Determination of Term. For purposes of this Section 6.4, the term of any contract shall be determined in accordance with this Subsection. The term of any contract shall be the period during which performance (other than payment) is to occur and not the period commencing when such contract is executed. The term of any contract shall be based upon the period prior to the first date upon which the Borrower could, at its option, terminate the contract (taking into account any notice period required for termination), unless the exercise of such termination right could reasonably be expected to have a Material Adverse Effect.
Determination of Term. 9.1 At the end of the Licence Term or on earlier termination of the Agreement, the Licensee must:
(a) deliver all keys to the Licensor; and
(b) vacate the berth and leave it in a clean state and without any damage.
9.2 If the Licensee terminates this Agreement before the end of the agreed berthing licence period then:-
(a) if the agreed berthing period is for three (3) months or less, the Licensee will not be entitled to any refund or credit the dollar value of on the balance berthing period;
(b) if the agreed berthing licence period is for more than three (3) months the Licensee can elect between:-
(i) a credit on the dollar value of the balance berthing period towards the Licensee’s next stay provided that the credit is used by the Licensee within twelve (12) months of the Licensee’s departure from the marina (otherwise the credit will be forfeited); or
(ii) a refund of 50% of the balance amount paid, excluding the first three (3) month period for which there is no credit or refund.
1. Berths & Vessels
(a) The Vessel must be kept in a sound, safe, secure, seaworthy, watertight condition free of pests, insects and vermin at all times.
(b) Period of Berthing is from 12 noon to 11.00am (on day of departure)
(c) Measurement of your vessel is length overall or LOA (see rule 6), being the measurement to its outer most extremities, including the anchor, bow, motor and tender.
(d) Only vessels in a seaworthy condition and under their own power will be admitted to the Marina. All vessels must be registered as required by law and safe boating practice.
(e) Upon a vessel entering the Marina it shall immediately be subject to the direction of marina staff and shall be berthed only where ordered and manoeuvred as directed.
(f) The Vessel must be moored within the boundaries of the allocated berth dimensions at all times and the Vessel must not exceed the engineering rating of the Marina Berth or be larger than that recommended under AS3962 "Guidelines for Marina Design.
(g) Mooring lines must be provided by the berth occupier, adequate for the vessel’s size and weight and maintained in good condition. If in the opinion of the Marina Manager that these lines are inadequate or additional lines are necessary, the berth occupier will need to comply with that direction at their expense
(h) No part of any vessel may overhang a walkway, including anchors, bows, davits, etc. Piers, jetties & walkways must be kept clear of gear, including dinghies & skiffs at all times.
(i) C...
Determination of Term. 14.1 On the Expiry Date or earlier termination of this Agreement, provided that the Service Fee and all other monies under this Agreement have been paid to date, GCCM will deliver the Vessel to the Customer.
14.2 On the Expiry Date or earlier termination of this Agreement, the Customer must:
14.2.1 deliver all sets of Keys to GCCM; and
14.2.2 remove the Vessel from the Complex.
14.3 The Customer must not cause any damage to the Complex in the removal of the Vessel from the Complex. lf any such damage is caused the Customer must promptly repair that damage to the satisfaction of GCCM, at the Customer's Cost.
14.4 Either party may terminate this Agreement for any reason, by giving the other party 30 days' prior notice in writing.
Determination of Term. 14.1. On the Expiry Date or earlier termination of this Agreement the Owner must:
14.1.1. deliver all sets of Keys to GCCM;
14.1.2. vacate the Berth and leave it in a clean state; and
14.1.3. remove the Owner’s property and the Vessel from the Berth.
14.2. The Owner must not cause any damage to the Berth or the Complex in the removal of anything from the Berth. If any such damage is caused the Owner must promptly repair that damage to the satisfaction of GCCM, at the Owner’s Cost.
14.3. Either party may terminate this Agreement for any reason, by giving the other party 30 days' prior notice in writing.
Determination of Term. 9.1 At the end of the Licence Term or on earlier termination of the Agreement, the Licensee must:
(a) deliver all keys to the Licensor; and
(b) vacate the berth and leave it in a clean state and without any damage.
9.2 If the Licensee terminates this Agreement before the end of the agreed berthing licence period then:-
(a) if the agreed berthing period is for three (3) months or less, the Licensee will not be entitled to any refund or credit the dollar value of on the balance berthing period;
(b) if the agreed berthing licence period is for more than three (3) months the Licensee can elect between:-
(i) a credit on the dollar value of the balance berthing period towards the Licensee’s next stay provided that the credit is used by the Licensee within twelve (12) months of the Licensee’s departure from the marina (otherwise the credit will be forfeited); or
(ii) a refund of 50% of the balance amount paid, excluding the first three (3) month period for which there is no credit or refund.
Determination of Term. If the term of years created by the Lease is determined then the term of years granted by this Supplemental Lease shall automatically determine at the same time and vice versa but without prejudice to the rights and remedies of either party in respect of any antecedent breach by the other
Determination of Term. Tenant to yield up Tenant's Improvements
Determination of Term. The term of any contract shall be determined for purposes of this Section 5.4 based solely upon the period prior to the first date upon which the Borrower could, at its option, terminate the contract (taking into account any notice period required for termination), unless the exercise of such termination right could reasonably be expected to have a Material Adverse Effect.
Determination of Term. 11.1 On the Expiry Date or earlier termination of this Agreement, the Customer must:
11.1.1 Pay all fees and other amounts payable under this Agreement in accordance with clause 3;
11.1.2 At its Cost, vacate the Complex and leave it in a clean state; and
11.1.3 at its Cost, remove the Customer’s property, materials, tools, equipment, vehicles, vessels or conveyances from the Complex.
11.2 The Customer must not cause any damage to the Complex in the removal of anything. If any damage is caused the Customer must promptly repair that damage to the satisfaction of GCCM, at the Customer’s Cost in all respects.
11.3 If the Customer does not properly clean the Complex area occupied or used by it to GCCM’s satisfaction, GCCM may arrange for that area to be cleaned at the Customer’s Cost and recover these Costs from the Customer.
Determination of Term. Tenant to yield up
