Common use of CLOSEST AVAILABLE ANCHORAGE Clause in Contracts

CLOSEST AVAILABLE ANCHORAGE. Ocean Vessels filing a Berth Application to utilize the Terminal facilities normally will be required to anchor at Davant Anchorage (Mile 53.5-54.5 LDB), or the closest available anchorage to Davant, Louisiana. Vessel Party acknowledges that any Vessel arriving at the Terminal with cargo on its deck may constitute a hazardous and unsafe condition. Vessel Party agrees that if notified of such condition, it shall be the sole responsibility of Vessel Party to clean and remove any such product which renders the deck of any such Vessel hazardous to the safety of any person. Should Vessel Party fail to promptly clean and remove product from the deck of any such Vessel, the Terminal reserves the right, but not the obligation, to clean and remove the product from the Vessel’s deck, which service will be solely for the account of the Vessel Party. Vessel Party shall coordinate and be solely responsible for all required inspections for cleanliness and compliance with all local, state and federal laws and regulations relative to the fitness of the Vessel. Whenever a Notice of Readiness has been issued, the Ocean Vessel shall be prepared to come to Berth and commence Loading or Unloading operations, as the case may be, upon three (3) hours notice. Upon assignment to a Berth, the Ocean Vessel shall remain prepared and be properly crewed to promptly carry out Cargo transfer operations within or between Terminal’s Berths, and undock and vacate the Berth on order of the Terminal twenty (24) hours a day, seven (7) days a week with any crew overtime being at the sole cost and expense of the Ocean Vessel. For purposes of these Terminal Rules and Regulations, “promptly” shall mean within thirty (30) minutes of notice being tendered by the Terminal. In the event that the Ocean Vessel fails to comply with these requirements and another Ocean Vessel, although filed later, Terminal management may, in its sole discretion, and without liability to anyone, bypass the subject Ocean Vessel. If the Ocean Vessel is ordered to Berth and a delay in delivery of the Ocean Vessel to Berth occurs in excess of three (3) hours from the time that the Ocean Vessel was ordered to Berth due to circumstances or conditions within the control or due to the fault of the Ocean Vessel, its owner(s), operator(s), charterer(s), agent(s) or employee(s), the Ocean Vessel, its owner(s), operator(s), the Ocean Vessel, its owner(s), operator(s), charterer(s) and agent(s) shall be responsible, jointly and severally, for a dead Berth charge of $5,000 for each hour or fraction thereof until the Ocean Vessel is moored in Berth, regardless of intervening circumstances of any nature, which charge shall be assessed as liquidated damages.