Existing Vessels Clause Samples

Existing Vessels. Existing four and five man vessels shall carry a minimum of two Unlicensed Personnel, consistent with the arrangement set out in 1. above. It is agreed that you will be notified and that discussion will take place should any C.M.C. member desire to increase the size of the crew of an existing five-man vessel. Section (b) of Article 1.01 (Recognition) provides in part that should a charteree fail or neglect to abide by the terms of our Collective Agreement, the Company will be liable to the Unlicensed members concerned for unpaid wages and other monetary benefits. It is agreed that a six (6) month limitation shall apply to any claims that might arise out of such third party arrangements. In other words, in the event that a C.M.C. company chartered a vessel to a third party who failed to meet his obligations under the Agreement terms, an Unlicensed member with a valid claim would be obliged to register his claim with us not later than six (6) months from the date the claim first arose. It is understood that a claim instituted beyond this point in time will not be recognized.
Existing Vessels. Existing four and five man vessels shall carry a minimum of two Unlicensed Personnel, consistent with the arrangement set out in 1. above. It is agreed that you will be notified and that discussion will take place should the company desire to increase the size of the crew of an existing five-man vessel Section (b) of Article 1.01 (Recognition) provides in part that should a charteree fail or neglect to abide by the terms of our Collective Agreement, the Company will be liable to the Unlicensed members concerned for unpaid wages and other monetary benefits. It is agreed that a six (6) month limitation shall apply to any claims that might arise out of such third party arrangements. In other words, in the event that the company chartered a vessel to a third party who failed to meet his obligations under the Agreement terms, an Unlicensed member with a valid claim would be obliged to register his claim with us not later than six (6) months from the date the claim first arose. It is understood that a claim instituted beyond this point in time will not be recognized.
Existing Vessels. Existing four and five man vessels shall a minimum of two Unlicensed Personnel, consistent with the arrangement set out in above. It is agreed that you will be notified and that discussion will take place should any member desire to increasethe size of the crew of an existing five-man vessel.
Existing Vessels. Existing four and vessels shall carry a minimum of two Unlicensed Personnel, consistent with the arrangement set out in above. It is agreed that you will be notified and that discussion will take place should the Company desire to increase size of the crew of an existing vessel. Section of Article (RECOGNITION) provides in part that should a fail or neglect to abide by the terms of our Collective Agreement, Company will be liable to the Unlicensed crew members concerned for unpaid wages and other monetary benefits. It is agreed that a six (6) month limitation shall apply to any claims that might arise out of such third party arrangements. other words, in event the Company chartered a vessel to a third party who failed to meet his obligations under Agreement terms, an Unlicensed crew member concerned with a valid claim would be obliged to register claim the not later than six from date the claim first arose. It is understood that a instituted beyond point in time will not be recognized. The Agreement has been structured for ease of reference into "Parts" and then further into Articles. The "Parts" are for reference purposes only and those provisions of a general nature apply to all employees. Company agrees that provisions of Agreement would also be applicable to any additional Company Vessels until changes in the terms and conditions (Necessitated by such additional vessels) can be negotiated. Collective Agreement ▇▇▇▇▇▇▇ Navigation October to September President Canadian Brotherhood of Railway Transport & General Workers, Local Letter of Understanding Victoria Drive Vancouver, Dear Sir: The new Collective Agreement between the Company and the excludes the Apprentice Engineer from premium pay for work outlined in Sections and as duties are necessary to his training to become an engineer. The prime function of the apprenticeship program is to allow the employee the maximum exposure to repairs, preventive maintenance and professional shipboard procedures. There may be times when the apprentice will work in areas that are very confined and very dirty. in the of Chief Engineer, conditions under such work is performed are extreme, premium pay claims may be submitted. ▇. ▇▇▇▇▇▇▇ President ▇▇▇▇▇▇▇ Navigation Collective Agreement ▇▇▇▇▇▇▇ Navigation October to September President Canadian Brotherhood of Railway, Transport General Workers, Local Victoria Vancouver, C Dear Sir: When unlicensed employees sail as bargemen the following criteria shall apply: bargemen sh...
Existing Vessels. The Borrower will: (a) with the exception of the charter to Celebrity Cruises Inc., cause the Existing Vessel to be chartered exclusively to or operated exclusively by the Borrower, the Guarantor or one of the Guarantor’s wholly owned Subsidiaries, provided that the Borrower may charter out the Existing Vessel on any time or consecutive voyage charger for a term which does not exceed three (3) months duration (it being understood that this provision is not intended to include chartered sales of cruise tickets); and (b) cause the Existing Vessel to be kept in such condition as will entitle her to classification by Lloyd’s Register as a “1-A1 Passenger Ship” or by any other classification society acceptable to Lender with a comparable classification acceptable to the Lender.
Existing Vessels. Existing four and five man vessels shall carry a minimum of two Unlicensed Personnel, consistent with the arrangement set out in 1 above. It is agreed that you will be notified and that discussion will take place should the company desire to increase the size of the crew of an existing five-man vessel. CMC Companies primarily engaged in log towing in River operations on a regular basis should benefit from the application of a progressive tide work day, that is: the starting times for particular single shift tugs in a specified geographic area may be varied to suit changing tidal conditions. Such variations shall be permitted between 24:00 hours and 06:00 hours notwithstanding the provisions of Article 3.01 (c) of the Collective Agreement. To secure the above arrangement, Letters of Understanding between individual member Companies and the Union shall be executed. Section (b) of Article 1.01 (Recognition) provides in part that should a charteree fail or neglect to abide by the terms of our Collective Agreement, the Company will be liable to the Unlicensed members concerned for unpaid wages and other monetary benefits. It is agreed that a six (6) month limitation shall apply to any claims that might arise out of such third party arrangements. In other words, in the event that the company chartered a vessel to a third party who failed to meet his obligations under the Agreement terms, an Unlicensed member with a valid claim would be obliged to register his claim with us not later than six (6) months from the date the claim first arose. It is understood that a claim instituted beyond this point in time will not be recognized.
Existing Vessels. Existing four and five man vessels shall carry a minimum of two Unlicensed Personnel, consistent with the arrangement set out in 1. above. It is agreed that you will be notified and that discussion will take place should the company desire to increase the size of the crew of an existing five-man vessel. Section (b) of Article 1.01 (Recognition) provides in part that should a charteree fail or neglect to abide by the terms of our Collective Agreement, the Company will be liable to the Unlicensed members concerned for unpaid wages and other monetary benefits. It is agreed that a six (6) month limitation shall apply to any claims that might arise out of such third party arrangements. In other words, in the event that the company chartered a vessel to a third party who failed to meet his obligations under the Agreement terms, an Unlicensed member with a valid claim would be obliged to register his claim with us not later than six (6) months from the date the claim first arose. It is understood that a claim instituted beyond this point in time will not be recognized. The Agreement has been structured for ease of reference into 'Parts' and then further into 'Articles'. The 'Parts' are for reference purposes only and those provisions of a general nature apply to all employees. For example, the Article 'Marine Disaster', found in Part II - Continuous Operating Vessels, applies equally to Shift Vessels. The Intent of the phrase "per year of total uninterrupted service" as contained in the new language of Article
Existing Vessels. In respect of each of the Existing Vessels: a) The Charterparty (if any); b) Evidence (by way of transcript of registry) that the Vessel is, or will be, registered in the name of the Borrower in the relevant Approved Ship Registry, that the Mortgage has been, or will in connection with the utilisation of the relevant Loan be, executed and recorded with its intended first priority against the Vessel and that no other encumbrances, maritime liens, mortgages or debts whatsoever are registered against the Vessel; c) An updated class certificate related to the Vessel from the relevant classification society, confirming that the Vessel is classed with the highest class in accordance with Clause 22.3 (Classification and repairs), free of extensions and overdue recommendations; d) Copies of insurance policies/cover notes documenting that insurance cover has been taken out in respect of the Vessel in accordance with Clause 22.2 (Insurance), and evidencing that the Agent's (on behalf of the Finance Parties and the Swap Banks) Security Interest in the insurance policies have been noted in accordance with the relevant notices as required under the Assignment Agreement; e) The Vessel's current SMC; f) A copy of the ISSC; and g) The Technical Manager's current DOC.

Related to Existing Vessels

  • Vessels (A) All of the vessels described in the Registration Statement, the General Disclosure Package and the Prospectus, except for the Contracted Vessels (each of which a Subsidiary has contracted to acquire), are owned directly by Subsidiaries); each of the vessels listed on Schedule F-1 (the “Owned Vessels”) hereto has been duly registered as a vessel under the laws and regulations and flag of the jurisdiction set forth opposite its name on Schedule F-1 in the sole ownership of the Subsidiary set forth opposite its name on Schedule F-1 and no other action is necessary to establish and perfect such entity’s title to and interest in such vessel as against any charterer or third party; each such Subsidiary has good title to the applicable Owned Vessel, free and clear of all mortgages, pledges, liens, security interests and claims and all defects of the title of record except for those liens arising under Credit Facilities, each as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, and such other encumbrances which would not, in the aggregate, result in a Material Adverse Effect; and each such Owned Vessel is in good standing with respect to the payment of past and current taxes, fees and other amounts payable under the laws of the jurisdiction where it is registered as would affect its registry with the ship registry of such jurisdiction except for failures to be in good standing which would not, in the aggregate, result in a Material Adverse Effect. Upon delivery to and acceptance by the relevant Subsidiary under the MoAs and the Newbuilding Contracts described in the Registration Statement, General Disclosure Package and Prospectus, each of the vessels listed on Schedule F-2 hereto and specified as being under contract (the “Contracted Vessels”) for delivery to and acceptance by a Subsidiary will be duly registered as a vessel under the laws of the jurisdiction set forth opposite its name on Schedule F-2, or under the laws of a generally accepted shipping industry flag jurisdiction, in the sole ownership of the Subsidiary set forth opposite its name on Schedule F-2, on such date, each such Subsidiary will have good title to the applicable Contracted Vessel, free and clear of all mortgages, pledges, liens, security interests, claims and all defects of the title of record, except for any mortgages, pledges, liens, security interests or claims arising from any financing arrangement which the Company or Subsidiary may enter to finance the acquisition of the Contracted Vessel and except such encumbrances which would not, in the aggregate, result in a Material Adverse Effect; and each such Contracted Vessel will be in good standing with respect to the payment of past and current taxes, fees and other amounts payable under the laws of the jurisdiction where it is registered as would affect its registry with the ship registry of such jurisdiction. (B) Each Owned Vessel is, and the Company will use reasonable commercial efforts to ensure that each Contracted Vessel will be, operated in compliance with the rules, codes of practice, conventions, protocols, guidelines or similar requirements or restrictions imposed, published or promulgated by any Governmental Authority, classification society or insurer applicable to the respective vessel (collectively, “Maritime Guidelines”) and all applicable international, national, state and local conventions, laws, regulations, orders, Governmental Licenses and other requirements (including, without limitation, all Environmental Laws), except where such failure to be in compliance would not have, individually or in the aggregate, a Material Adverse Effect. The Company and each applicable Subsidiary are, and with respect to the Contracted Vessels will be, qualified to own or lease, as the case may be, and operate such vessels under all applicable international, national, state and local conventions, laws, regulations, orders, Governmental Licenses and other requirements (including, without limitation, all Environmental Laws) and Maritime Guidelines, including the laws, regulations and orders of each such vessel’s flag state, except where such failure to be so qualified would not have, individually or in the aggregate, a Material Adverse Effect. (C) Each Owned Vessel is, and each Contracted Vessel will be, classed by any of Lloyd’s Register of Shipping, American Bureau of Shipping, Det Norske Veritas or a classification society which is a full member of the International Association of Classification Societies and each Owned Vessel is, and the Company will use reasonable commercial efforts to ensure each Contracted Vessel will be, in class with valid class and trading certificates, without any overdue recommendations.

  • Existing Contracts Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

  • Required Liability Insurance; Personal Property During the full term of the Housing Agreement, Resident agrees to obtain and maintain at Resident’s expense a policy of personal liability insurance (i.e., renter’s liability insurance) from a licensed insurance carrier in the United States, with coverage of at least $100,000 per occurrence at actual replacement cost, covering Owner’s losses of any kind arising from fire, smoke or water and caused by Resident’s negligence and/or by Resident’s animal. The liability insurance requirement and the existence or limits of any such insurance will not reduce or supersede Resident’s obligations under this Housing Agreement, except to the extent Owner charges and Resident pays for a waiver of this insurance requirement as provided below. Resident is not obligated to purchase insurance from any specific provider and may arrange its own personal liability insurance policy from any insurer of Resident’s choosing meeting the requirements of this paragraph, in which case Resident agrees to provide written proof of the required personal liability insurance coverage, including causing Owner and Manager to be listed as named interested parties on such insurance coverage, by mailing the proof of insurance to P.O. Box 18999, Atlanta, GA 31126-1399. Owner will provide instructions prior to move-in for submitting proof of insurance or purchasing a compliant insurance policy; Resident’s failure to comply with these insurance requirements will be a breach by Resident with Owner reserving its remedies but will not give Resident any right of termination. If Resident fails or chooses not to provide sufficient proof of compliant personal liability insurance to Owner by the Start Date, or if Resident’s insurance is cancelled during the term of this Housing Agreement, then Owner may, at its option, waive Resident’s obligation to provide such insurance and obtain its own coverage in Owner’s name for the same limited risks (up to $100,000 per occurrence from fire, smoke or water damage caused accidentally by Resident’s negligence and/or by Resident’s animal) at Owner’s expense; in such case, Resident agrees to pay as consideration for this waiver to $15.00 per installment as additional Rent during the remaining term of this Agreement, of which Owner would retain up to $5.00 per installment as an administrative fee and use the remaining portion to procure such insurance for itself. This waiver is not insurance, does not release Resident from liability for other damage or causes and does not cover Resident’s personal property. Owner strongly recommends that Resident maintain insurance covering Resident’s personal property or belongings, which Resident may elect to purchase. Neither Owner nor any of its employees, representatives or agents assumes any liability, directly or indirectly, for loss or damage to the personal property of Resident or others by fire, theft or any other cause. Any personal property remaining in the bedroom space and/or apartment at the end of the Term or after earlier termination of this Agreement will be considered abandoned by Resident and may be disposed of by Owner at the risk and expense of Resident, with Owner maintaining a landlord’s lien for unpaid rent as provided by law. Owner will not be liable or responsible for storage or disposition of the Resident’s personal property. If there are multiple individuals comprising Resident, then all references to and obligations of Resident in this paragraph 8 will apply to each such individual, separately.

  • Equipment and Property A. The Grantee must ensure equipment with a per-unit cost of $5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. B. When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E. System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval.

  • Existing Facilities Each of the Existing Facilities shall be repaid in full and terminated and all collateral security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance satisfactory to it evidencing such repayment, termination and release.