Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9. 9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement. 9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately. 9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company). 9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled: 9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or 9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees. 9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances. 9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect. 9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.3.
Appears in 4 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on We may restrict functionality of the Start Date Services or temporarily suspend your account if we reasonably believe that you have violated these Terms. Unless we believe the need to restrict or suspend access is time-sensitive and shall continue until requires immediate action without notice, or we are prohibited from providing notice under law or legal order, we will use commercially reasonable efforts to notify you by email prior to such suspension. We will not be liable to you or any third parties for any of the End Date unless it is ended earlier foregoing actions. We may terminate your account and use of the Services for any of the following reasons: (i) you fail to comply with these Terms, (ii) you do not pay your fees in accordance with this Condition 9.
9.1 We shall the payment terms under your Plan, (iii) at the expiration of the subscription period of your Plan if we provide prior written notice to you, (iv) you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (v) if we reasonably determine you are acting or have acted in a way that could present substantial reputational harm to TLT or our current or prospective partners or customers. In no event will any termination by us for the foregoing reasons entitle you to any refunds of any prepaid and unused fees or relieve you of your obligation to pay any fees payable to us prior to the date of termination, and any unpaid fees under your Plan will become immediately due and payable. Any suspected fraudulent, abusive, hateful, discriminatory or illegal activity may be grounds for immediate termination of your use of the Service and may be referred to law enforcement authorities. Post Termination. If your account is terminated, you must cease using the Services and TLT reserves the right (without prejudice to any other rights delete your account settings and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial Content with no liability or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 you. Once your account settings and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubtContent are deleted, you will not be entitled able to recover such account settings and Content, except any refunds in the event of termination Content that remains on Third Party Services pursuant to Condition 9.1 or 9.3the terms and conditions of such Third-Party Services.
Appears in 2 contracts
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, below in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to to, any of your assets or ceasing to carrying carry on business (if f you are a company).
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.3.
Appears in 2 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 In the event of the Berth holder being notified of a material breach due to commercial or residential use as referred to in 3.10 and 3.11 14 days will be the usual specified time period to remedy the breach prior to termination of the Agreement.
9.4 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 9.5 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 9.5.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 9.5.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 9.6 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition Conditions 9.1 to 9.4 whilst the vessel remains on the premises and charges are being incurred for the storage, disposal or 9.3.sale of the Vessel..
Appears in 2 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 In the event of the Berth holder being notified of a material breach due to commercial or residential use as referred to in 3.10 and 3.11, 14 days will be the usual specified time period to remedy the breach prior to termination of the Agreement.
9.4 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 9.5 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 9.5.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 9.5.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 9.6 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 9.7 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 9.8 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition Conditions 9.1 to 9.4 whilst the Vessel remains on the premises and charges are being incurred for the storage, disposal or 9.3sale of the vessel.
Appears in 2 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.3.
Appears in 2 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, below in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 In the event of the Berth holder being notified of a material breach due to commercial or residential use as referred to in 3.10 and 3.11, 14 days will be the usual specified time period to remedy the breach prior to termination of the Agreement.
9.4 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to to, any of your assets or ceasing to carrying carry on business (if f you are a company).
9.4 9.5 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 9.5.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 9.5.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 9.6 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 9.7 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 9.8 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition Conditions 9.1 to 9.4 whilst the Vessel remains on the premises and charges are being incurred for the storage, disposal or 9.3sale of the vessel.
Appears in 2 contracts
Sources: Berthing & Marina Services Agreement, Berthing & Marina Services Agreement
Termination by Us. The a. Without limiting our other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Services to you if:
i. You breach the letter or spirit of any terms and conditions of this Agreement shall start on or any other provisions of the Start Date and shall continue until Terms of Service,
ii. We suspect or become aware that you have provided false or misleading information to us, or
iii. We believe, in our sole discretion, that your actions may cause unnecessary legal liability for you, other Users, us, or any of our affiliates; may be contrary to the End Date unless it is ended earlier in accordance with this Condition 9interests of the Site or the User community; or may involve illicit or illegal activity.
9.1 We shall have b. If your Account is temporarily or permanently closed, you may not use the right (Site under the same Account or a different Account or reregister under a new Account without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely shortour prior written consent. If you fail attempt to affect use the remedy within the specified time, or if the breach is not capable of remedySite under a different Account, we may serve notice on you requiring reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to remove the Vessel from the Harbour or Premises immediatelyextent permitted by applicable law.
9.3 We shall also c. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have the right (without prejudice to any other rights and remedies) to terminate this Agreement entered into Service Contracts with immediate effectyou. You therefore agree as follows: IF FREELANCE FOR LAW DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company)FREELANCE FOR LAW HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO:
i. NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS,
ii. PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE.
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price Listiii. YOU AGREE THAT FREELANCE FOR LAW WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing feesFOR THE CLOSURE.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.3.
Appears in 1 contract
Sources: User Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 In the event of the Berth holder being notified of a material breach due to commercial or residential use as referred to in 3.10 and 3.11 14 days will be the usual specified time period to remedy the breach prior to termination of the Agreement.
9.4 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 9.5 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 9.5.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 9.5.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 9.6 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 9.7 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 9.8 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 to 9.4 whilst the Vessel remains on the premises and charges are being incurred for the storage, disposal or 9.3sale of the Vessel.
Appears in 1 contract
Sources: Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it 11.1 We may give you notice terminating this Finance Lease if:
(a) there is ended earlier a breach of any essential term specified in clause 9.1; or
(b) you commit an event of default in accordance with this Condition 9clause 10.1.
9.1 We shall 11.2 If we terminate this Finance Lease under clause 11.1(a) or (b), you must immediately:
(a) return the Goods to us in good working order and condition at a place specified by us;
(b) pay to us all other moneys payable under this Finance Lease;
(c) pay to us on demand the amount of any loss reasonably incurred by us in terminating the Finance Lease;
(d) pay us as liquidated damages the Termination Value; and
(e) pay to us the Early Termination Fee and any early break costs incurred by us to a third party in pre-paying any funding arrangements in connection with us purchasing the Goods and renting the Goods to you and early termination of this Finance Lease.
11.3 If you do not return the Goods as you are required to, we may enter any premises where we believe the Goods may be located and retake possession of the Goods. In such event you release us from and indemnify us against any liability or damage however arising or incurred in retaking or attempting to retake possession of the Goods.
11.4 After we has taken possession of the Goods we may sell the Goods.
11.5 If we have taken possession of the right Goods and sold them and the price we get for them is more than the money owed and paid by you to us then we will refund or credit to you the sale price of the Goods (without prejudice less all costs and expenses we properly incur in selling or storing it). If the Goods are not returned or cannot be sold the sale price will be taken to be nil.
11.6 Any termination of this Finance Lease or any payment by you does not affect any other rights we have under these terms and remedies) conditions or at law or in equity.
11.7 We will apply any moneys received by us under this clause in payment of the moneys owing to terminate this Agreement us by you in the order and manner set out we think fits in 9.2 belowour absolute discretion.
11.8 Any sale or disposal of the Goods by us is final and you are not to challenge our right to sell or dispose of the Goods, in nor the event right of any breach by you of this Agreementperson to acquire the Goods.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 In the event of termination under Condition 9 refunds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect.
9.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.3.
Appears in 1 contract
Sources: Finance Lease Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 Having regard to the nature and seriousness of the breach and the risk it poses for f or the financial f inancial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety saf ety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from f rom the Harbour or Premises immediately.
9.3 In the event of the Berth holder being notified of a material breach due to commercial or residential use as referred to in 3.10 and 3.11 14 days will be the usual specified time period to remedy the breach prior to termination of the Agreement.
9.4 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 9.5 If you fail f ail to remove the Vessel on termination of this Agreement whether under this Condition 9 or otherwise, we shall be entitled:
9.4.1 9.5.1 to charge you at our daily rate (as per the Price List) for overnight visitors for each day between termination of the Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 9.5.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from f rom the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing feesf ees.
9.5 9.6 We shall not be liable for delay or failure f ailure to perform this Agreement if we are unable to provide the usual berthing facilities f acilities and/or Marina Services because our business is frustrated or is no longer financially f inancially viable due to an Event Outside of our Control and either we or you shall be entitled to terminate the Agreement immediately by notice to the other in those circumstances.
9.6 9.7 In the event of termination under Condition 9 refunds ref unds shall be affected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effectef f ect.
9.7 9.8 For the avoidance of doubt, you will not be entitled to any refunds ref unds in the event of termination pursuant to Condition 9.1 to 9.4 whilst the Vessel remains on the premises and charges are being incurred for the storage, disposal or 9.3sale of the Vessel.
Appears in 1 contract
Sources: Berthing & Marina Services Agreement
Termination by Us. The Agreement shall start on the Start Date and shall continue until the End Date unless it is ended earlier in accordance with this Condition 9.
9.1 8.1 We shall have the right (without prejudice to any other rights and remedies) to terminate this Agreement in the following manner set out in 9.2 below, in the event of any breach by you of this Agreement.
9.2 8.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of us and/or of the other owners of vessels in the Marina, if the breach is capable of remedy, we may serve notice on you specifying the breach and requiring you to remedy the breach within a reasonable time specified by us. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property, the time specified for remedy may be immediate or extremely short. If you fail to affect effect the remedy within the specified time, or if the breach is not capable of remedy, we may serve notice on you requiring you to remove the Vessel from the Harbour or Premises immediately.
9.3 We shall also have the right (without prejudice to any other rights and remedies) to terminate this Agreement with immediate effect, in the event of you being subject to a bankruptcy order or petition (if you are an individual) or in the event of you taking any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors, being wound up, having a receiver appointed to any of your assets or ceasing to carrying on business (if you are a company).
9.4 8.3 If you fail to remove the Vessel on termination of this Agreement whether under this Condition 9 8 or otherwise, we shall be entitled:
9.4.1 8.3.1 to charge you at our daily 24 hour rate (as per the Price List) for overnight visitors for each day between termination of the this Agreement and the actual date of removal of the Vessel from the Harbour and Premises; and/or
9.4.2 8.3.2 at your risk (save in respect of loss or damage caused by our negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge you for all costs reasonably arising out of such removal including alternative berthing fees.
9.5 8.4 Any notice of termination under this Condition 8 shall be served personally on you or sent by registered post or recorded delivery service to your last known address and in the case of the Bertholder being a company, notice shall be served at its principal place of business or registered office.
8.5 We shall not be liable for delay or failure to perform this Agreement if we are unable to provide the usual berthing facilities and/or Marina Services because our business is frustrated or is no longer financially viable due to an Event Outside circumstances beyond our control including, without limitation, Act of our Control God, fire, explosion, failure of utility supply, act of terrorism, civil disturbance, flood, storm, natural disaster, accidental or malicious damage, key equipment or infrastructure failure, loss of access by sea or land, act of any governmental or quasi governmental body or environmental authority (including variation, refusal or revocation of any licences or consents) and either we or you shall be entitled to terminate the this Agreement immediately by notice to the other in those circumstances.
9.6 8.6 In the event of termination under Condition 9 8.5 refunds shall be affected effected in accordance with Condition 11.2 and we shall be entitled to re-let the Berth with immediate effect10.
9.7 8.7 For the avoidance of doubt, you will not be entitled to any refunds in the event of termination pursuant to Condition 9.1 or 9.38.2.
Appears in 1 contract