Common use of Use of Berth Clause in Contracts

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 purpose. Applicant shall cooperate with Port, other licensees and users of the Facility and approaches thereto, and will not unreasonably interfere with the operations of the Facility. Nothing in this Agreement shall obligate Port to provide a Port representative at the Facility, nor shall the presence or absence of such representative obligate Port, its commissioners, officers, employees or agents to take any action whatsoever. Applicant agrees that Port, its commissioners, officers, employees and agents shall not be responsible for regulating traffic at the Facility. Applicant shall, at its own cost and expense, provide all mooring lines, tackle, gear and labor for the mooring of vessels at the Facility, and shall provide, at its own cost and expense, such equipment and employ such persons as it may require for the handling of cargo, provisions, gear and machinery; provided, however, that nothing contained herein shall prevent Applicant from using such equipment as may be installed by Port at the Facility upon the payment of the charges fixed therefor.

Use of Berth. This Agreement grants Applicant and OwnerApplicant, and their its officers, directors, employees, and employees and its crew (collectively “Applicant”), and their its contractors, including without limitation persons providing stevedoring, chandlery, harbor services and other services (collectively, “Contractors”) the right to dock the vessel vessels owned, operated, operated or represented by Applicant at the assigned berth (the “Berth”) at the facility Facility for the duration specified in this Agreement for repair work associated with layberthing and/or loading and unloading of cargo, provisions, gear and machinery of such vessel over through and upon the Dry Dock Preparation Operation, as that term is defined in the License, for transportation and no other purposeFacility. This Agreement grants a revocable, personal, non- assignable, non-exclusive, and non- 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 '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 '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 PortFacility. There is no warranty of any kind as to the condition of the BerthBerths, fendering, water depth, ramps, mooring points, or any other part of the Facility and Applicant accepts each them in its “their "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's business, or any other matter whatsoever relating to the Facility, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Applicant shall cooperate with Port, other licensees and users of the Facility and approaches thereto, and will not unreasonably interfere with the operations of the Facility. Nothing in this Agreement shall obligate Port to provide a Port representative at the Facility, nor shall the such presence or absence of such representative obligate Port, its commissioners, officers, employees or agents to take any action whatsoever. Applicant agrees that Port, its commissioners, officers, employees and agents shall not be responsible for regulating traffic at the Facility. Applicant shall, at its own cost and expense, provide all mooring lines, tackle, gear and labor for the mooring of vessels at the Facility, and shall provide, at its own cost and expense, such equipment and employ such persons as it may require for the handling of cargo, provisions, gear and machinery; provided, however, that nothing contained herein shall prevent Applicant from using such equipment as may be installed by Port at the Facility upon the payment of the charges fixed therefor.