Common use of Use of Berth Clause in Contracts

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 liquidation sale on or from the Vessel while it is moored in the Berth; 7.1.17. keep the Vessel and the Berth free of animals, pets, pests, insects and vermin; 7.1.18. follow the reasonable directions of the Manager and ensure that the Owner’s Associates do the same; and 7.1.19. must keep the Vessel and the Berth free of all infectious diseases and infections. 7.2. The Owner acknowledges that GCCM makes no promise, representation or warranty: 7.2.1. that the Berth is or will be fit, suitable or adequate for the Permitted Use; or 7.2.2. regarding the sufficiency or efficiency of the Services. 7.3. Subject to this Agreement, the Owner and the Owner’s Associates may use the Common Areas and the Facilities Block for the purposes for which they are intended, but must not obstruct the Common Areas in any way.