EMERGENCY AUTHORITY. In the event the Tenant's vessel, or a vessel in an adjacent slip is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not required, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-out will be charged to Tenant's account. Any costs so incurred by the Port shall be for the order of the Tenant and the Tenant shall hold the Port harmless from all such costs or expenses so incurred. For the purpose of carrying out any procedures as contemplated by this paragraph and/or for the purposes of incurring any expenses as hereinafter contemplated, the Tenant does hereby hold the Port harmless from any loss, destruction, or damage to the vessel described herein and personal property located thereon. The authority granted in this paragraph shall be exercised only at times when, in the sole judgment of the Port, an emergency is deemed to exist, and such authority may be carried without notice to the Tenant. 13. REASSIGNMENT Moorage may be reassigned, at the option of the Port, to other slips or spaces within the Marina to accommodate repairs, improvements, maintenance, construction, emergencies, or when otherwise desirable in the Port's opinion. In the event of reassignment, Tenant shall receive a new slip as nearly comparable in location to the slip designated herein as is available and the Port will take reasonable measure to notify Tenant of reassignment. In the event the Tenant is not available, Tenant hereby grants the Port and its agents and employees access to the vessel for relocation. As provided in paragraph 3, the Port does not assume any responsibility for the vessel on the basis of the foregoing rights. Initials 14.
Appears in 2 contracts
Samples: Moorage Agreement, Moorage Agreement
EMERGENCY AUTHORITY. In the event the TenantLicensee's vessel, or a vessel in an adjacent slip is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not requiredrequired to, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction destruction, or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-haul out will be charged to TenantLicensee's account. Any costs so incurred by the Port shall be for the order benefit of the Tenant Licensee and the Tenant Licensee shall hold the Port harmless from all such costs or expenses so incurred. For the purpose of carrying out any procedures as contemplated by this paragraph and/or for the purposes of incurring any expenses as hereinafter contemplated, the Tenant Licensee does hereby hold the Port harmless from any loss, destruction, or damage to the vessel described herein and personal property located thereon. The authority granted in this paragraph shall be exercised only at times when, in the sole judgment of the Port, an emergency is deemed to exist, and such authority may be carried without notice to the TenantLicensee. 1315. REASSIGNMENT Moorage may be reassigned, at the option of the Port, to other slips or spaces within the Marina to accommodate repairs, improvements, maintenance, construction, emergencies, or when otherwise desirable in the Port's opinion. In the event of reassignment, Tenant Licensee shall receive a new slip as nearly comparable in location to the slip designated herein as is available and the Port will take reasonable measure to notify Tenant Licensee of reassignment. In the event the Tenant Licensee is not available, Tenant Licensee hereby grants the Port and its agents and employees access to the vessel for relocation. As provided in paragraph 3, the Port does not assume any responsibility for the vessel on the basis of the foregoing rights. Initials 1416.
Appears in 2 contracts
Samples: Moorage Agreement, Moorage Agreement
EMERGENCY AUTHORITY. In the event the TenantLicensee's vessel, or a vessel in an adjacent slip is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not requiredrequired to, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction destruction, or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-haul out will be charged to TenantLicensee's account. Any costs so incurred by the Port shall be for the order benefit of the Tenant Licensee and the Tenant Licensee shall hold the Port harmless from all such costs or expenses so incurred. For the purpose of carrying out any procedures as contemplated by this paragraph and/or for the purposes of incurring any expenses as hereinafter contemplated, the Tenant Licensee does hereby hold the Port harmless from any loss, destruction, or damage to the vessel described herein and personal property located thereon. The authority granted in this paragraph shall be exercised only at times when, in the sole judgment of the Port, an emergency is deemed to exist, and such authority may be carried without notice to the TenantLicensee. 1320. REASSIGNMENT Moorage may be reassigned, at the option of the Port, to other slips or spaces within the Marina to accommodate repairs, improvements, maintenance, construction, emergencies, or when otherwise desirable in the Port's opinion. In the event of reassignment, Tenant Licensee shall receive a new slip as nearly comparable in location to the slip designated herein as is available and the Port will take reasonable measure to notify Tenant Licensee of reassignment. In the event the Tenant Licensee is not available, Tenant Licensee hereby grants the Port and its agents and employees access to the vessel for relocation. As provided in paragraph 34, the Port does not assume any responsibility for the vessel on the basis of the foregoing rights. Initials 1421.
Appears in 1 contract
Samples: Moorage License Agreement
EMERGENCY AUTHORITY. In the event the Tenant's vessel, or a vessel in an adjacent slip is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not required, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-out will be charged to Tenant's account. Any costs so incurred by the Port shall be for the order of the Tenant and the Tenant shall hold the Port harmless from all such costs or expenses so incurred. For the purpose of carrying out any procedures as contemplated by this paragraph and/or for the purposes of incurring any expenses as hereinafter contemplated, the Tenant does hereby hold the Port harmless from any loss, destruction, or damage to the vessel described herein and personal property located thereon. The authority granted in this paragraph shall be exercised only at times when, in the sole judgment of the Port, an emergency is deemed to exist, and such authority may be carried without notice to the Tenant. 1317. REASSIGNMENT Moorage may be reassigned, at the option of the Port, to other slips or spaces within the Marina to accommodate repairs, improvements, maintenance, construction, emergencies, or when otherwise desirable in the Port's opinion. In the event of reassignment, Tenant shall receive a new slip as nearly comparable in location to the slip designated herein as is available and the Port will take reasonable measure to notify Tenant of reassignment. In the event the Tenant is not available, Tenant hereby grants the Port and its agents and employees access to the vessel for relocation. As provided in paragraph 34, the Port does not assume any responsibility for the vessel on the basis of the foregoing rights. Initials 1418.
Appears in 1 contract
Samples: Moorage Agreement