Common use of Basis of Agreement Clause in Contracts

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement. 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 flag of the Vessel are satisfied in respect of mannxxx xxxels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including repatriation; 76 (vi) training of the Crew and supervising their efficiency; 77 (vii) conducting union negotiations; 78 (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreed. 80

Appears in 2 contracts

Samples: Standard Ship Management Agreement (Global Ship Lease, Inc.), Ship Management Agreement (Global Ship Lease, Inc.)

AutoNDA by SimpleDocs

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The 45 T he Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 58 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including 76 repatriation; 76, board and lodging as and when required at rates and types of accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 labor agreements which may be entered into with the Crew and, if applicable, conducting union negotiations; 78; (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreedagreed in writing. 80 3.2 Technical Management 81 (only applicable if agreed according to Box 6) 82 The Managers shall provide technical management which 83 includes, but is not limited to, the following functions: 84 (i) provision of competent personnel to supervise the 85 maintenance and general efficiency of the Vessel; 86 (ii) arrangement and supervision of dry dockings, repairs, 87 alterations and the upkeep of the Vessel to the standards 88 required by the Owners provided that the Managers shall 89 be entitled to incur the necessary expenditure to ensure 90 that the Vessel will comply with the law of the flag of the 91 Vessel and of the places where she trades, and all 92 requirements and recommendations of the classification 93 (iii) arrangement of the supply of necessary stores, spares and 95 lubricating oil; 96 (iv) appointment of surveyors and technical consultants as the 97 Managers may consider from time to time to be necessary; 98 (v) development, implementation and maintenance of a Safety 99 Management System (SMS) in accordance with the ISM 100 Code (see sub-clauses 4.2 and 5.3) and of a security system in 101 accordance with the ISPS Code;

Appears in 2 contracts

Samples: Framework Agreement (Costamare Inc.), Framework Agreement (Costamare Inc.)

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Subject to Section 4.6 of the Partnership 45 Management Agreement, Tthe Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 58 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including 76 repatriation; 76, board and lodging as and when required at rates and types of accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 labor agreements which may be entered into with the Crew and, if applicable, conducting union negotiations; 78; (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreedagreed in writing. 80 3.2 Technical Management 81 (only applicable if agreed according to Box 6) 82 The Managers shall provide technical management which 83 includes, but is not limited to, the following functions: 84 (i) provision of competent personnel to supervise the 85 maintenance and general efficiency of the Vessel; 86 (ii) arrangement and supervision of dry dockings, repairs, 87 alterations and the upkeep of the Vessel to the standards 88 required by the Owners provided that the Managers shall 89 be entitled to incur the necessary expenditure to ensure 90 that the Vessel will comply with the law of the flag of the 91 Vessel and of the places where she trades, and all 92 requirements and recommendations of the classification 93 (iii) arrangement of the supply of necessary stores, spares and 95 lubricating oil; 96 (iv) appointment of surveyors and technical consultants as the 97 Managers may consider from time to time to be necessary; 98 (v) development, implementation and maintenance of a Safety 99 Management System (SMS) in accordance with the ISM 100 Code (see sub-clauses 4.2 and 5.3) and of a security system in 101 accordance with the ISPS Code;

Appears in 1 contract

Samples: Management Agreement (Costamare Partners LP)

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers Sub-managers shall carry 43 out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the OwnersOwnersHead Managers. The Managers Subject to Section 4.6 45 of the Group Management Agreement, Tthe ManagersSub-managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers ManagersSub-managers shall provide suitably qualified Crew 52 for the Vessel 52 as required by the Owners Head Managers in accordance with the 53 STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including repatriation; 76, 76 accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 if applicable, conducting union negotiations; 78; (viii) operating the Managers’Head Managers’ drug and alcohol 79 policy unless 79 otherwise agreedagreed in writing. 80

Appears in 1 contract

Samples: Standard Ship Management Agreement (Costamare Inc.)

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Subject to Section 4.6 of the Group 45 Management Agreement, Tthe Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 58 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including 76 repatriation; 76, board and lodging as and when required at rates and types of accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 labor agreements which may be entered into with the Crew and, if applicable, conducting union negotiations; 78; (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreedagreed in writing. 80 3.2 Technical Management 81 (only applicable if agreed according to Box 6) 82 The Managers shall provide technical management which 83 includes, but is not limited to, the following functions: 84 (i) provision of competent personnel to supervise the 85 maintenance and general efficiency of the Vessel; 86 (ii) arrangement and supervision of dry dockings, repairs, 87 alterations and the upkeep of the Vessel to the standards 88 required by the Owners provided that the Managers shall 89 be entitled to incur the necessary expenditure to ensure 90 that the Vessel will comply with the law of the flag of the 91 Vessel and of the places where she trades, and all 92 requirements and recommendations of the classification 93 (iii) arrangement of the supply of necessary stores, spares and 95 lubricating oil; 96 (iv) appointment of surveyors and technical consultants as the 97 Managers may consider from time to time to be necessary; 98 (v) development, implementation and maintenance of a Safety 99 Management System (SMS) in accordance with the ISM 100 Code (see sub-clauses 4.2 and 5.3) and of a security system in 101 accordance with the ISPS Code; (vi) handling any claims against the builder of the Vessel arising out of the relevant shipbuilding contract, if applicable; and (vii) on request by the Owners, providing the Owners with a copy of any inspection report, survey, valuation or any other similar report prepared by any shipbrokers, surveyors, the Class etc..

Appears in 1 contract

Samples: Management Agreement (Costamare Inc.)

AutoNDA by SimpleDocs

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Subject to Section 4.6 of the Group 45 Management Agreement, Tthe Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including repatriation; 76, 76 accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 if applicable, conducting union negotiations; 78; (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreedagreed in writing. 80 3.2 Technical Management 81 (only applicable if agreed according to Box 6) 82 The Managers shall provide technical management which 83 includes, but is not limited to, the following functions: 84 (i) provision of competent personnel to supervise the 85 maintenance and general efficiency of the Vessel; 86 (ii) arrangement and supervision of dry dockings, repairs, 87 alterations and the upkeep of the Vessel to the standards 88 required by the Owners provided that the Managers shall 89 be entitled to incur the necessary expenditure to ensure 90 that the Vessel will comply with the law of the flag of the 91 Xxxxxx and of the places where she trades, and all 92 requirements and recommendations of the classification 93 (iii) arrangement of the supply of necessary stores, spares and 95 lubricating oil; 96 (iv) appointment of surveyors and technical consultants as the 97 Managers may consider from time to time to be necessary; 98 (v) development, implementation and maintenance of a Safety 99 Management System (SMS) in accordance with the ISM 100 Code (see sub-clauses 4.2 and 5.3) and of a security system in 101 (vi) handling any claims against the builder of the Vessel arising out of the relevant shipbuilding contract, if applicable; and (vii) on request by the Owners, providing the Owners with a copy of any inspection report, survey, valuation or any other similar report prepared by any shipbrokers, surveyors, the Class etc..

Appears in 1 contract

Samples: Standard Ship Management Agreement (Costamare Inc.)

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 58 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in 66 possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the 72 Vessel; 72; (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including 76 repatriation; 76, board and lodging as and when required at rates and types of accommodations as customary in the industry; (vi) training of the Crew and supervising their efficiency; 77 (vii) keeping and maintaining full and complete records of any 78 labor agreements which may be entered into with the Crew and, if applicable, conducting union negotiations; 78; (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreedagreed in writing. 80 3.2 Technical Management 81 (only applicable if agreed according to Box 6) 82 The Managers shall provide technical management which 83 includes, but is not limited to, the following functions: 84 (i) provision of competent personnel to supervise the 85 maintenance and general efficiency of the Vessel; 86 (ii) arrangement and supervision of dry dockings, repairs, 87 alterations and the upkeep of the Vessel to the standards 88 required by the Owners provided that the Managers shall 89 be entitled to incur the necessary expenditure to ensure 90 that the Vessel will comply with the law of the flag of the 91 Vessel and of the places where she trades, and all 92 requirements and recommendations of the classification 93 (iii) arrangement of the supply of necessary stores, spares and 95 lubricating oil; 96 (iv) appointment of surveyors and technical consultants as the 97 Managers may consider from time to time to be necessary; 98 (v) development, implementation and maintenance of a Safety 99 Management System (SMS) in accordance with the ISM 100 Code (see sub-clauses 4.2 and 5.3) and of a security system in 101 accordance with the ISPS Code;

Appears in 1 contract

Samples: Framework Agreement (Costamare Inc.)

Basis of Agreement. 41 Subject to the terms and conditions herein provided, during the 42 period of this Agreement, the Managers shall carry out 43 Management Services in respect of the Vessel as agents for 44 and on behalf of the Owners. The Managers shall have authority 45 to take such actions as they may from time to time in their absolute 46 discretion consider to be necessary to enable them to perform 47 this Agreement in accordance with sound ship management 48 practice. The Managers shall exercise their best efforts to 49 implement the terms and conditions of this Agreement.49 3.1 Crew Management 50 (only applicable if agreed according to Box 5) 51 The Managers shall provide suitably qualified Crew for the Vessel 52 as required by the Owners in accordance with the STCW 95 53 requirements, provision of which includes but is not limited to 54 the following functions: 55 (i) selecting and engaging the Vessel’s Crew, including payroll 56 arrangements, pension administration, and insurances for 57 the Crew other than those mentioned in Clause 6; 58 (ii) ensuring that the applicable requirements of the law of the 59 flag of the Vessel are satisfied in respect of mannxxx xxxelsxxxxxxx levels, 60 rank, qualification and certification of the Crew and 61 employment regulations including Crew’s tax, social 62 insurance, discipline and other requirements; 63 (iii) ensuring that all members of the Crew have passed a medical 64 examination with a qualified doctor certifying that they are fit 65 for the duties for which they are engaged and are in possession 66 of valid medical certificates issued in accordance with 67 appropriate flag State requirements. In the absence of 68 applicable flag State requirements the medical certificate shall 69 be dated not more than three months prior to the respective 70 Crew members leaving their country of domicile and 71 maintained for the duration of their service on board the Vessel; 72 (iv) ensuring that the Crew shall have a command of the English 73 language of a sufficient standard to enable them to perform 74 their duties safely; 75 (v) arranging transportation of the Crew, including repatriation; 76 (vi) training of the Crew and supervising their efficiency; 77 (vii) conducting union negotiations; 78 (viii) operating the Managers’ drug and alcohol policy unless 79 otherwise agreed. 80

Appears in 1 contract

Samples: Standard Ship Management Agreement (KNOT Offshore Partners LP)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!