Common use of Lien And Power Of Sale Clause in Contracts

Lien And Power Of Sale. The Operator reserves the right to withhold or prevent delivery of Cargo until all accrued and unpaid charges and fees or advance charges against the Cargo have been paid in full. As security for the payment of any amounts due under this Tariff, the Operator shall have a general lien over all Cargo, Bills of Lading, Waybills, permits or other documentation in its possession. Such lien shall not be affected by any temporary or partial extinction of any indebtedness due to the Operator. The lien shall extend to cover the cost of recovering sums due, including any legal or other fees as incurred, and the Operator shall have the right to sell Cargo that is subject of a lien by public auction or private sale without notice to the Cargo Owner, Vessel Owner or other Users. The Operator shall not be responsible for any loss or damage of whatsoever nature and howsoever caused, even if caused by an act, omission or the negligence of the Operator in the enforcement by the Operator of such lien or power of sale.

Appears in 5 contracts

Samples: Revised And, Revised And, Revised And

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