Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 5,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we We shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We 3.1 The Company shall not be liable for any loss or damage caused by any Event Outside event or circumstance beyond its reasonable control (such as extreme weather conditions, the actions of our Control third parties not employed by it or for any indirect defect in any part of an Owner’s or consequential losses suffered by youthird party’s vessel); this extends to loss or damage to Vessels, gear, equipment equipment, cars or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 We 3.2 The Company shall take all reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, Premises and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our partthe part of the Company, Vessels, gear, equipment or other goods are left with us at your the Owner’s own risk and you Owners should ensure that you they have appropriate fully comprehensive insurance against all relevant usual risks. 3.4.3 We 3.3 The Company shall not be under any duty to salvage or preserve any an Owner’s Vessel or other property from the consequence consequences of any defect in the Vessel or property concerned unless we it shall have been expressly engaged to do so by you the Owner on commercial terms. Similarly we Similarly, the Company shall not be under any duty to salvage or preserve your an Owner’s Vessel or other property from the consequences of an accident for which we are the Company is not responsible. However, we reserve the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessaryenvironment. Where it does so we it shall be entitled to charge you the Owner concerned on a normal commercial charging basis and, (and where appropriate, to claim a salvage reward). The Owner must ensure they hold Fully Comprehensive Insurance which includes salvage of their Vessel. 3.4.4 You 3.4 Owners may yourselves themselves be liable for any loss or damage caused by youthem, your crew their crew/passengers or your their Vessels and you they shall be obliged unless expressly agreed in writing with the Marina Manager, to maintain adequate fully comprehensive insurance including third party liability cover for the full market value of the Vessel, its gear and equipment and for not less than £3,000,000 and, and where appropriate, Employers’ Liability Employer’s liability cover (in accordance with current legal requirements) to at least the statutory minimum. You Such insurance shall be affected with reputable insurers and the Owner shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by usthe Company. 3.4.5 Nothing in 3.5 The Owner hereby agrees to indemnify the Agreement shall Company against any loss, damage or costs reasonably incurred by, and all claims or proceedings instituted against, the Company and/or it servants or agents which may be deemed to exclude or limit our liability for death or personal injury caused by our negligencethe Owner, the Vessel or vehicle or other property belonging to the Owner, or his servants, agents, crew, guests, or sub- contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by an act or omission of the Company or those for whom it is responsible. 3.6 The Company provides Wi Fi internet at the Harbour free of charge for use by Owners on the strict proviso that the Company offers no guarantee of availability, stability or performance of the service from time to time and accepts no liability from any reliance placed or perceived loss arising from the use of the service. 3.7 All persons using any part of the Harbour, Marina and/or Premises or facilities provided thereon for whatever purpose and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained was caused by or resulted from a negligent act or omission of the Company or those for whom it is responsible.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we We shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 5,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 3.1 We shall not be liable for any loss or damage caused by any Event Outside event or circumstance beyond our reasonable control (such as extreme weather conditions, the actions of our Control third parties not employed by us or for any indirect defect in any part of your or consequential losses suffered by youany third party’s Vessel); this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 3.1.1 We shall take all reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 3.1.2 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessarynecessary . Where it does so we it shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 3.1.3 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by the us. 3.4.5 3.1.4 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 3.3.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 3.3.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 3.3.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 3.3.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 3.3.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 3.3.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 3.3.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 3.3.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 3.3.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 5,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 3.3.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.

LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 3.1 We shall not be liable for any loss or damage caused by any Event Outside event or circumstance beyond our reasonable control (such as extreme weather conditions, the actions of our Control third parties not employed by us or for any indirect defect in any part of your or consequential losses suffered by youany third party’s Vessel); this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment. 3.4.2 3.1.1 We shall take all reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks. 3.4.3 3.1.2 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we it shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.4.4 3.1.3 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us. 3.4.5 3.1.4 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.