Common use of Use of Berth Clause in Contracts

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.