Notice of Lien. Owner acknowledges that pursuant to 10 M.R.S.A. § 1381 et seq. the Vessel, along with any motor, trailer, tackle, apparel, and furniture are subject to a lien to secure payment for any and all amount due Marina under this agreement. Owner further acknowledges that services provided under this Agreement are necessary for either preservation of the Vessel or for its safe and effective operations. If Owner fails to pay full amount due within 30 days of the due date, Xxxxxx shall have the right to resort to any and all remedies granted under applicable law. Owner agrees that in the event Xxxxxx must pursue enforcement of the lien created by this paragraph, a “reasonable expense of the sale” under 10 M.R.S.A. § 1385 includes attorney fees accrued prior to the sale of the Vessel, including all legal fees incurred by Xxxxxx in any litigation to enforce this lien, where Xxxxxx is the prevailing party. Owner agrees to reimburse Marina for any other costs and attorneys fees not otherwise awarded to Xxxxxx under statute incurred in the collection of payment under the Agreement.
Appears in 3 contracts
Samples: Winterization and Storage Agreement, Winterization and Storage Agreement, Winterization and Storage Agreement
Notice of Lien. Owner acknowledges that pursuant to 10 M.R.S.A. § 1381 et seq. the Vessel, along with any motor, trailer, tackle, apparel, and furniture are subject to a lien to secure payment for any and all amount due Marina under this agreement. Owner further acknowledges that services provided under this Agreement are necessary for either preservation of the Vessel or for its safe and effective operations. If Owner fails to pay full amount due within 30 days of the due date, Xxxxxx shall have the right to resort to any and all remedies granted under applicable law. Owner agrees that in the event Xxxxxx must pursue enforcement of the lien created by this paragraph, a “"reasonable expense of the sale” " under 10 M.R.S.A. § 1385 includes attorney fees accrued prior to the sale of the Vessel, including all legal fees incurred by Xxxxxx in any litigation to enforce this lien, where Xxxxxx is the prevailing party. Owner agrees to reimburse Marina for any other costs and attorneys attorney’s fees not otherwise awarded to Xxxxxx under statute incurred in the collection of payment under the Agreement.
Appears in 2 contracts
Notice of Lien. Owner acknowledges that pursuant to 10 M.R.S.A. § 1381 et seq. and/or Federal Admiralty Law, the Vessel, along with any motor, trailer, tackle, apparel, and furniture are subject to a lien to secure payment for any and all amount due Marina YBY under this agreement. Owner further acknowledges that services provided under this Agreement are necessary for either preservation of the Vessel or for its safe and effective operations. If Owner fails to pay full amount due within 30 days of the due date, Xxxxxx YBY shall have the right to resort to any and all remedies granted under applicable law. Owner agrees that in the event Xxxxxx XXX must pursue enforcement of the lien created by this paragraph, a “reasonable expense of the sale” under 10 M.R.S.A. § 1385 includes attorney fees accrued prior to the sale of the Vessel, including all legal fees incurred by Xxxxxx XXX in any litigation to enforce this lien, where Xxxxxx XXX is the prevailing party. Owner agrees to reimburse Marina XXX for any other costs and attorneys attorney’s fees not otherwise awarded to Xxxxxx YBY under statute incurred in the collection of payment under the Agreement.
Appears in 1 contract
Samples: Storage Contract