Use of Berth Sample Clauses
The 'Use of Berth' clause defines the rights and obligations of a vessel regarding the use of a specific berth at a port. It typically outlines when and how the vessel may occupy the berth, any restrictions on its use, and the responsibilities for maintaining safety and order while docked. For example, it may specify that the vessel must vacate the berth promptly after loading or unloading, or that certain activities are prohibited while at berth. This clause ensures efficient port operations and minimizes disputes by clearly allocating responsibilities and setting expectations for berth usage.
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Use of Berth.
23.1 Where the Permitted Use includes the use of a Berth to allow the use of or cause a vessel to be berthed and to load out structures, materials and plant and equipment then the following provisions apply.
23.2 All provisions to this Agreement apply to the mooring of any vessel at the Berth or the use of the Berth on the basis that the Berth is part of the Common User Facility.
23.3 The User will cause any vessel to dock at the Berth and be moored at the Berth only for the Permitted Use and for such berthing to be effected in accordance with:
(a) Good Industry Practice;
(b) all requirements and directions of the Manager;
(c) in accordance with all applicable Laws;
(d) the requirements of any Local or Public Authority.
23.4 The User is solely responsible for the operations of any vessel moored at the Berth and the provisions of this Agreement will extend to and apply to all operations of the vessel as if the vessel was situated on the Common User Facility and owned by the User.
23.5 The User is not entitled to use the Berth for the mooring of any vessel at the Berth unless the User has first given not less than 10 Business Days notice in writing to the Manager in such form as may be required by the Manager for such notification and the Manager has approved the use of the Berth. If required by DevelopmentWA or the Manager, it may impose any reasonable conditions relating to the use of the Berth.
23.6 The User is solely liable for all arrangements in respect of the berthing of the vessel by itself or through any agent or contractor of the User.
23.7 Where this User Agreement includes use of the Jetty, the following provisions will apply:
(a) the User must comply with the Jetty Licence entered into between the State and DevelopmentWA, a copy of which will be made available to the User upon request to the Manager, and
(b) the User must comply with any Facility Rules relating to the Jetty.
Use of Berth. Customer shall have non-exclusive use of the Berth from and after the Effective Date throughout the Term. Owner shall use due diligence to make the Berth safe and capable of accommodating Vessels with mean draft, maximum length overall and maximum beam consistent with the Berth’s dimensions and depths; provided, however, that in the event of severe weather conditions, Owner’s obligation to make the Berth available to Customer shall be limited in accordance with Good Industry Practice and applicable Laws.
Use of Berth. 7.1. The Owner must:
7.1.1. ensure that the Vessel is moored within the boundaries of the Berth and does not encroach beyond the Berth boundaries;
7.1.2. ensure that the Vessel is kept in a sound, safe, secure, sea worthy and watertight condition and that all mooring lines are in good condition;
7.1.3. ensure that all appropriate gates, entrances and exits within the Complex are properly closed after each use;
7.1.4. not carry out any repairs, sandblasting, painting, hull cleaning, fitting out or refitting of the Vessel within the Berth without first seeking the prior written consent of GCCM. GCCM may in its absolute discretion, by prior written notice permit the Owner to carry out minor internal repairs, painting and other minor works, mechanical adjustments and electrical work on the Vessel;
7.1.5. engage any tradesman to work on the Vessel without the prior written consent of the Manager or GCCM,;
7.1.6. not obstruct in any way the embarkation or disembarkation of other occupants of the Complex;
7.1.7. not permit any fishing trawler to be moored in the Berth or display any “for sale” or other sign on the Berth or the Vessel;
7.1.8. not fuel the Vessel from the Berth or any other place within the Marina, other than the marine fuelling facility designated by GCCM from time to time;
7.1.9. ensure that the Vessel is not used as a permanent place for human habitation;
7.1.10. take all necessary precautions against the outbreak of fire in or upon the Vessel while it is moored in the Berth;
7.1.11. keep the sight line of any navigation leads, light or mark which crosses the Berth clear of obstructions to the satisfaction of GCCM and any relevant Authority;
7.1.12. at its Cost observe, perform and fulfil all requirements of any Law and any Environmental Protection Law affecting the Vessel or the Berth and ensure that all licences and registrations for the Vessel are maintained;
7.1.13. at its Cost, keep the waters in the Berth clean and not (while the Vessel is moored in the Berth or otherwise in the Marina) use any toilet on the Vessel unless the toilet is connected to an approved holding tank in the Vessel;
7.1.14. at its own Cost dispose of any sewage ashore via any sewerage pump out station provided by GCCM;
7.1.15. not do anything on the Complex, the Berth or the Vessel which is immoral, unlawful, noxious, offensive, hazardous, or likely to cause nuisance or injury to GCCM or to any other person;
7.1.16. not conduct any auction, fire, bankruptcy or liquida...
Use of Berth. This Agreement grants Applicant and Owner, and their officers, directors, employees, and crew (collectively “Applicant”), and their contractors, including without limitation persons providing stevedoring, chandlery, harbor services and other services (collectively, “Contractors”) the right to dock the vessel owned, operated, or represented by Applicant at the assigned berth (the “Berth”) at the facility for the duration specified in this Agreement for repair work associated with the Dry Dock Preparation Operation, as that term is defined in the License, for transportation and no other purpose. This Agreement grants a revocable, personal, non- assignable, non-exclusive, and non- possessory privilege to conduct the permitted use only on a temporary basis. Port, in its sole discretion, without liability to Applicant, shall have the right to permanently or temporarily close, revise or modify the Berth upon reasonable notice to Applicant and Applicant shall comply with any such revisions or modifications. Without limiting any of Port’s rights hereunder, Applicant agrees that Port may, in its sole and absolute discretion, revoke or terminate this Agreement without cause and without liability or obligation to pay any consideration to Applicant or its Contractors. Applicant acknowledges that it has inspected the Berth and the Facility and is satisfied that such facilities are adequate for the safe and secure dockage of Applicant’s vessel and use. Applicant shall immediately notify the Port’s Wharfinger of any observed dangerous condition requiring attention by the Port. Neither Applicant nor its Contractors shall alter docks, pilings or any improvements or facilities of the Berth or Facility without notice to and the prior written approval of Port. There is no warranty of any kind as to the condition of the Berth, fendering, water depth, ramps, mooring points, or any other part of the Facility and Applicant accepts each in its “As Is” condition. Applicant further acknowledges and agrees that neither Port nor any of its agents have made, and Port hereby disclaims, any representations or warranties, express or implied, concerning the physical or environmental condition of the Facility (including, but not limited to the substructure), the present or future suitability of the Facility for Applicant’s activities, or any other matter whatsoever relating to the Facility, including, without limitation, any implied warranties of merchantability or fitness for a particular ...
Use of Berth. This Rental Agreement is limited to the vessel named in your Booking Reservation (Vessel) and no other vessel is allowed in the Allocated Berthage during the Term except by prior arrangement with us. You will only use the Allocated Berthage for recreational boating purposes and not for any commercial activity, and you will not adjust, tamper with, or remove any mooring lines, fenders or any other equipment associated with your Allocated Berthage.
Use of Berth. The Customer shall only use the Berth for pleasure boating purposes and not for any commercial or other use or purpose unless Panuku at its sole discretion has approved such a use in writing.
Use of Berth. 3.1 The Licensee shall use the Berth for:
3.1.1 the purpose of berthing the Named Boat; and
3.1.2 any other purpose authorised by this Licence, but for no other purpose.
3.2 The Licensee covenants that the Named Boat is individually and beneficially owned by the Licensee. The Licensee may at any time or times, by notice in writing to the Licensor, nominate a different boat, providing that the boat so nominated complies with clause 3.3.
3.3 The Licensee shall not, without the prior approval of the Manager, at any time:
3.3.1 allow any part of the Named Boat moored in the Berth to extend beyond the dimensions of the Berth; or
3.3.2 permit any part of the Named Boat to extend onto or over any walkway forming part of the Marina.
3.4 The length of the Berth is measured from the face of the walkway serving the Berth to end of the centre pole.
3.5 The Licensee shall use the Berth only for berthing the Named Boat whilst it is used for recreational boating purposes and not for any commercial or other use or purpose unless the Manager, in its sole discretion, has given prior written consent to such use.
3.6 The Licensee may advise the Manager of any proposed periods during which the Berth will not be used by the Licensee. During such periods the Manager shall have the right to let the Berth. Any rental for the Berth shall be payable to the Licensee, after deduction of an administration fee set from time to time by the Licensor.
Use of Berth