Common use of Determination of Term Clause in Contracts

Determination of Term. 9.1 At the end of the Licence Term or on earlier termination of the Agreement, the Licensee must: (a) deliver all keys to the Licensor; and (b) vacate the berth and leave it in a clean state and without any damage. 9.2 If the Licensee terminates this Agreement before the end of the agreed berthing licence period then:- (a) if the agreed berthing period is for three (3) months or less, the Licensee will not be entitled to any refund or credit the dollar value of on the balance berthing period; (b) if the agreed berthing licence period is for more than three (3) months the Licensee can elect between:- (i) a credit on the dollar value of the balance berthing period towards the Licensee’s next stay provided that the credit is used by the Licensee within twelve (12) months of the Licensee’s departure from the marina (otherwise the credit will be forfeited); or (ii) a refund of 50% of the balance amount paid, excluding the first three (3) month period for which there is no credit or refund. 9.3 If the Licensee does not vacate the berth on the Expiry Date and has not elected to renew the Licence Term, the Licensee will be deemed to be holding over on a monthly basis on the same terms and conditions except at the applicable monthly rate until a renewal or new licence is entered into by the Licensee. 1. Berths & vessels (a) The vessel must be kept in a sound, safe, secure, seaworthy, watertight condition free of pests, insects and vermin at all times. (b) Period of ▇▇▇▇▇▇▇▇ is from 12 noon to 11.00am (on day of departure) (c) Measurement of a vessel is length overall or LOA (see rule 6), being the measurement to its outer most extremities, including the anchor, bow, motor and tender. (d) Only vessels in a seaworthy condition and under their own power will be admitted to the Marina. All vessels must be registered as required by law and safe boating practice. (e) Upon a vessel or person entering the Marina they shall immediately be subject to the direction of marina staff and vessels shall be berthed only where ordered and manoeuvred as directed. (f) The vessel must be moored within the boundaries of the allocated berth dimensions at all times and the vessel must not exceed the engineering rating of the Marina Berth or be larger than that recommended under AS3962 "Guidelines for Marina Design. (g) Mooring lines must be provided by the berth occupier, adequate for the vessel’s size and weight and maintained in good condition. If in the opinion of the Marina Manager that these lines are inadequate or additional lines are necessary, the berth occupier will need to comply with that direction at their expense (h) No part of any vessel may overhang a walkway, including anchors, bows, davits, etc. Piers, jetties & walkways must be kept clear of gear, including dinghies & skiffs at all times. (i) Berth occupiers shall not permit their craft to become unsightly or dilapidated so as to reflect unfavourably on the Marina as a whole. Decks of all craft shall be kept free and clear of debris, bottles, papers, trash and other unsightly material at all times. (j) Laundry of any type or items of personal apparel shall not be hung out to dry or air in public view aboard any boat or any pier or jetty. (k) No chemicals, inflammable or volatile liquids or substances may be stored in the vessel other than those that are reasonably required for the operation of the vessel (and then only in such quantities as are reasonably required and in appropriate and approved containers). (l) All dinghies, tenders and rafts are to be stowed aboard the vessel when mooring. (m) No fishing trawlers are to be moored in the marina berth. (n) No items of personal property are to be left on the piers at any time. (o) All sewerage must be disposed of ashore by using any sewage pump out station provided at the marina.

Determination of Term. 9.1 At the end of the Licence Term or on earlier termination of the Agreement, the Licensee must: (a) deliver all keys to the Licensor; and (b) vacate the berth and leave it in a clean state and without any damage. 9.2 If the Licensee terminates this Agreement before the end of the agreed berthing licence period then:- (a) if the agreed berthing period is for three (3) months or less, the Licensee will not be entitled to any refund or credit the dollar value of on the balance berthing period; (b) if the agreed berthing licence period is for more than three (3) months the Licensee can elect between:- (i) a credit on the dollar value of the balance berthing period towards the Licensee’s next stay provided that the credit is used by the Licensee within twelve (12) months of the Licensee’s departure from the marina (otherwise the credit will be forfeited); or (ii) a refund of 50% of the balance amount paid, excluding the first three (3) month period for which there is no credit or refund. 9.3 If the Licensee does not vacate the berth on the Expiry Date and has not elected to renew the Licence Term, the Licensee will be deemed to be holding over on a monthly basis on the same terms and conditions except at the applicable monthly rate until a renewal or new licence is entered into by the Licensee. 1. Berths & vessels (a) The vessel must be kept in a sound, safe, secure, seaworthy, watertight condition free of pests, insects and vermin at all times. (b) Period of ▇▇▇▇▇▇▇▇ Berthing is from 12 noon to 11.00am (on day of departure) (c) Measurement of a vessel is length overall or LOA (see rule 6), being the measurement to its outer most extremities, including the anchor, bow, motor and tender. (d) Only vessels in a seaworthy condition and under their own power will be admitted to the Marina. All vessels must be registered as required by law and safe boating practice. (e) Upon a vessel or person entering the Marina they shall immediately be subject to the direction of marina staff and vessels shall be berthed only where ordered and manoeuvred as directed. (f) The vessel must be moored within the boundaries of the allocated berth dimensions at all times and the vessel must not exceed the engineering rating of the Marina Berth or be larger than that recommended under AS3962 "Guidelines for Marina Design. (g) Mooring lines must be provided by the berth occupier, adequate for the vessel’s size and weight and maintained in good condition. If in the opinion of the Marina Manager that these lines are inadequate or additional lines are necessary, the berth occupier will need to comply with that direction at their expense (h) No part of any vessel may overhang a walkway, including anchors, bows, davits, etc. Piers, jetties & walkways must be kept clear of gear, including dinghies & skiffs at all times. (i) Berth occupiers shall not permit their craft to become unsightly or dilapidated so as to reflect unfavourably on the Marina as a whole. Decks of all craft shall be kept free and clear of debris, bottles, papers, trash and other unsightly material at all times. (j) Laundry of any type or items of personal apparel shall not be hung out to dry or air in public view aboard any boat or any pier or jetty. (k) No chemicals, inflammable or volatile liquids or substances may be stored in the vessel other than those that are reasonably required for the operation of the vessel (and then only in such quantities as are reasonably required and in appropriate and approved containers). (l) All dinghies, tenders and rafts are to be stowed aboard the vessel when mooring. (m) No fishing trawlers are to be moored in the marina berth. (n) No items of personal property are to be left on the piers at any time. (o) All sewerage must be disposed of ashore by using any sewage pump out station provided at the marina.

Determination of Term. 9.1 At the end of the Licence Term or on earlier termination of the Agreement, the Licensee must: (a) deliver all keys to the Licensor; and (b) vacate the berth and leave it in a clean state and without any damage. 9.2 If the Licensee terminates this Agreement before the end of the agreed berthing licence period then:- (a) if the agreed berthing period is for three (3) months or less, the Licensee will not be entitled to any refund or credit the dollar value of on the balance berthing period; (b) if the agreed berthing licence period is for more than three (3) months the Licensee can elect between:- (i) a credit on the dollar value of the balance berthing period towards the Licensee’s next stay provided that the credit is used by the Licensee within twelve (12) months of the Licensee’s departure from the marina (otherwise the credit will be forfeited); or (ii) a refund of 50% of the balance amount paid, excluding the first three (3) month period for which there is no credit or refund. 9.3 If the Licensee does not vacate the berth on the Expiry Date and has not elected to renew the Licence Term, the Licensee will be deemed to be holding over on a monthly basis on the same terms and conditions except at the applicable monthly rate until a renewal or new licence is entered into by the Licensee. 1. Berths & vesselsVessels (a) The vessel Vessel must be kept in a sound, safe, secure, seaworthy, watertight condition free of pests, insects and vermin at all times. (b) Period of ▇▇▇▇▇▇▇▇ Berthing is from 12 noon to 11.00am (on day of departure) (c) Measurement of a your vessel is length overall or LOA (see rule 6), being the measurement to its outer most extremities, including the anchor, bow, motor and tender. (d) Only vessels in a seaworthy condition and under their own power will be admitted to the Marina. All vessels must be registered as required by law and safe boating practice. (e) Upon a vessel or person entering the Marina they it shall immediately be subject to the direction of marina staff and vessels shall be berthed only where ordered and manoeuvred as directed. (f) The vessel Vessel must be moored within the boundaries of the allocated berth dimensions at all times and the vessel Vessel must not exceed the engineering rating of the Marina Berth or be larger than that recommended under AS3962 "Guidelines for Marina Design. (g) Mooring lines must be provided by the berth occupier, adequate for the vessel’s size and weight and maintained in good condition. If in the opinion of the Marina Manager that these lines are inadequate or additional lines are necessary, the berth occupier will need to comply with that direction at their expense (h) No part of any vessel may overhang a walkway, including anchors, bows, davits, etc. Piers, jetties & walkways must be kept clear of gear, including dinghies & skiffs at all times. (i) Berth occupiers Customers shall not permit their craft to become unsightly or dilapidated so as to reflect unfavourably on the Marina as a whole. Decks of all craft shall be kept free and clear of debris, bottles, papers, trash and other unsightly material at all times. (j) Laundry of any type or items of personal apparel shall not be hung out to dry or air in public view aboard any boat or any pier or jetty. (k) No chemicals, inflammable or volatile liquids or substances may be stored in the vessel Vessel other than those that are reasonably required for the operation of the vessel Vessel (and then only in such quantities as are reasonably required and in appropriate and approved containers). (l) All dinghies, tenders and rafts are to be stowed aboard the vessel Vessel when mooring. (m) No fishing trawlers are to be moored in the marina berth. (n) No items of personal property are to be left on the piers at any time. (o) All sewerage must be disposed of ashore by using any sewage pump out station provided at the marina.