Managers’ Obligations 153. 4.1 The Managers undertake to use their best endeavours to 154 provide the agreed Management Services as agents for and on 155 behalf of the Owners in accordance with sound ship management 156 practice and to protect and promote the interests of the Owners in 157 all matters relating to the provision of services hereunder. 158 Provided, however, that the Managers in the performance of their 159 management responsibilities under this Agreement shall be entitled 160 to have regard to their overall responsibility in relation to other vessels 161 of the United Maritime Group as may from time to time be entrusted to their 162 management and in particular, but without prejudice to the generality 163 of the foregoing, the Managers shall be entitled to allocate available supplies, 164 manpower and services in such manner as in the prevailing 165 circumstances the Managers in their absolute discretion consider 166 to be fair and reasonable. 167 4.2 Where the Managers are providing Technical Management 168 in accordance with sub-clause 3.2, they shall procure that the 169 requirements of the law of the flag of the Vessel are satisfied and 170 they shall in particular be deemed to be the "Company" as defined 171 by the ISM Code, assuming the responsibility for the operation of 172 the Vessel and taking over the duties and responsibilities imposed 173 by the ISM Code and the ISPS Code when applicable. 174 5. Owners' Obligations 175 5.1 The Owners shall pay all sums due to the Managers punctually 176 in accordance with the terms of this Agreement. 177 5.2 Where the Managers are providing Technical Management 178 in accordance with sub-clause 3.2, the Owners shall: 179 (i) procure that all officers and ratings supplied by them or on 180 their behalf comply with the requirements of STCW 95; 181 (ii) instruct such officers and ratings to obey all reasonable orders 182 of the Managers in connection with the operation of the 183 Managers' safety management system. 184 5.3 Where the Managers are not providing Technical Management 185 in accordance with sub-clause 3.2, the Owners shall procure that 186 the requirements of the law of the flag of the Vessel are satisfied 187 and that they, or such other entity as may be appointed by them 188 and identified to the Managers, shall be deemed to be the 189 "Company" as defined by the ISM Code assuming the responsibility 190 for the operation of the Vessel and taking over the duties and 191 responsibilities imposed by the ISM Code when applicable. 192
Appears in 2 contracts
Samples: Management Agreement (Seanergy Maritime Holdings Corp.), Management Agreement (United Maritime Corp)
Managers’ Obligations 153. 4.1 The Managers undertake to use their best endeavours to 154 provide the agreed Management Services as agents for and on 155 behalf of the Owners in accordance with sound ship management 156 practice and to protect and promote the interests of the Owners in 157 all matters relating to the provision of services hereunder. 158 Provided, however, that the Managers in the performance of their 159 management responsibilities under this Agreement shall be entitled 160 to have regard to their overall responsibility in relation to other all vessels 161 of the United Maritime Group as may from time to time be entrusted to their 162 management and 162 in particular, but without prejudice to the generality 163 of the foregoing, 163 the Managers shall be entitled to allocate available supplies, 164 manpower and services in such manner as in the prevailing 165 circumstances the Managers in their absolute discretion consider 166 to be fair and reasonable. The Managers shall not give 167 preferential treatment to any vessel owned by CMA CGM and its subsidiaries to the detriment of the Vessel or its Owners.
4.2 Where the Managers are providing Technical Management 168 in accordance with sub-clause 3.2, they shall procure that the 169 requirements of the law of the flag of the Vessel are satisfied and 170 they shall in particular be deemed to be the "“Company" ” as defined 171 by the ISM Code, assuming the responsibility for the operation of 172 the Vessel and taking over the duties and responsibilities imposed 173 by the ISM Code and the ISPS Code when applicable. 174 5. Owners' ’ Obligations 175 175
5.1 The Owners shall pay all sums due to the Managers punctually 176 in accordance with the terms of this Agreement. 177
5.2 Where the Managers are providing Technical Management 178 in accordance with sub-clause 3.2, the Owners shall: 179
(i) procure that all officers and ratings supplied by them or on 180 their behalf comply with the requirements of STCW 95; 181 181
(ii) instruct such officers and ratings to obey all reasonable orders 182 of the Managers in connection with the operation of the 183 Managers' ’ safety management system. 184
5.3 Where the Managers are not providing Technical Management 185 in accordance with sub-clause 3.2, the Owners shall procure that 186 the requirements of the law of the flag of the Vessel are satisfied 187 and that they, or such other entity as may be appointed by them 188 and identified to the Managers, shall be deemed to be the 189 "“Company" ” as defined by the ISM Code assuming the responsibility 190 for the operation of the Vessel and taking over the duties and 191 responsibilities imposed by the ISM Code when applicable. 192
Appears in 2 contracts
Samples: Ship Management Agreement (Global Ship Lease, Inc.), Standard Ship Management Agreement (Global Ship Lease, Inc.)
Managers’ Obligations 153. 4.1 The Managers undertake to use their best endeavours 154 commercially reasonable efforts to 154 provide the agreed Management Services as agents for and on 155 behalf of the Owners in accordance with sound ship management 156 practice and to protect and promote the interests of the Owners in 157 all matters relating to the provision of services hereunder. 158 Provided, however, that the Managers in the performance of their 159 management responsibilities under this Agreement shall be entitled 160 to have regard to their overall responsibility in relation to other all vessels 161 of the United Maritime Group as may from time to time be entrusted to their 162 management and 162 in particular, but without prejudice to the generality 163 of the foregoing, 163 the Managers shall be entitled to allocate available supplies, 164 manpower and services in such manner as in the prevailing 165 circumstances the Managers in their absolute discretion consider 166 to be fair and reasonable. 167 167
4.2 Where the Managers are providing Technical Management 168 in accordance with sub-clause 3.2, they shall procure that the 169 requirements of the law of the flag of the Vessel are satisfied and 170 they shall in particular be deemed to be the "“Company" ” as defined 171 by the ISM Code, assuming the responsibility for the operation of 172 the Vessel and taking over the duties and responsibilities imposed 173 by the ISM Code and and/or the ISPS Code when applicable. 174 5. Owners' Obligations 175 5.1 The Owners shall pay all sums due to 174
4.3 In the exercise of their duties hereunder, the Managers punctually 176 shall act in accordance with the terms of reasonable policies, guidelines and instructions from time to time communicated to it in writing by the Owners.
4.4 During this Agreement. 177
5.2 Where , the Managers are providing Technical Management 178 shall promote the business of the Owners in accordance with sub-clause 3.2the directions of the authorized representative or, as the case may be, representatives of the Owners and shall at all times use commercially reasonable efforts to conform to, and comply with, the Owners shall: 179
(i) procure that all officers lawful and ratings supplied reasonable directions, regulations or recommendations made by them or on 180 their behalf comply with such authorized representative or, as the requirements of STCW 95; 181 (ii) instruct such officers and ratings to obey all reasonable orders 182 of the Managers in connection with the operation of the 183 Managers' safety management system. 184
5.3 Where the Managers are not providing Technical Management 185 in accordance with sub-clause 3.2case may be, the Owners shall procure that 186 the requirements of the law of the flag of the Vessel are satisfied 187 and that they, or such other entity as may be appointed by them 188 and identified to the Managers, shall be deemed to be the 189 "Company" as defined by the ISM Code assuming the responsibility 190 for the operation of the Vessel and taking over the duties and 191 responsibilities imposed by the ISM Code when applicable. 192representatives.
Appears in 1 contract
Samples: Standard Ship Management Agreement (Costamare Inc.)
Managers’ Obligations 153. 4.1 The Managers undertake to use their best endeavours to 154 provide the agreed Management Services as agents for and on 155 behalf of the Owners in accordance with sound ship management 156 practice and to protect and promote the interests of the Owners in 157 all matters relating to the provision of services hereunder. 158 Provided, however, that the Managers in the performance of their 159 management responsibilities under this Agreement shall be entitled 160 to have regard to their overall responsibility in relation to other all vessels 161 of the United Maritime Group as may from time to time be entrusted to their 162 management and 162 in particular, but without prejudice to the generality 163 of the foregoing, 163 the Managers shall be entitled to allocate available supplies, 164 manpower and services in such manner as in the prevailing 165 circumstances the Managers in their absolute discretion consider 166 to be fair and reasonable. 167 167
4.2 Where the Managers are providing Technical Management 168 in accordance with sub-clause 3.2, they shall procure that the 169 requirements of the law of the flag of the Vessel are satisfied and 170 they shall in particular be deemed to be the "“Company" ” as defined 171 by the ISM Code, assuming the responsibility for the operation of 172 the Vessel and taking over the duties and responsibilities imposed 173 by the ISM Code and the ISPS Code when applicable. 174 5. Owners' ’ Obligations 175 175
5.1 The Owners shall pay all sums due to the Managers punctually 176 in accordance with the terms of this Agreement. 177
5.2 Where the Managers are providing Technical Management 178 in accordance with sub-clause 3.2, the Owners shall: 179
(i) procure that all officers and ratings supplied by them or on 180 their behalf comply with the requirements of STCW 95; 181 181
(ii) instruct such officers and ratings to obey all reasonable orders 182 of the Managers in connection with the operation of the 183 Managers' ’ safety management system. 184
5.3 Where the Managers are not providing Technical Management 185 in accordance with sub-clause 3.2, the Owners shall procure that 186 the requirements of the law of the flag of the Vessel are satisfied 187 and that they, or such other entity as may be appointed by them 188 and identified to the Managers, shall be deemed to be the 189 "“Company" ” as defined by the ISM Code assuming the responsibility 190 for the operation of the Vessel and taking over the duties and 191 responsibilities imposed by the ISM Code when applicable. 192
Appears in 1 contract
Samples: Standard Ship Management Agreement (KNOT Offshore Partners LP)
Managers’ Obligations 153. 4.1 The Managers undertake to use their best endeavours to 154 provide the agreed Management Services as agents for and on 155 behalf of the Owners in accordance with sound ship management 156 practice and to protect and promote the interests of the Owners in 157 all matters relating to the provision of services hereunder. 158 Provided, however, that the Managers in the performance of their 159 management responsibilities under this Agreement shall be entitled 160 to have regard to their overall responsibility in relation to other vessels 161 of the United Maritime Seanergy Group as may from time to time be entrusted to their 162 management and in particular, but without prejudice to the generality 163 of the foregoing, the Managers shall be entitled to allocate available supplies, 164 manpower and services in such manner as in the prevailing 165 circumstances the Managers in their absolute discretion consider 166 to be fair and reasonable. 167 4.2 Where the Managers are providing Technical Management 168 in accordance with sub-clause 3.2, they shall procure that the 169 requirements of the law of the flag of the Vessel are satisfied and 170 they shall in particular be deemed to be the "“Company" ” as defined 171 by the ISM Code, assuming the responsibility for the operation of 172 the Vessel and taking over the duties and responsibilities imposed 173 by the ISM Code and the ISPS Code when applicable. 174 5. Owners' ’ Obligations 175 5.1 The Owners shall pay all sums due to the Managers punctually 176 in accordance with the terms of this Agreement. 177
5.2 Where the Managers are providing Technical Management 178 in accordance with sub-clause 3.2, the Owners shall: 179
(i) procure that all officers and ratings supplied by them or on 180 their behalf comply with the requirements of STCW 95; 181 (ii) instruct such officers and ratings to obey all reasonable orders 182 of the Managers in connection with the operation of the 183 Managers' ’ safety management system. 184
5.3 Where the Managers are not providing Technical Management 185 in accordance with sub-clause 3.2, the Owners shall procure that 186 the requirements of the law of the flag of the Vessel are satisfied 187 and that they, or such other entity as may be appointed by them 188 and identified to the Managers, shall be deemed to be the 189 "“Company" ” as defined by the ISM Code assuming the responsibility 190 for the operation of the Vessel and taking over the duties and 191 responsibilities imposed by the ISM Code when applicable. 192
Appears in 1 contract
Samples: Management Agreement (Seanergy Maritime Holdings Corp.)