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Pay or play clause

C1. Commercial shipping, chartering, economics and finance

Definition

COA clause requiring nomination of vessels or payment of deadfreight.

A COA clause requiring the charterer either to nominate cargo for the agreed shipments (play) or to pay deadfreight for the lift it fails to declare (pay). It protects the owner’s baseload of employment under a contract of affreightment when the charterer’s cargo program falls short. The clause fixes how the unperformed quantity is valued, usually at the freight rate less costs the owner saves by not performing.