Condition of the Vessel. 5.1 All Vessels must be kept clean and in reasonable repair at all times. Should a Vessel be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and temporary covers are allowed for no more than 3 months unless authorised by the marina manager
5.2 Vessels berthed at Marinas connected to the Canal and River Trust’s navigations must be in possession of the requisite valid Boat Safety certificate or RCD (Recreational Craft Directive) certificate for new craft and a Canal and River Trust Craft License which shall at all times be prominently displayed on the Vessel. Vessels berthed in Marinas connected to Environment Agency Waterways must be in possession of the requisite valid RCD/Boat Safety Certificate and must display a current valid Navigation Certificate and registration number at all times.
5.3 The Company reserves the right to terminate the Contract pursuant to Clause 8.3 if the Owner cannot prove that the Vessel is in possession of the requisite documentation (where applicable) in accordance with clause 5.3 above
5.4 In addition to the requirements set out in Clause 5.1 the Owner shall ensure that the Vessel remains in an aesthetically pleasing condition whilst it is at the Marina. Any disputes relating to this Clause will be resolved by the Yacht Harbour Association or British Marine Federation appointed representative.
5.5 All Vessels berthed at the Marina must have a minimum level of on board facilities to allow the ability to be self-sufficient and these should include the provisions for potable water storage, black waste collection with toilets connected and wash cubicles and the Company reserve the right to request confirmation from the Owners upon granting/renewal of a mooring Contract that their craft has the required basic facilities prior to occupancy of a Berth in the Marina.
Condition of the Vessel. The Borrower shall procure that the Vessel and every part thereof is kept in a good and safe condition and state of repair, ordinary wear and tear excepted and shall ensure that all repairs to the Vessel or replacements of lost, damaged or worn parts and equipment in respect of the Vessel, are effected in such a manner so as not to diminish the value of the Vessel and in any event:
(a) consistent with first-class ship ownership, operation and management standards in relation to ships of the Vessel’s age and type;
(b) so as to maintain the Vessel’s present class, namely 1+HULL+MACH+Liquefied gas carrier/LNG, Shiptype 2G (-163°C, 500 kg/m3., 0.25 bar unrestricted navigation + VeriSTAR-HULL, + AUT-UMS,+SYS-NEQ-1,+MON-SHAFT, INWATERSURVEY, with the American Bureau of Shipping or the equivalent with another Classification Society approved by the Majority Lenders in writing and in each case free from any overdue recommendations and conditions affecting the Vessel’s class; and
(c) so as to comply with the material provisions of all laws and regulations applicable to the Vessel, including, without limitation, Environmental Law and Environmental Approval, and to maintain all certificates, licences and permits applicable to vessels registered in the state of registration for the time being of the Vessel and to vessels trading to any jurisdiction to which the Vessel may trade from time to time in any such case.
Condition of the Vessel. (a) Owner represents and warrants at the Delivery Date and undertakes throughout the Term that the Vessel shall be fitted in every way for the safe loading, discharging, handling and carrying of LNG in bulk at atmospheric pressure, the regasification of LNG, and the discharge of regasified LNG, and suitable for trading as set forth in Article 6. Owner (i) represents and warrants that on the Delivery Date the Vessel shall be tight, staunch, strong and otherwise seaworthy with cargo handling and storage systems (including instrumentation) necessary for the safe loading, discharging, handling, carrying and measuring of LNG, the regasification of LNG, and the discharge and measuring of regasified LNG, in good order and condition, with the Vessel and its machinery, boilers and hull in such a state as to obtain the most economic operation having regard to the rates of regasified LNG discharge and the rates of speed and fuel consumption amounts specified in Schedule I, with a main engine equipped with a system to burn boil-off gas alone, boil-off gas together with fuel oil, or fuel oil alone, and shall be fitted to burn fuel oil of normal commercial grades, and with a full and efficient complement of Master, officers and crew for a Vessel of her type and tonnage and with clean tanks and piping free of debris or other foreign matter; and (ii) undertakes throughout the Term that the Vessel shall be maintained in such condition. Owner warrants that the Vessel shall be fully stored, equipped, manned and fit in all respects for service as of the Delivery Date.
(b) Owner represents and warrants at the Delivery Date and undertakes throughout the Term that the Vessel shall be fitted in every way for carrying LNG, unloading LNG or regasified LNG at any port and otherwise fully operating at all times regardless of the filling level of the Vessel’s cargo tanks.
(c) Owner further represents and warrants that on the Delivery Date, and undertakes to exercise due diligence throughout the Term to ensure, that the Vessel shall be compatible with the Primary Terminals as now designed, constructed and equipped to the extent such ports are equipped to handle LNG tankers of similar cargo capacity, length, draft and containment system. The cost of attaining and maintaining such compatibility with the Primary Terminals shall be for Owner’s account; provided that, in the event the aggregate capital cost of attaining such compatibility for a given Primary Terminal should exceed ***** Uni...
Condition of the Vessel. The Buyer acknowledges that Seller has made no representations or claims as to the condition of the Vessel or equipment or acquired assets which are the subject of this agreement. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AND ANY WARRANTIES AS TO THE PHYSICAL OR MECHANICAL CONDITION OF THE VESSEL. BUYER ACKNOWLEDGES THAT BUYER IS PURCHASING THE VESSEL "AS IS." ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. IT IS EXPRESSLY UNDERSTOOD THAT THE VESSEL IS SOLD "AS IS."
Condition of the Vessel. Without prejudice to Section 5, the Seller shall bear no liability, direct or indirect, for the condition of the Vessel. Without prejudice to Section 5, the Seller shall not be liable for any delays in the delivery of the Vessel to the Vessel Owning Subsidiary or any breach of the provisions of the Memorandum of Agreement by Heroic, including without limitation any direct or indirect damages caused by (a) the failure of Heroic to deliver the Vessel to the Vessel Owning Subsidiary or (b) delays in Universal’s delivery of the Vessel.
Condition of the Vessel. 5.1 The Owner shall ensure that the Vessel remains in a sea worthy condition at all times whilst it is at the Marina. The Vessel is to have an operational engine, and must be able to navigate and steer under its own power. Exception to this will need the Company’s approval.
5.2 All Vessels must be kept clean and in reasonable repair at all times. Should a Vessel be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and temporary covers are allowed for no more than 3 months unless authorised by the marina manager
5.3 Any Vessel registered on the Small Ships Register must display its SSR number at all times. Any exemptions to this must be authorised in writing by the marina manager.
5.4 The Company reserves the right to terminate the Contract pursuant to Clause 8.3 if the Owner cannot prove that the Vessel is in possession of the requisite documentation (where applicable) in accordance with clause 5.3 above
5.5 In addition to the requirements set out in Clause 5.1 the Owner shall ensure that the Vessel remains in an aesthetically pleasing condition whilst it is at the Marina. Any disputes relating to this Clause will be resolved by the Yacht Harbour Association or British Marine Federation appointed representative.
5.6 All Vessels berthed at the Marina must have a minimum level of on board facilities to allow the ability to be self-sufficient and these should include the provisions for potable water storage, black waste collection with toilets connected and wash cubicles and the Company reserve the right to request confirmation from the Owners upon granting/renewal of a mooring Contract that their craft has the required basic facilities prior to occupancy of a Berth in the Marina.
Condition of the Vessel. The Buyer acknowledges that Seller has made no representations or claims as to the condition of the Vessel or equipment or acquired assets which are the subject of this agreement.
Condition of the Vessel. It shall be the responsibility of Owners to keep their Vessel in such condition that they do not became unsightly or dilapidated or reflect unfavourably on the appearance standards of the Marina facility. Decks of all Vessel shall be kept free and clear of debris, bottles, papers, trash or unsightly material at all times.
Condition of the Vessel. 6.1 The Owner shall ensure that the Vessel remains fit for the purpose for which it was produced at all times whilst it is at the Marina.
6.2 All Vessels must be kept clean and in reasonable repair at all times. Should a Vessel be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and similar covers are allowed as a temporary cover only, for a maximum period of 4 weeks.
6.3 All Vessels must be in possession of a valid Boat Safety Certificate and Canal & River Trust Craft Licence and the latter shall at all times be prominently displayed on the Vessel. All vehicles on site must display a valid Vehicle Excise Duty license, where such licenses are required for use on the public highway. Vehicles registered under the Statutory Off Road Notification scheme may not be parked within the Marina.Quad bikes or similar vehicles are not allowed on site.
6.4 In addition to the requirements set out in clause 6.1, the Owner shall ensure that the Vessel remains in an aesthetically–pleasing condition whilst it is at the Marina. MADECORN LEISURE shall be the sole judge of what is considered “aesthetically-pleasing” by having reference to the condition of the majority of the vessels moored at the Marina.
Condition of the Vessel. Buyer agrees to accept the Vessel and the ----------------------- Stored Items "as is" and "where is" at Closing.
