Condition of Vessel. The Owners acknowledge that they are aware that the Managers are unable to confirm that the Vessel, its systems, equipment and machinery are free from defects, and agree that the Managers shall not in any circumstances be liable for any losses, costs, claims, liabilities and expenses which the Owners may suffer or incur resulting from pre-existing or latent deficiencies in the Vessel, its systems, equipment and machinery.
Condition of Vessel. If the true condition of a vessel is not known, the Ship Valuation Committee, in determining the stated valuation of the vessel, may assume that it is in a condition that would entitle it to the highest classification of the American Bureau of Shipping, or the equivalent if the vessel is a foreign-flag vessel, with all required certificates, including but not limited to, marine inspection certificates of the United States Coast Guard, the United States Public Health Service, and the Federal Communica- tions Commission, with all outstanding requirements and recommendations necessary for retention of class accom- plished, without regard to any grace period; and, so far as due diligence can make her so, the vessel is tight, staunch, strong, and well and suffi- ciently tacked, appareled, furnished, and equipped, and in every respect sea- worthy and in good running condition and repair, with clean swept holds and in all respects fit for service. The stat- ed valuation of a vessel in substandard condition is subject to downward ad- justment as provided in § 309.6(a). § 309.6 Adjustments for condition, equipment, and other consider- ations.
Condition of Vessel. Licensee agrees to keep the vessel completely seaworthy, fully operational and securely moored, and shall otherwise attend to the needs of the vessel. Failure to so maintain and secure the vessel may result in it being deemed a hazardous vessel and subject to removal in the manner provided by Port ordinance. The costs of such removal shall be charged to Licensee. Nothing contained herein shall be construed as creating any obligation on the part of the Port for the vessel's safe-keeping.
Condition of Vessel. If the true condition of a vessel is not known, the Ship Valuation Committee, in determining the stated valuation of the vessel, may assume that it is in a condition that would entitle it to the highest classification of the American Bureau of Shipping, or the equivalent if the vessel is a foreign-flag vessel, with all required certificates, including but not limited to, marine inspection certificates of the United States Coast Guard, the United States Public Health Service, and the Federal Communica- tions Commission, with all outstanding requirements and recommendations necessary for retention of class accom- plished, without regard to any grace period; and, so far as due diligence can make her so, the vessel is tight, staunch, strong, and well and suffi- ciently tacked, appareled, furnished, and equipped, and in every respect sea- worthy and in good running condition and repair, with clean swept holds and
Condition of Vessel. Licensee represents and warrants to Licensor that Licensee’s Vessel is and will be maintained by Licensee in a neat, seaworthy condition and that the engine will be maintained in good running condition at all times. Licensee agrees that Licensor may terminate this Agreement and Licensee’s privileges at the Marina in the event Licensee’s boat/vessel becomes neglected or unsightly. Licensee shall be solely liable for the condition and safety of its boat/vessel. Although Licensor shall at no time have any liability for maintaining or monitoring the condition or safety of Licensee’s boat/vessel, if Licensor discovers that Licensee’s boat/vessel is in peril, or has placed other boats/vessels or person(s) at the Marina in peril, Licensor may at its option render aid to the boat/vessel without liability for damages or loss of any kind. If Licensee’s boat/vessel sinks, Licensee shall within ten (10) days be responsible for removal of its boat/vessel from the Marina and restoration of the Slip at Licensee’s sole cost and expense and in compliance with all applicable laws and ordinances.
Condition of Vessel. Vessel Owner warrants that the Vessel will be maintained in a clean, seaworthy, sanitary and fully operational condition at all times, and that its Vessel will be regularly repaired and maintained. The Vessel shall be able to get underway under her own power with her crew, and shall not create a fire hazard, eyesore or sinking hazard. Vessel Owner shall keep the Vessel properly moored and dry within at all times.
Condition of Vessel. Licensee represents and warrants to Licensor that Licensee’s Vessel is and will be maintained by Licensee in a neat, seaworthy condition and that the engine will be maintained in good running condition at all times. Licensor shall have the right to board the Vessel when moored at the Slip to determine if the Vessel is in compliance with the terms of this Agreement and the rules and regulations of the Marina. Licensee agrees that Licensor may terminate this Agreement and Licensee’s privileges at the Marina in the event Licensee’s boat/vessel becomes neglected or unsightly. Licensee shall be solely liable for the condition and safety of its boat/vessel. Although Licensor shall at no time have any liability for maintaining or monitoring the condition or safety of Licensee’s boat/vessel, if Licensor discovers that Licensee’s boat/vessel is in peril, or has placed other boats/vessels or person(s) at the Marina in peril, Licensor may at its option render aid to the boat/vessel without liability for damages or loss of any kind. If Licensee’s boat/vessel sinks, Licensee shall within ten (10) days be responsible for removal of its boat/vessel from the Marina and restoration of the Slip at Licensee’s sole cost and expense and in compliance with all applicable laws and ordinances.
Condition of Vessel. During the term of this Agreement, the Owner shall maintain his vessel in a safe and seaworthy condition. Owner agrees not to operate his vessel or permit another to do so in any manner that would cause damage to the Marina and its facilities or to any person or the property of another. In the event the Owner's vessel is in danger of sinking or should Owner's vessel present, create or become a potential hazard to navigation or should Owner's vessel be maintained in such manner that might cause damage to the Marina or interfere with its operation or create a potential hazard to other persons or the property of another, Owner hereby authorizes the City to take all actions as in the City's judgment alone is deemed necessary to xxxxx any such hazard or threatened damage at Owner's sole risk and expense. Owner shall be bound by all action of the City and Owner shall be responsible for all expenses and liability associated with or resulting from such action.
Condition of Vessel. The Vessel is in the same condition it was in on July 28, 2005, normal wear and tear excepted.
Condition of Vessel. With effect from the Delivery Date the Vessel will be and remain in the condition required by the Mortgage including (without limitation) being classed with the highest class applicable to vessels of her type with a classification society (being a member of the International Association of Classification Societies) approved by the Agent, free of overdue recommendations and qualifications unless otherwise agreed to by the Agent.
