Casual visitor berthing Sample Clauses

Casual visitor berthing. The Licensor may operate a Visitors’ Berth Pool for visiting vessels on the following basis: (a) The Licensor will include the Berth in the Visitors’ Berth Pool during any Unoccupied Berth Period. The Licensee may not use the Berth during the Unoccupied Berth Period without the Licensor's prior written consent (save that the Licensor shall grant such consent where the Berth is not booked or otherwise occupied by a visiting vessel). The Licensee acknowledges that the Berth may not be available for use by the Licensee during the Unoccupied Berth Period first notified to the Manager, despite any subsequent change to the Unoccupied Berth Period notified by the Licensee. (b) The Licensor may, at its discretion, from time to time allocate berths forming part of the Visitors’ Berth Pool to visiting boats and charge such visitors a fee which is from time to time fixed by the Licensor. Any such fees received by the Licensor in respect of the Berth shall be separately accounted for by the Licensor, the total aggregate amount from time to time being the Visitors' Berthing Fees. (c) The Licensor may deduct from the Visitors' Berthing Fees on an annual basis the cost of repairing property damage caused by visitors using the Berth and any other costs incurred by the Licensor in relation to making the Berth available to visitors on a casual basis as part of the Visitors' Berth Pool. (d) Following the deduction of the costs referred to in clause 5.5(c), the balance (if any) of the Visitors' Berthing Fees for the Berth as at the end of each financial year of the Licensor shall be shared on a 60/40 basis between the Licensor (as to 60%) and the Licensee (as to the other 40%). The Licensee's share of the Visitors' Berthing Fees will be applied by the Licensor towards future instalments of the Annual Fee.
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