Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company shall not be liable for any loss or damage caused by events any event or circumstances circumstance beyond its reasonable control (such as severe extreme weather conditions, the actions of third parties not employed by it or any defect in a customerany part of an Owner’s or third party’s propertyvessel); this extends to loss or damage to Vessels, gear, equipment equipment, cars or other property goods left with it for work repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 3.2 The Company shall take all reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, Premises and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But Subject to this, and in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and or other property goods are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property they have appropriate fully comprehensive insurance adequately covers such against all usual risks. 3.1.2 3.3 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly Similarly, the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which has the Company is not been caused by the Company’s negligence of some other breach of duty on its partresponsible. However However, 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, (and where appropriate, to claim a salvage reward). 3.1.3 3.4 Owners may themselves be liable for any loss or damage caused by them, their crew crew/passengers or their Vessels and they shall be obliged 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 £2,000,000, 3,000,000 and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability Employer’s liability cover (in accordance with current legal requirements) to at least the statutory minimum. The Such insurance shall be affected with reputable insurers and the Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request being requested to do soso by the Company. 3.1.4 3.5 The Owner shallhereby agrees to indemnify the Company against any loss, damage or costs reasonably incurred by, and shall procure that all claims or proceedings instituted against, the Company and/or it servants or agents which may be caused by the Owner, the Vessel or vehicle or other property belonging to the Owner, or his servants, agents, crew, members 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 his family comply with all applicable laws when 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 Company’s Harbour Harbour, Marina and/or Premises or facilities provided thereon for whatever purpose and Premiseswhether 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. 3.1 The Company shall not be liable for any loss or damage caused by events any event or circumstances circumstance beyond its reasonable control (such as severe extreme weather conditions, the actions of third parties not employed by it or any defect in a customerany part of an Owner’s or third party’s propertyvessel); this extends to loss or damage to Vessels, gear, equipment equipment, cars or other property goods left with it for work repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 3.2 The Company shall take all reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, Premises and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But Subject to this, and in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and or other property goods are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property they have appropriate fully comprehensive insurance adequately covers such against all usual risks. 3.1.2 3.3 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly Similarly, the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which has the Company is not been caused by the Company’s negligence of some other breach of duty on its partresponsible. However However, 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, (and where appropriate, to claim a salvage reward). 3.1.3 3.4 Owners may themselves be liable for any loss or damage caused by them, their crew crew/passengers or their Vessels and they shall be obliged 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 £2,000,000, 3,000,000 and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability Employer’s liability cover (in accordance with current legal requirements) to at least the statutory minimum. The Such insurance shall be affected with reputable insurers and the Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request being requested to do soso by the Company. 3.1.4 3.5 The Owner shallhereby agrees to indemnify the Company against any loss, damage or costs reasonably incurred by, and shall procure that all claims or proceedings instituted against, the Company and/or it servants or agents which may be caused by the Owner, the Vessel or vehicle or other property belonging to the Owner, or his servants, agents, crew, members 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 his family comply with all applicable laws when 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 Company’s Harbour Harbour, Marina and/or Premises or facilities provided thereon for whatever purpose and Premiseswhether 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. 3.1 5.1 The Company shall not be liable for any loss or damage caused by events any event or circumstances circumstance beyond its reasonable control (such as severe extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s 's or third party’s property's Vessel); this extends to loss or damage to Vessels, gear, equipment or other property goods left with it for work repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 5.1.1 The Company shall take all reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But Subject to this, and in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and or other property goods are left with the Company at the Owner’s 's own risk and Owners should ensure that their own personal and property they have appropriate insurance adequately covers such against all relevant risks. 3.1.2 5.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s 's Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s 's Vessel or other property from the consequences of an accident for which has the Company is not been caused by the Company’s negligence of some other breach of duty on its partresponsible. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis basis. [and, where appropriate, to claim a salvage reward.] 3.1.3 5.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than two million pounds (£2,000,0002,000,000.00) or British Waterways Regulations minimum requirements as may be in force from time to time, and cover against wreck removal and salvage, andwhichever is the greater. And, where appropriate, Employers’ ' Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request being requested to do so. 3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using so by the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 2.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 2.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 2.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.1.3 2.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 2.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 The Company shall take reasonable and proportionate steps having regard to the nature TheCompanyshalltakereasonableandproportionatestepshavingregardtothenature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working andequipmentatthe Premisesandinthe Harbourinreasonablygoodworking order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and CompanyattheOwner’sownriskandOwnersshouldensurethattheirownpersonaland property insurance adequately covers such risks. 3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,0003,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 The Owner shall, and shall procure that his crew, crew and members of his family comply with all applicable laws when using the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 4.1. The Company shall not be liable for any loss or damage or failure to perform or delay of performance of any of our obligations under these Conditions that is caused by events or circumstances beyond its reasonable control Events Outside of Our Control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work forwork or storage, and harm to persons entering the Premises or the Harbour Marina and/or using any facilities or equipment. 3.1.1 4.2. The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the PremisesMarina, and to maintain the facilities and equipment at the Premises and in the Harbour Marina in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vesselsvessels, vehicles, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 4.3. The Company shall not be under any duty to salvage Salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage Salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of or some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage Salvage reward. 3.1.3 Owners may themselves 4.4. We cannot guarantee that the depth of water within the Marina will be liable sufficient to enable Your Vessel to navigate safely to, from and within the Marina. You are responsible for checking at all relevant times that there is sufficient depth of water for safe navigation. 4.5. Whilst We endeavour to allocate a suitable Mooring for the draft of your vessel (i.e. the Vessel Draft), the Company cannot be held responsible for any loss or damage incurred as a direct result of insufficient depth of water at Your Vessel’s allocated mooring. 4.6. You will be responsible for all actions, proceedings, claims, damages, costs, expenses, losses and liabilitiescaused by or arising from any damage or injury sufferedby any person or to any property where it was caused by theman act, their crew failure to act or their Vessels and they omission by You, Your crew, passengers, guests or persons carrying out work on Your Vessel by arrangement with You or with Your consent. If the Company suffers any loss due to any such act, failures to act or omission then You will be liable to make payment to the Company to make good any loss. 4.7. You shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,0003,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such ofsuch insurance within 7 days of a request to do so. 3.1.4 4.8. The Owner shall, and shall procure that his crew, their crew and members of his family their family, comply with all applicable laws when lawswhen using the Company’s Harbour and PremisesMarina.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 a) The Company shall not be liable for any loss or damage caused by events any event or circumstances circumstance beyond its reasonable control (such as severe extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s or third party’s propertyVessel); this extends to loss or damage to Vessels, gear, equipment or other property goods left with it for work repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 b) The Company shall take all reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But Subject to this, and in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and or other property goods are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property they have appropriate insurance adequately covers such against all relevant risks. 3.1.2 c) The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which has the Company is not been caused by the Company’s negligence of some other breach of duty on its partresponsible. However 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. Where it does so so, it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.1.3 d) Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request being requested to do so. 3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using so by the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 2.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 2.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 2.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis basis. [and, where appropriate, to claim a salvage reward.] 3.1.3 2.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvagea n d c o ve r a g a i ns t wr e c k r em o v a l an d s al v a g e , anda n d, where wh e r e appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 2.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company shall not be liable for any loss or damage caused by events any event or circumstances circumstance beyond its reasonable control (such as severe extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s 's or third party’s property's Vessel); this extends to loss or damage to Vessels, gear, equipment or other property goods left with it for work repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 The Company shall take all reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But Subject to this, and in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and or other property goods are left with the Company at the Owner’s 's own risk and Owners should ensure that their own personal and property they have appropriate insurance adequately covers such against all relevant risks. 3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s 's Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s 's Vessel or other property from the consequences of an accident for which has the Company is not been caused by the Company’s negligence of some other breach of duty on its partresponsible. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis basis. and, where appropriate, to claim a salvage reward. 3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage3,000,000, and, where appropriate, Employers’ ' Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request being requested to do so. 3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using so by the Company’s Harbour and Premises.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 4.1. The Company shall not be liable for any loss or damage or failure to perform or delay performance of any of our obligations under these Conditions that is caused by events or circumstances beyond its reasonable control Events Outside of Our Control (such as severe weather conditions, the actions of third parties not employed by it the Company or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour Marina and/or using any facilities or equipment. 3.1.1 4.2. The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, Marina and to maintain the facilities and equipment at the Premises and in the Harbour Marina in reasonably good working order. But in In the absence of any causative negligence or any other breach of duty on the part of the Company, Vesselsvessels, vehicles, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 4.3. The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the The Company shall not be under any has no duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of or some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward. 3.1.3 Owners may themselves 4.4. We cannot guarantee that the depth of water within the Marina will be liable sufficient to enable Your Vessel to navigate safely to, from and within the Marina. You are responsible for checking that there is sufficient depth of water for safe navigation. 4.5. Whilst We endeavour to allocate a suitable Mooring for the Vessel Draft, the Company cannot be held responsible for any loss or damage incurred as a direct result of insufficient depth of water at Your allocated mooring. 4.6. You will be responsible for all actions, proceedings, claims, damages, costs, expenses, losses and liabilities caused by themor arising from any damage or injury suffered by any person or to any property where it was caused by an act, their crew failure to act or their Vessels and they omission by You, Your crew, passengers, guests or persons carrying out work on Your Vessel by arrangement with You or with Your consent. If the Company suffers any loss due to any such acts, failures to act or omissions then You will be liable to make payment to the Company to reimburse any loss. 4.7. You shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,0003,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 4.8. The Owner owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and PremisesMarina.

LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company (a) Lessee agrees to indemnify and save Lessor harmless from any carelessness, negligence, or improper conduct on the party of Lessee or Lessee’s employees, subtenants (if any), or agents, on, in, or about the Premises or in the halls or other common areas of the Building. Lessor shall not be liable for any damages, loss, or injury to the person, property, or effects of Lessee or any other person, suffered on, in, or about the Premises by reason of the acts of other tenants. The rent due hereunder shall not be diminished or withheld by reason or on account of any loss or damage caused by events damages described above in this paragraph (a). (b) Throughout the term of this Lease, Lessee, at its sole cost and expense, and for the mutual benefit of Lessor and Lessee, shall procure, carry, and maintain general public liability insurance or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or personal injury and property damage to Vesselsprotect both Lessor and Lessee against damage, gearcosts and attorneys’ fees arising out of accidents of any kind occurring on or about the Premises. Said liability insurance shall be written by a company or companies acceptable to Lessor and shall have liability limits of not less than $500,000.00 for the injury or death of one person, equipment $1,000,000.00 for the injury or death of more than one person, and $100,000.00 for property damage, or else a combined single limit liability coverage in the amount of not less than $1,000,000.00. A certificate showing such insurance in force shall be delivered to Lessor prior to commencement of the Lease Term. Such certificates shall be maintained with Lessor throughout the term of this Lease. (c) Lessor shall carry fire and casualty insurance on the Premises and the Building. Lessee agrees, however, that Lessor shall not be responsible for any damage to Lessee’s stock in trade, furniture, equipment, contents or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment. 3.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at removable items situated in the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks. 3.1.2 The Company shall not be under required to carry insurance to cover any duty such items. Lessee acknowledges that he has been specifically advised by Lessor to salvage or preserve an Ownercarry fire and casualty insurance with extended coverage endorsement (including endorsement against vandalism and malicious mischief to cover Lessee’s Vessel contents situated on the Premises). It is understood that Lessee will look solely to its insurer for reimbursement for any property damages caused by fire or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However 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. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage rewardcasualty. 3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so. 3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.