Common use of Maintenance and Operation Clause in Contracts

Maintenance and Operation. (a) The Vessel shall during the Charter period be in the full possession and at the absolute disposal for all purposes of the Charterers and under their complete control in every respect. The Charterers shall maintain the Vessel, her machinery, boilers, appurtenances and spare parts in a good state of repair, in efficient operating condition and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extent, if any, to which the rate of hire shall be varied and the ratio in which the cost of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof as between the Owners and the Charterers having regard, inter alia, to the length of the period remaining under the Charter, shall in the absence of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security or responsibility in respect of all or other pollution damages as required by any government, including federal, state or municipal or other division of authority thereof, to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters of any country, state or municipality in performance of the Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do so.

Appears in 1 contract

Samples: Memorandum of Agreement (Horizon Offshore Inc)

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Maintenance and Operation. The Borrower shall either (ax) The Vessel shall during at its own cost and expense, maintain, repair and keep each Railcar, or (y) require the Charter period be applicable Lessee to maintain, repair and keep each Railcar, (i) according to prudent industry practice, in the full possession good working order, and at the absolute disposal in good physical condition for all purposes railcars of the Charterers a similar age and under their complete control in every respect. The Charterers shall maintain the Vesselusage, her machinerynormal wear and tear excepted, boilers, appurtenances and spare parts (ii) in a good state manner consistent with maintenance practices used by the Borrower in respect of repairequipment owned or leased by the Borrower similar in type to such Railcar, (iii) in efficient operating condition accordance in all material respects with all manufacturer’s warranties in effect and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extentapplicable provisions, if any, of insurance policies required to which be maintained pursuant to §8.7, (iv) in compliance in all material respects with any applicable laws and regulations, including, without limitation, the rate Rules of hire shall be varied Interchange of the AAR, rules and regulations of the ratio in which FRA, the cost DOT or Rail Canada and Rules of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof Interchange as between the Owners and the Charterers having regard, inter alia, they apply to the length maintenance and operation of the period remaining under Railcars in interchange regardless of upon whom such applicable laws and regulations are nominally imposed and (v) in a condition mechanically suitable for interchange by an operator in revenue service; provided, however, that the CharterBorrower may, shall in good faith and by appropriate proceedings diligently conducted, contest the validity or application of any such standard, rule or regulation in any reasonable manner which does not materially interfere with the use, possession or operation of any of the Railcars or materially adversely affect the rights or interests of the Administrative Agent in the absence Railcars or hereunder or otherwise expose the Administrative Agent or any Lender to civil, regulatory, administrative or criminal sanctions or injunctive relief. In no event shall the Borrower discriminate as to the use or maintenance of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security any Railcar (including the periodicity of maintenance or responsibility record keeping in respect of such Railcar) as compared to equipment of a similar nature which the Borrower owns or leases. The Borrower will maintain, or shall require the applicable Lessee to maintain, all records, logs and other materials required by relevant industry standards or other pollution damages any governmental authority having jurisdiction over the Eligible Railcars required to be maintained in respect of any Railcar as required by any government, including federal, state or municipal or other division of authority thereof, to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters of any country, state or municipality in performance as of the Charter without Restatement Date and required under any delay. This obligation shall apply whether subsequent regulation or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do soruling.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

Maintenance and Operation. The Owner, at its own cost and expense, shall maintain, repair and keep each Unit, (ai) The Vessel shall during the Charter period be according to prudent industry practice, in the full possession good working order, and at the absolute disposal in good physical condition for all purposes railcars of the Charterers a similar age and under their complete control in every respect. The Charterers shall maintain the Vesselusage, her machinerynormal wear and tear excepted, boilers, appurtenances and spare parts (ii) in a good state manner consistent with maintenance practices used by the Owner in respect of repairequipment owned or leased by the Owner similar in type to such Unit, (iii) in efficient operating condition accordance in all material respects with all manufacturer’s warranties in effect and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extentapplicable provisions, if any, of insurance policies required to which be maintained pursuant to Section 4.07, (iv) in compliance in all material respects with any applicable laws and 17 [Trust Indenture and Security Agreement (GATX Trust No. 2008-2)] regulations, including, without limitation, the rate Field Manual of hire shall be varied the AAR, FRA rules and the ratio in which the cost of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof regulations and Interchange Rules as between the Owners and the Charterers having regard, inter alia, they apply to the length maintenance and operation of the period remaining under Equipment in interchange regardless of upon whom such applicable laws and regulations are nominally imposed and (v) in a condition mechanically suitable for interchange by an operator in revenue service; provided, however, that the CharterOwner may, shall in good faith and by appropriate proceedings diligently conducted, contest the validity or application of any such standard, rule or regulation in any reasonable manner which does not materially interfere with the use, possession or operation of any of the Units or materially adversely affect the rights or interests of the Indenture Trustee in the absence Equipment or hereunder or otherwise expose the Indenture Trustee or the Loan Participant to criminal sanctions. In no event shall the Owner discriminate as to the use or maintenance of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security any Unit (including the periodicity of maintenance or responsibility record keeping in respect of such Unit) as compared to equipment of a similar nature which the Owner owns or leases. The Owner will maintain all or records, logs and other pollution damages as materials required by relevant industry standards or any government, including federal, state or municipal or other division of governmental authority thereof, having jurisdiction over the Units required to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters be maintained in respect of any country, state or municipality in performance of the Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do soUnit.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Gatx Corp)

Maintenance and Operation. (a) The Vessel shall shall, during the Charter period period, be in the full possession and at the absolute disposal for all purposes of the Charterers and under their complete control in every respect. The Charterers shall maintain the Vessel, her machinery, boilers, appurtenances and spare parts in a good state of repair, in efficient operating condition operation condition, and in accordance with good commercial maintenance practice practice, wear and tear always excepted and, except as provided for in Clause 13(f13(1), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 (or such other class as may be assigned to the Vessel by any subsequent classification society) and with other required certificates in force at all times. The Charterers to take immediate shape steps to have the material, necessary repairs done within a reasonable time failing which which, after written notice and a reasonable opportunity to cure, the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes changes, or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extent, if any, to which the rate of hire shall be varied and the ratio in which the cost of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof as between the Owners and the Charterers having regard, inter aliaail, to the length of the period remaining under the Charter, shall in the absence of agreement, be referred to arbitration, arbitration according to Clause 2679. The Charterers are required to establish and maintain financial security or responsibility in respect of all oil or other pollution damages damage as required by any government, including federal, state or municipal or other division of or authority thereof, to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters of any country, state or municipality in performance of the this Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of or authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do so. TOVALOP SCHEME. (Applicable to oil tank vessels only). - The Charterers are required to enter the Vessel under the TOVALOP SCHEME or under any similar compulsory scheme upon delivery under this Charter and to maintain her so during the currency of this Charter.

Appears in 1 contract

Samples: Commodore Holdings LTD

Maintenance and Operation. The Borrower shall either (ax) The Vessel shall during at its own cost and expense, maintain, repair and keep each Railcar, or (y) require the Charter period be applicable Lessee to maintain, repair and keep each Railcar, (i) according to prudent industry practice, in the full possession good working order, and at the absolute disposal in good physical condition for all purposes railcars of the Charterers a similar age and under their complete control in every respect. The Charterers shall maintain the Vesselusage, her machinerynormal wear and tear excepted, boilers, appurtenances and spare parts (ii) in a good state manner consistent with maintenance practices used by the Borrower in respect of repairequipment owned or leased by the Borrower similar in type to such Railcar, (iii) in efficient operating condition accordance in all material respects with all manufacturer’s warranties in effect and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extentapplicable provisions, if any, of insurance policies required to which be maintained pursuant to §8.7, (iv) in compliance in all material respects with any applicable laws and regulations, including, without limitation, the rate Rules of hire shall be varied Interchange of the AAR, FRA rules and the ratio in which the cost regulations and Rules of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof Interchange as between the Owners and the Charterers having regard, inter alia, they apply to the length maintenance and operation of the period remaining under Railcars in interchange regardless of upon whom such applicable laws and regulations are nominally imposed and (v) in a condition mechanically suitable for interchange by an operator in revenue service; provided, however, that the CharterBorrower may, shall in good faith and by appropriate proceedings diligently conducted, contest the validity or application of any such standard, rule or regulation in any reasonable manner which does not materially interfere with the use, possession or operation of any of the Railcars or materially adversely affect the rights or interests of the Administrative Agent in the absence Railcars or hereunder or otherwise expose the Administrative Agent or any Lender to civil, regulatory, administrative or criminal sanctions or injunctive relief. In no event shall the Borrower discriminate as to the use or maintenance of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security any Railcar (including the periodicity of maintenance or responsibility record keeping in respect of such Railcar) as compared to equipment of a similar nature which the Borrower owns or leases. The Borrower will maintain, or shall require the applicable Lessee to maintain, all or records, logs and other pollution damages as materials required by relevant industry standards or any government, including federal, state or municipal or other division of governmental authority thereof, having jurisdiction over the Eligible Railcars required to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters be maintained in respect of any country, state or municipality in performance of the Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do soRailcar.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

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Maintenance and Operation. (a) The Vessel Lessee, at its own cost and expense, shall during the Charter period be maintain, repair and keep each Unit (i) according to prudent industry practice, in the full possession good working order and at the absolute disposal in good physical condition for all purposes railcars of the Charterers a similar age and under their complete control in every respect. The Charterers shall maintain the Vesselusage, her machinerynormal wear and tear excepted, boilers, appurtenances and spare parts (ii) in a good state manner consistent in all material respects with maintenance practices used by Lessee in respect of repairequipment owned or leased by Lessee similar in type to such Unit, (iii) in efficient operating condition accordance in all material respects with all manufacturers' warranties and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extentapplicable provisions, if any, of insurance policies required to be maintained pursuant to Section 12, and (iv) in compliance in all material respects with any applicable laws and regulations, including, without limitation, the Field Manual of the AAR, FRA rules and regulations and Interchange Rules as they apply to the maintenance and operation of the Equipment in interchange regardless of upon whom such applicable laws and regulations are nominally imposed; provided, however, that Lessee may, in good faith and by appropriate proceedings diligently conducted, contest the validity or application of any such standard, rule or regulation in any reasonable manner which does not materially interfere with the use, possession, operation or return of any of the Units or materially adversely affect the rights or interests of Lessor and the Indenture Trustee in the Equipment or hereunder or otherwise expose Lessor, the Bank, the Indenture Trustee or any Participant to criminal liability, or material civil liability with respect to which Lessee is not required to indemnify Lessor, the rate Bank, the Indenture Trustee or any Participant pursuant to an Operative Agreement, or release Lessee from the obligation to return the Equipment in compliance with the provisions of hire Section 6.2. Lessee shall be varied provide Lessor and the ratio Indenture Trustee with notice of any contest of the type described in which the cost of compliance shall be shared between the parties concerned preceding sentence in order detail sufficient to achieve a reasonable distribution thereof as between the Owners enable Lessor and the Charterers having regard, inter alia, Indenture Trustee to ascertain whether such contest may have an effect of the type described in the preceding sentence. In no event shall Lessee discriminate as to the length use or maintenance of any Unit (including the period remaining under the Charter, shall in the absence periodicity of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security maintenance or responsibility record keeping in respect of such Unit) as compared to equipment of a similar nature which Lessee owns or leases. Lessee will maintain all or records, logs and other pollution damages as materials required by relevant industry standards or any government, including federal, state or municipal or other division of governmental authority thereof, having jurisdiction over the Units required to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters be maintained in respect of any countryUnit, state all as if Lessee were the owner of such Units, regardless of whether any such requirements, by their terms, are nominally imposed on Lessee, Lessor or municipality in performance of the Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do soOwner Participant.

Appears in 1 contract

Samples: Equipment Lease Agreement (Union Tank Car Co)

Maintenance and Operation. (a) The Vessel shall during Through the Charter period be Closing, the Property Owners agree to maintain and operate the Developed Property in the full possession and at the absolute disposal for all purposes ordinary course of the Charterers and under their complete control in every respect. The Charterers shall maintain the Vessel, her machinery, boilers, appurtenances and spare parts in a good state of repair, in efficient operating condition business and in accordance with good commercial maintenance practice andits established operating policies and procedures and in the manner maintained and operated prior to the date of this Agreement, subject to any limitations or restrictions as set forth herein. Each Property Owner agrees that from the date of this Agreement to the Closing Date, it will: (i) use its reasonable efforts to preserve its relations with tenants and others having business dealings with it; (ii) not mortgage or encumber any part of the Property or take or suffer any other action affecting title to the Property without the prior written consent of Transferee such consent not to be unreasonably withheld or delayed (it being agreed that if Transferee fails to deny such consent or approval with respect to any non-material, non-monetary encumbrance within five (5) business days after written request therefore, Transferee shall be deemed to have granted such consent or approval hereunder); (iii) not become a party to any new licenses, equipment leases, contracts or agreements of any kind relating to the Property, except such contracts or agreements as provided for will be terminated at or prior to Closing without cost or expense to Transferee or contracts which Transferee agrees to assume at Closing, such agreement not to be unreasonably withheld or delayed (it being agreed that if Transferee fails to deny such consent or approval with respect to any such contract or agreement within five (5) business days after written request therefore, Transferee shall be deemed to have granted such consent or approval hereunder); and (iv) not intentionally take any action that would reasonably be likely to result in Clause 13(f), they shall keep a material adverse change to the Vessel with unexpired classification "as-built" surveys of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have Developed Property identified on the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extent, if any, to which the rate of hire shall be varied and the ratio in which the cost of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof as between the Owners and the Charterers having regard, inter alia, to the length of the period remaining under the Charter, shall in the absence of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security or responsibility in respect of all or other pollution damages as required by any government, including federal, state or municipal or other division of authority thereof, to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters of any country, state or municipality in performance of the Charter without any delay. This obligation shall apply whether or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do so.attached Schedule O.

Appears in 1 contract

Samples: Contribution and Conveyance Agreement (Boston Properties Inc)

Maintenance and Operation. The Borrower shall either (ax) The Vessel shall during at its own cost and expense, maintain, repair and keep each Railcar, or (y) require the Charter period be applicable Lessee to maintain, repair and keep each Railcar, (i) according to prudent industry practice, in the full possession good working order, and at the absolute disposal in good physical condition for all purposes railcars of the Charterers a similar age and under their complete control in every respect. The Charterers shall maintain the Vesselusage, her machinerynormal wear and tear excepted, boilers, appurtenances and spare parts (ii) in a good state manner consistent with maintenance practices used by the Borrower in respect of repairequipment owned or leased by the Borrower similar in type to such Railcar, (iii) in efficient operating condition accordance in all material respects with all manufacturer’s warranties in effect and in accordance with good commercial maintenance practice and, except as provided for in Clause 13(f), they shall keep the Vessel with unexpired classification of the class indicated in Box 10 and with other required certificates in force at all times. The Charterers to take immediate shape to have the necessary repairs done within a reasonable time failing which the Owners shall have the right of withdrawing the Vessel from the service of the Charterers without noting any protest and without prejudice to any claim the Owners may otherwise have against the Charterers under the Charter. Unless otherwise agreed, in the event of any improvement, structural changes or expensive new equipment becoming necessary for the continued operation of the Vessel by reason of new class requirements or by compulsory legislation costing more than 5 per cent of the Vessel's marine insurance value as stated in Box 27, then the extentapplicable provisions, if any, of insurance policies required to which be maintained pursuant to §8.7, (iv) in compliance in all material respects with any applicable laws and regulations, including, without limitation, the rate Rules of hire shall be varied Interchange of the AAR, rules and regulations of the ratio in which FRA, the cost DOT or Transport Canada and Rules of compliance shall be shared between the parties concerned in order to achieve a reasonable distribution thereof Interchange as between the Owners and the Charterers having regard, inter alia, they apply to the length maintenance and operation of the period remaining under Railcars in interchange regardless of upon whom such applicable laws and regulations are nominally imposed and (v) in a condition mechanically suitable for interchange by an operator in revenue service; provided, however, that the CharterBorrower may, shall in good faith and by appropriate proceedings diligently conducted, contest the validity or application of any such standard, rule or regulation in any reasonable manner which does not materially interfere with the use, possession or operation of any of the Railcars or materially adversely affect the rights or interests of the Administrative Agent in the absence Railcars or hereunder or otherwise expose the Administrative Agent or any Lender to civil, regulatory, administrative or criminal sanctions or injunctive relief. In no event shall the Borrower discriminate as to the use or maintenance of agreement, be referred to arbitration, according to Clause 26. The Charterers are required to establish and maintain financial security any Railcar (including the periodicity of maintenance or responsibility record keeping in respect of such Railcar) as compared to equipment of a similar nature which the Borrower owns or leases. The Borrower will maintain, or shall require the applicable Lessee to maintain, all records, logs and other materials required by relevant industry standards or other pollution damages any governmental authority having jurisdiction over the Eligible Railcars required to be maintained in respect of any Railcar as required by any government, including federal, state or municipal or other division of authority thereof, to enable the Vessel, without penalty or charge, lawfully to enter, remain at, or leave any port, place, territorial or contiguous waters of any country, state or municipality in performance as of the Charter without Restatement Date and required under any delay. This obligation shall apply whether subsequent regulation or not such requirements have been lawfully imposed by such government or division of authority thereof. The Charterers shall make and maintain all arrangements by bond or otherwise as may be necessary to satisfy such requirements at the Charterers' sole expense and the Charterers shall indemnify the Owners against all consequences whatsoever (including loss of time) for any failure or inability to do soruling.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

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