No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement), Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 2 contracts
Samples: Standard Terms and Conditions for Channel Access, Standard Terms and Conditions for Channel Access
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel Common User Wharves (other than for breach by the Owner of this Agreement), Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Common User Wharves for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 2 contracts
Samples: Standard Terms and Conditions, Standard Terms and Conditions for Berthing
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel Dedicated Facility (other than for breach by the Owner of this Agreement), Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Dedicated Facility for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 2 contracts
Samples: Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities, Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement)Common User Wharves, Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Common User Wharves for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 2 contracts
Samples: Standard Terms and Conditions for Owners Berthing, Standard Terms and Conditions for Owners Berthing at Port of Melbourne Common User Wharves
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel Common User Terminal (other than for breach by the Owner of this Agreement), Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) Hirer any monies paid in advance by the Owner or the Shipping Agent Hirer in respect of the applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Common User Terminal for which permission for access or use is withdrawn. The Shipping Agent Hirer acknowledges and the Owner acknowledge and agree agrees that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner Hirer is not entitled to, to any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 2 contracts
Samples: Standard Terms and Conditions, Standard Terms and Conditions
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement)Channel, Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 1 contract
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement)Dedicated Facility, Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable relevant Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Dedicated Facility for which permission for access or use is withdrawniswithdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permissionofpermission.
Appears in 1 contract
Samples: Standard Terms and Conditions for Owners Berthing at Port of Melbourne Dedicated Facilities
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement)Channel, Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 1 contract
Samples: Channel Access Agreement
No Compensation. If Port of Melbourne withdraws permission for use of or access to the Channel (other than for breach by the Owner of this Agreement)Dedicated Facility, Port of Melbourne shall refund to the Owner or the Shipping Agent (as applicable) any monies paid in advance by the Owner or the Shipping Agent in respect of applicable relevant Port Charges for any proposed Access Period that does not proceed, or for the use of the Channel Dedicated Facility for which permission for access or use is withdrawn. The Shipping Agent and the Owner acknowledge and agree that Port of Melbourne is not obliged to pay, and neither the Shipping Agent nor the Owner is entitled to, any other remedy, compensation or damages for any such withdrawal of permission.
Appears in 1 contract
Samples: Standard Terms and Conditions