Berth Sample Clauses
Berth. The Proponents shall promptly give notice to the Port Authority of any change they reasonably anticipate from time to time in the specified date (which except with the agreement of the Port Authority may not be earlier in time than the specified date).
Berth. The term “Berth” or “Berths” means Terminal’s dock.
Berth. The term “Berth” or “Berths” means Terminal’s docks and mid-stream transfer facilities including the Terminal’s mooring buoys.
Berth. (i) The Party utilizing or chartering a Marine Vessel for use hereunder shall be solely responsible for determining the safety and suitability of all berths and any channel, fairway, or other waterway using in approaching or departing from the berth at which its Vessels call for loading and unloading of Product under the Agreement. Neither Party shall be liable to the other for any loss or damage to the Marine Vessel due to unsafe conditions at such locations, however and by whomever caused, unless caused by the gross negligence or willful misconduct of a Party. If special conditions due to weather, tide, or other forces of nature result in the water depth at such berth being less than the specified mean low water on occasions, it is further agreed that neither Party shall be responsible to the other for delays or other costs or expenses incurred by a Party or its Marine Vessel as a consequence of such delays. The Party utilizing such Marine Vessels shall be solely responsible for contacting the Loading Terminal or other discharge port, place, or terminal in advance of chartering and berthing to learn the water depth and other special conditions at the dock and its approaches where such Vessel is to berth.
(ii) The Vessel shall vacate berth as soon as loading hoses have been disconnected, provided that departure is not delayed awaiting production of Loading Terminal documents unless such documents can be delivered to the Vessel at a suitable anchorage or other waiting place provided by the Loading Terminal. Any loss or expense incurred by Seller resulting from Xxxxxx’s failure to vacate berth as required shall be for the account of Buyer. For purposes of this Section B-2(c), any technical failure or breakdown on the part of the Vessel shall be deemed within the Vessel’s and Buyer’s control.
(iii) Any excess berth utilization charge levied on the Vessel or on Seller due to its failure to vacate the berth as required following completion of loading or as otherwise directed by the Loading Terminal shall be for the account of Buyer.
(iv) Seller shall have the right to shift the Vessel from one berth to another in its sole discretion. All costs, including costs of delay, shall be for Seller’s account if for Seller’s purposes; otherwise such costs are for Buyer’s account.
Berth. 2.1 The Vessel must, at all times while moored within the Marina:
(a) sit within the dimensions of the Berth;
(b) not exceed the engineering rating of the Berth;
(c) not encroach on the boundary of any other berth in the Marina or overhang any walkway or pier;
(d) not be larger than as recommended under Australian Standard AS 3962-2001: Guidelines for design of marinas;
(e) be moored with mooring lines (provided by You) which are adequate for the size and weight of the Vessel and in good condition;
2.2 You must:
(a) arrange (at Your expense) for any additional or replacement mooring lines to be obtained and used if, in Our opinion, the mooring lines you have provided are inadequate or We consider additional lines are necessary;
(b) keep the Berth, and any other area of the Marina used by You from time to time, in a clean state and free from rubbish at all times;
(c) keep the sight line of any navigation leads, light or mark which crosses the Berth clear of obstruction (to Our satisfaction); and
(d) not leave any fuel containers on the Berth or anywhere else within the Marina.
2.3 Only approved power leads which are compliant with Australian Standard AS 3760:2010 In-service safety inspection and testing of electrical equipment, have been checked for correct polarity, have been tested and tagged by a licensed electrical contractor within a reasonable time prior to the Start Date and inspected by Us can be used to connect to the power supply which runs to the Berth.
2.4 We reserve the right to disconnect (without notice) power cords if We consider them to be potentially dangerous, damaged, across walkways and (in particular) if they are being used in non-compliance with rule 2.3.
Berth. Subject to compliance by the Seller’s nominated Vessel with all other requirements of the Discharge Terminal at the time in question, the Buyer shall provide or cause to be provided a Berth to be indicated by the Buyer or its representative at which the Vessel can when fully laden safely reach and leave and where it can lie and discharge always safely afloat.
Berth. Subject to compliance by the Buyer’s nominated Vessel with all other requirements of the Loading Terminal at the time in question, the Seller shall provide or cause to be provided a Berth to be indicated by the Seller or its representative that the Vessel can safely reach and leave and where it can lie and load always safely afloat.
Berth. 2.1 We may change the Berth at any time. If we do we will tell you. You must ensure that the Vessel is moved to the Berth we so specify on or by the date we specify.
2.2 We may also ask you to temporarily re- locate the Vessel to another place in the Marina or, subject to us being satisfied as to the safety and security of, and access to the Vessel, another place made available by us, on our behalf or our request.
Berth. Host does not guarantee that the necessary berth will be available on arrival of a Vessel. Host will not be responsible for any loss of time, demurrage or shifting expenses resulting therefrom.
Berth a) The Lessor lets to the Lessee who hires berth number: ……....… on the Lessor’s walk-on mooring facility.
b) The Lessor shall be entitled at any time, in the interest of the best utilisation and control of the walk-on facility to change the berth allocated to the Lessee to any other berth on the walk-on facility and the Lessee shall within 21 (TWENTY ONE) days of notice being given to him, in writing, move his craft to such alternative berth.
c) If the Lessee fails to move his craft at the expiration of the aforesaid notice period, the Lessor shall be entitled at the expense of and at the risk of the Lessee to move the Lessee’s craft either itself or through any agent appointed by it. All costs of such removal shall be repaid by the Lessee to the Lessor within 10 (TEN) days of the request being made therefor by the Lessor to the Lessee in writing.