Common use of Damage to Wharf Clause in Contracts

Damage to Wharf. Notwithstanding the foregoing, whether or not there is insurance to cover such Casualty, Tenant shall be responsible, at its sole cost and expense, for all costs, direct or indirect, associated with repairing any damage to the wharf structure on the Premises, including, but not limited to, damage resulting from a collision between a vessel and the wharf while docking or undocking, unless such damage is due to the sole active negligence of City or of a third-party on the Premises pursuant to Subsection 102.6 (Temporary Assignment), or by a secondary assignee to which the Premises are assigned. The Harbor Department shall have the option of either making the repairs or requiring Tenant to make the repairs. If the Harbor Department makes the repairs, Tenant agrees to reimburse the Harbor Department for the City’s costs incurred in making the repairs. All damage shall be presumed to be the responsibility of Tenant and Tenant agrees to be responsible for such damage, unless Tenant can demonstrate to the satisfaction of the Executive Director that someone other than Tenant, its officers, agents, employees, customers, contractors, subtenants, licensees or other invitees caused the damage. The sufficiency of proof presented by Tenant to the Harbor Department shall be determined by the Executive Director in the Executive Director’s sole judgment. Section 113. Assignments, Transfers and Subleases.

Damage to Wharf. Notwithstanding the foregoing, whether or not there is insurance to cover such Casualty, Tenant shall be responsible, at its sole cost and expense, for all costs, direct or indirect, associated with repairing any damage to the wharf structure on the Premises, including, but not limited to, damage resulting from a collision between a vessel and the wharf while docking or undocking, unless such damage is due to the sole active negligence of City or of a third-party on the Premises pursuant to Subsection 102.6 (Temporary Assignment), or by a secondary assignee to which the Premises are assigned. The Harbor Department shall have the option of either making the repairs or requiring Tenant to make the repairs. If the Harbor Department makes the repairs, Tenant Xxxxxx agrees to reimburse the Harbor Department for the City’s costs incurred in making the repairs. All damage shall be presumed to be the responsibility of Tenant Xxxxxx and Tenant Xxxxxx agrees to be responsible for such damage, unless Tenant Xxxxxx can demonstrate to the satisfaction of the Executive Director that someone other than Tenant, its officers, agents, employees, customers, contractors, subtenants, licensees or other invitees caused the damage. The sufficiency of proof presented by Tenant Xxxxxx to the Harbor Department shall be determined by the Executive Director in the Executive Director’s sole judgment. Section 113. Assignments, Transfers and Subleases.