Common use of Change in Conditions Clause in Contracts

Change in Conditions. Should the U.S. Coast Guard or any other U.S., state or government agency, port authority, terminal or association (including any pilot or pilot association), or any designee of any of the foregoing, issue any regulation or requirement that obligates XXXXX to make capital improvements to the Tugs, to provide Tugs with higher horsepower or different operational capabilities or that obligates XXXXX to operate the Tugs in a different manner or with different crew complement that increases its operating costs, XXXXX shall have the right to propose amendments to the Schedule in order to reflect the new requirements and, as applicable, mitigate the costs thereof. If OWNERS or those acting on behalf of the Vessel object to any said amendments, the implementation thereof shall be stayed for a period of thirty (30) days and the parties shall negotiate in good faith to achieve a mutually satisfactory outcome. If the parties are unable to reach agreement within said thirty (30) days period, the amendments, as proposed by XXXXX, shall come into effect and the objecting party may terminate its obligations to XXXXX with respect to future Tug Services.

Appears in 16 contracts

Samples: Towage Agreement, Towage Agreement, Towage Agreement

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Change in Conditions. Should the U.S. Coast Guard or any other U.S., state or government agency, port authority, terminal or association (including any pilot or pilot association), or any designee of any of the foregoing, issue any regulation or requirement that obligates XXXXX to make capital improvements to the Tugs, to provide Tugs with higher horsepower or different operational capabilities or that obligates XXXXX to operate the Tugs in a different manner or with different crew complement that increases its operating costs, XXXXX shall have the right to propose amendments to the Schedule in order to reflect the new requirements and, as applicable, mitigate the costs thereof. If OWNERS or those acting on behalf of the Vessel object to any said amendments, the implementation thereof shall be stayed for a period of thirty (30) days and the parties shall negotiate in good faith to achieve a mutually satisfactory outcome. If the parties are unable to reach agreement within said thirty (30) days day period, the amendments, as proposed by XXXXX, shall come into effect and the objecting party OWNERS may terminate its obligations this contract on thirty (30) days advance written notice to XXXXX with respect to future Tug ServicesXXXXX.

Appears in 9 contracts

Samples: Towage Agreement, Exclusive Towage Agreement, Towage Agreement

Change in Conditions. Should the U.S. Coast Guard or any other U.S., state or government agency, port authority, terminal or association (including any pilot or pilot association), or any designee of any of the foregoing, issue any regulation or requirement that obligates XXXXX to make capital improvements to the Tugs, to provide Tugs with higher horsepower or different operational capabilities or that obligates XXXXX to operate the Tugs in a different manner or with different crew complement that increases its operating costs, XXXXX shall have the right to propose amendments to the Schedule in order to reflect the new requirements and, as applicable, mitigate the costs thereof. If OWNERS or those acting on behalf of the Vessel object to any said amendments, the implementation thereof shall be stayed for a period of thirty (30) days and the parties shall negotiate in good faith to achieve a mutually satisfactory outcome. If the parties are unable to reach agreement within said thirty (30) days period, the amendments, as proposed by XXXXX, shall come into effect and the objecting party OWNERS may terminate its obligations this contract on thirty (3) days advance written notice to XXXXX with respect to future Tug ServicesXXXXX.

Appears in 2 contracts

Samples: Towage Agreement, Towage Agreement

Change in Conditions. Should the U.S. Coast Guard or any other U.S., state or government agency, port authority, terminal or association (including any pilot or pilot association), or any designee of any of the foregoing, issue any regulation or requirement that obligates XXXXX to make capital improvements to the Tugs, to provide Tugs with higher horsepower or different operational capabilities or that obligates XXXXX to operate the Tugs in a different manner or with different crew complement that increases its operating costs, XXXXX shall have the right to propose amendments to the Rates, Terms and Conditions set forth in the Schedule in order to reflect the new requirements and, as applicable, mitigate the costs thereof. If OWNERS or those acting on behalf of the Vessel object to any said amendments, the implementation thereof shall be stayed for a period of thirty (30) days and the parties shall negotiate in good faith to achieve a mutually satisfactory outcome. If the parties are unable to reach agreement within said thirty (30) days period, the amendments, as proposed by XXXXX, shall come into effect and the objecting party may terminate its obligations to XXXXX with respect to future Tug Services.

Appears in 2 contracts

Samples: Towage Agreement, www.morantug.com

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Change in Conditions. Should the U.S. Coast Guard or any other U.S., state or government agency, port authority, terminal or association (including any pilot or pilot association), or any designee of any of the foregoing, issue any regulation or requirement that obligates XXXXX to make capital improvements to the Tugs, to provide Tugs with higher horsepower or different operational capabilities or that obligates XXXXX to operate the Tugs in a different manner or with different crew complement that increases its operating costs, XXXXX shall have the right to propose amendments to the Schedule in order to reflect the new requirements and, as applicable, mitigate the costs thereof. If OWNERS or those acting on behalf of the Vessel object to any said amendments, the implementation thereof shall be stayed for a period of thirty (30) days and the parties shall negotiate in good faith to achieve a mutually satisfactory outcome. If the parties are unable to reach agreement within said thirty (30) days day period, the amendments, as proposed by XXXXX, shall come into effect and the objecting party OWNERS may terminate its obligations this contract on thirty (30) daysadvance written notice to XXXXX with respect to future Tug ServicesXXXXX.

Appears in 1 contract

Samples: Towage Agreement

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