Extract to table

The Charter-Party incorporates the Inter-Club Agreement by reference in Clause 27, which provides that "cargo claims as between Owners and Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement

Northwind's failure to procure substitute tonnage at a commercially reasonable rate inflated its claimed substitute charter costs, and any damages awarded must be reduced accordingly

Northwind's failure to invoke those provisions to mitigate its exposure to Eastbourne constitutes a further failure to mitigate, and any damages claimed by Northwind that relate to its sub-charter obligations to Eastbourne must be reduced to the extent that Northwind could have avoided such damages by invoking the contractual protections available to it under its sub-charter