Common use of Managers’ Right to Sub-Contract Clause in Contracts

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the “Sub-Managers”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: (i) any such performance of all or any of the Managers’ obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 2 contracts

Samples: Novation Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)

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Managers’ Right to Sub-Contract. 10.1 The Managers shall not have the right be entitled to procure sub-contract any performance of their the Managers’ Manager’s obligations hereunder hereunder, including those mentioned in sub-clause 3.1, without by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the prior written consent “Sub-Managers”) in In accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent10: (i) any of I. Any such performance of all or any of the Managers’ Manager’s obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; (ii) . II. the Owners which hereby agree with the Managers that shall not be unreasonably withheld. In the event of such a sub contract insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice prejeduce to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ Managers duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain fully liable solely responsible to the Owners for the due. performance of their obligations under hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Dorian LPG Ltd.)

Managers’ Right to Sub-Contract. 10.1 9.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder with the Owners prior written consent which shall not be unreasonably withheld or delayed by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the “Sub-Managers”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: 9.1:- (i) any such performance of all or any of the Managers’ obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; ; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 1110; and and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain solely responsible to the Owners for performance of their obligations hereunder. 10.2 9.2 The provisions of Clause 10.1 9.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Ship Management Agreement (Omega Navigation Enterprises, Inc.)

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers' obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the "Sub-Managers") in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: (i) any such performance of all or any of the Managers' obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and (iii) any performance of the Managers' obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers' duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.. 11. Responsibilities 11.1

Appears in 1 contract

Samples: Ship Technical Management Agreement (Seanergy Maritime Holdings Corp.)

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers' obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the "Sub-Managers") in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: : (i) any such performance of all or any of the Managers' obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; ; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and and (iii) any performance of the Managers' obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers' duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Ship Technical Management Agreement (Seanergy Maritime Holdings Corp.)

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder under this Agreement by their parent, subsidiary or associated companies or (in the case of Other Services) by third parties (hereinafter collectively called the referred to in this Agreement as “Sub-ManagersContractors”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: (i) any 10. 10.2 Any such performance of all or any of the Managers’ obligations by the Sub-Managers Sub Contractors shall be and deemed to constitute full and sufficient performance by the Managers of their obligations hereunder; under this Agreement. 10.3 The Sub-Contractors shall be solely responsible to the Owners for performance of all or any of the Managers’ obligations (iiunder this Agreement) which have been sub-contracted to the Sub-Contractors. For the avoidance of doubt, under no circumstances shall the Managers be responsible to the Owners for any matter which has been sub-contracted to the Sub-Contractors. 10.4 The Owners hereby agree with the Managers that: (i) all contracts made with any Sub-Contractors (referred to in this Agreement as “Sub-Contracts”) shall be entered into between the Owners and the Sub-Contractors; and (ii) all Sub-Contracts shall govern the respective rights and obligations agreed between the Owners and the Sub-Contractors. 10.5 The Owners hereby agree with the Managers (the Managers acting in their capacity as agents and trustees for the Sub-Contractors) that insofar as the Sub-Managers Contractors perform the obligations of the Managers the Sub-Managers Contractors shall be entitled to the benefits direct payment from the Owners in accordance with the terms of the provisions of Clause 11; and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunderContracts. 10.2 10.6 The provisions of this Clause 10.1 10 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Shipmanagement Agreement (Pyxis Tankers Inc.)

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the “Sub-Managers”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: : (i) any such performance of all or any of the Managers’ obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; ; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.. Ship Technical Management Agreement OWNERS MANAGERS V.SHIPS SHIP MANAGEMENT AGREEMENT Version Number : 01-2018 Page Number : 16 of 29 Doc: VSMA File :

Appears in 1 contract

Samples: Ship Technical Management Agreement (United Maritime Corp)

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Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers' obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the "Sub-Managers") in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: (i) any such performance of all or any of the Managers' obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and (iii) any performance of the Managers' obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers' duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Ship Technical Management Agreement (Seanergy Maritime Holdings Corp.)

Managers’ Right to Sub-Contract. 10.1 9.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the “Sub-Managers”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: 9.1:- (i) any such performance of all or any of the Managers’ obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; ; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 1110; and and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain solely responsible to the Owners for performance of their obligations hereunder. 10.2 9.2 The provisions of Clause 10.1 9.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Ship Management Agreement (Eagle Bulk Shipping Inc.)

Managers’ Right to Sub-Contract. 10.1 The Managers shall be entitled to procure performance of the Managers’ obligations hereunder by their parent, subsidiary or associated companies or (in the case of Other Services) third parties (hereinafter collectively called the “Sub-Managers”) in accordance with the following provisions of this Clause 10.1, provided that the Owners have given their prior written consent: : (i) any such performance of all or any of the Managers’ obligations by the Sub-Managers shall be and constitute full and sufficient performance by the Managers of their obligations hereunder; (ii) the Owners hereby agree with the Managers that insofar as the Sub-Managers perform the obligations of the Managers the Sub-Managers shall be entitled to the benefits of the provisions of Clause 11; and (iii) any performance of the Managers’ obligations by the Sub-Managers shall be without prejudice to the rights of the Owners hereunder for any failure by the Managers in performance of the Managers’ duties and obligations hereunder and notwithstanding performance by the Sub-Managers the Managers shall remain responsible to the Owners for performance of their obligations hereunder. 10.2 The provisions of Clause 10.1 shall remain in force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Ship Technical Management Agreement (Seanergy Maritime Holdings Corp.)

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