar as the liabilities, costs and expenses of or attributable to an Assured are discharged by the Association whether on behalf of the Assured or in consequence of the direct liability of the Association pursuant to a demand made or liability being established under any guarantee, certificate or undertaking given pursuant to the grant of authority by the Committee from time to time, or any convention, direct action law, statute or regulation; and all such contracts and these Rules shall, save as otherwise provided in Rule 43, be governed by English law and shall be subject to the provisions of the Marine Insurance Act 1906 and any statutory modifications thereof. [Explanation: The proposed amendment reorders the stated principles of the insurance afforded by the Association and the exceptions applicable to each, thereby removing an ambiguity.] 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. - 2 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, 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 se