MARITIME LIEN. In accordance with Division 3, Chapter 2 (§490 et. seq.) of the California Harbors and Navigation Code, outstanding charges for berthing Fees or other harbor services constitute a lien upon a vessel. Port may foreclose its maritime lien, including selling the vessel at a public auction in accordance with the provisions of the Rules and Regulations or as otherwise provided by Law.
MARITIME LIEN. Company may pursue all of its rights or remedies under state or federal law to attach the Vessel and sell the Vessel at auction to satisfy a maritime lien arising from the Vessel Owner’s failure to pay for the wharfage services provided to Vessel Owner under this Agreement. Vessel Owner agrees that in the event of a default under this Agreement the Company shall become entitled, without providing advance notice, to chain the Vessel to the Dry-Storage Facility improvements where she lies or move the Vessel to any other location in the water or on land and chain the Vessel at her new location, charging impound fees at the greater of $50 per day and the current market-rate for the storage or wharfage of the Vessel. Vessel Owner specifically agrees that if the Company elects to move or chain the Vessel as herein provided, Vessel Owner shall indemnify, defend and hold the Indemnified Parties (as defined in Section 17) harmless from and against all liability arising from or in any way connected with the chaining or moving of the Vessel. Vessel Owner shall in such event remain liable for the full amount of the Dry-Storage Fees as they become due, notwithstanding that the Vessel has been moved and/or chained.
MARITIME LIEN. The parties agree that the mooring or dockage provided for herein is a “necessary” within the meaning of the general maritime law of the U.S., that the MARINA, shall retain a maritime lien against the VESSEL, her appurtenances and contents, for all unpaid dockage fees, delinquency charges, for any damage caused to any dock, piling or any other property of the MARINA, or for any other amounts due to the MARINA. The MARINA also holds a possessory lien as of the date the vessel is brought to the marina or as of the date the vessel first occupies rental space at the marina facility; Additionally, PURSUANT TO FLORIDA STATUTE SECTION 328.17, IN THE EVENT OF NONPAYMENT OF STORAGE FOR A PERIOD OF SIXTY (60) DAYS AFTER NOTICE FOR PAYMENT, MARINA IS AUTHORIZED TO SELL OWNER’S VESSEL AT A NON-JUDICIAL SALE.
MARITIME LIEN. Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the dis- trict court of the United States for the district in which the vessel or cargo is found. (Pub. L. 99–662, title II, § 208, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 104–66, title I, § 1021(g), Dec. 21, 1995, 109 Stat. 713.) REFERENCES IN TEXT Subsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by Pub. L. 104–66 and subsec. (c) was redesignated as sub- sec. (b). Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was redesig- nated as subsec. (b) by Pub. L. 104–66.
MARITIME LIEN. In no event charterers shall procure, or permit to be procured the vessel, any supplies, necessaries or services without previously delivering to the master of the vessel a statement signed by an authorized representative of the furnisher thereof, acknowledging that such supplies, necessaries or services are being furnished on the credit of charterers and not on the credit of the vessel or her owners and that the furnisher claims no maritime lien on the vessel or any other vessel of the same ownership or management thereof, except if supplies or necessaries are for owners a/o vessel's account.
MARITIME LIEN. The parties agree that the storage undertaken herein and any service work requested and performed by the BOAT YARD are necessary and proper to the preservation of the Boat in a seaworthy condition. All work will be performed on a “Cash when Invoiced” basis and the OWNER agrees to pay all costs and expenses incurred by the BOAT YARD (i) in any action taken to enforce any obligations owed hereunder (ii) the payment of any sums due and payable by OWNER to the BOAT YARD for services rendered and materials and supplies purchased and (iii) for storage space and launching and such other services as may be provided. OWNER agrees that the BOAT YARD may haul the Boat without process of law, if it deems that it is the most economical and convenient means of hold the Boat until paid in full in cash or equivalent thereof. The OWNER agrees and stipulates that charges arising form service upon the Boat or storage shall in every instance give rise to a Maritime Lien against the Boat as well as a State Lien. Such liens shall extend to late charges and expenses incurred by the BOAT YARD in any actions to collect unpaid charges not paid when due. OWNER and the BOAT YARD agree to stipulate that the BOAT YARD shall have the right to regain possession of the Boat (with or without process of law) and to hold it again thereafter until paid in full. No release of possession of the Boat by the BOAT YARD shall be construed as creating a waiver or surrender of any rights or remedies hereunder by the BOAT YARD.
MARITIME LIEN. Where Goods are supplied to a Vessel, in addition to any other security, the agreement is entered into and the Goods are supplied upon the faith and credit of the Vessel. It is agreed and acknowledged that the sale of Goods to the Buyer and/or their acceptance on the Vessel create a maritime lien over the Vessel for the price of the Goods, such maritime lien afforded to the Seller over the Vessel. In any event any applicable law shall not prejudice the right of the maritime lien of the Seller afforded hereunder or by any other applicable Law, be it of the place of delivery, of the flag of the Vessel, of the place of jurisdiction, and/or of an arrest of the Vessel, or otherwise howsoever.
MARITIME LIEN. This Agreement is an admiralty and maritime agreement under the general maritime laws, statues, and codes of the United States of America. Boatyard provides storage and repair services to the Owner on the basis that the Boatyard relies on the financial credit of the vessel. Boatyard shall have a maritime lien against the described vessel, her appurtenances, and contents for sums due for work performed, slip/mooring/space rental, and for injury or damage caused or contributed to by the Owner or Owner’s agents or employees, including but not limited to damage to equipment, piers, docks, wharfs, personal injury or death, other vessels, pollution by oil or its derivatives, sewage or other hazardous material, loss by sinking, fire or other losses.
MARITIME LIEN. The owner agrees that XXX shall have a security interest in and a lien upon the boat and its contents for any and all fees or charges due PIM which are outstanding. The security interest may be enforced by sale of the vessel in accordance with the General Statutes of the State of Connecticut. XXX claims all rights and privileges afforded by the Federal Maritime Lien Act, 46, US Code Specs 971-975 for providing supplies or equipment to any foreign or domestic vessel. XXX shall have a maritime lien for the value of all supplies and equipment and services provided. The owner will be responsible for any collection fees, court costs, and attorney fees expended to secure PIM’s claims.
MARITIME LIEN. Where Bunkers are supplied to a Vessel, in addition to any other security, the contract of sale is entered into and supplied upon the faith and credit of the Vessel. It is agreed and acknowledged that a maritime lien over the Vessel is thereby created for the price of the Bunkers supplied and that the Seller in agreeing to deliver Bunkers to the Vessel does so relying upon the faith and credit of the Vessel. The Buyer, if not the owner of the Vessel, hereby expressly warrants that it has the authority of the owner to pledge the Vessel’s credit as aforesaid and that it has given clear notice of the provisions of this Clause to the owner. The Seller shall not be bound by any attempt by any person or entity to restrict, limit or prohibit its lien or liens attaching to the Vessel, either by xxxxxxxx the respective bunker delivery receipt, or otherwise.
