Common use of Owner’s Obligations Clause in Contracts

Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area

Appears in 6 contracts

Samples: Ship Management Agreement (DryShips Inc.), Ship Management Agreement (DryShips Inc.), Ship Management Agreement (DryShips Inc.)

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Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers Managers, through the Commercial Managers, the Exclusive Broker (if applicable) or otherwise, prior to ordering any order for the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My Any delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an areaarea shall be for the Owners’ account. Should the Vessel be within an area which becomes an excluded or additional premium area the above provisions relating to cost and delay shall apply; (ii) agree with the Managers prior to any change of flag of the Vessel and pay whatever additional costs may properly be incurred by the Managers as a consequence of such change; and (iii) provide, at no cost to the Managers, in accordance with the requirements of the law of the Flag State, or higher standard, as mutually agreed, adequate Crew accommodation and living standards.

Appears in 4 contracts

Samples: Ship Management Agreement (Global Ship Lease, Inc.), Ship Management Agreement (Global Ship Lease, Inc.), Supervision Agreement (Global Ship Lease, Inc.)

Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My Any delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area

Appears in 2 contracts

Samples: Master Agreement, Master Agreement (Scorpio Tankers Inc.)

Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely timel y manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause Sub -clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My Any delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an areaarea shall be for the Owners’ account. Should the Vessel be within an area which becomes an excluded or additional premium area the above provisions relating to cost and delay shall apply;

Appears in 2 contracts

Samples: Shipman 2009 Standard Ship Management Agreement (Okeanis Eco Tankers Corp.), Shipman 2009 Standard Ship Management Agreement (Okeanis Eco Tankers Corp.)

Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area

Appears in 1 contract

Samples: Standard Ship Management Agreement (Exmar Energy Partners LP)

Owner’s Obligations. 11.1 The Owner must do all things necessary to comply with the terms of this Agreement and to enable the Manager to comply with its obligations under this Agreement, including, without limitation: (a) payment of all fees, charges or costs in accordance with this Agreement (including, but not limited to the Rental Scheme Management Fee, the Expenses and the Service Charges, if not deducted from the Total Pooled Revenue by the Manager); (b) if required by the Manager, execute a declaration of adherence to this Agreement; (c) signing other documents, and/or approving any documents of whatsoever nature, as may be required by the Manager from time to time in relation to this Agreement or in the course of business in order to fulfil any and all obligations and duties under this Agreement and any other agreement entered into by the Manager on behalf of the Owner (if any); and (d) allow the Manager unfettered and exclusive rights (subject to the terms of this Agreement) to have access to the Unit to enable it to carry out the Managed Rental Scheme Services in accordance with the terms and conditions of this Agreement. 11.2 The Owners Owner agrees to fully co-operate with the Manager, the operator(s) (if any), the contractor(s) (if any) and other owners in promoting the Unit, the Building and the Managed Rental Scheme, and shall comply with the terms of this Agreement at all times. 11.3 The Owner agrees to execute, register and maintain the Power of Attorney in accordance with clause 22 hereunder. 11.4 The Owner agrees that the Manager may allow the Unit to be used by Guests upon commercial terms which are to the benefit of the Building and/or the Unit which may include competition prizes/free stays or other incentives. The Owner shall not dispute the determining of such commercial terms for any reason whatsoever. 11.5 The Owner acknowledges and agrees that the Owner, any successors or assigns shall automatically be bound by the terms of this Agreement for the duration of the Managed Rental Scheme Period. 11.6 The Owner irrevocably authorises the Manager to deduct the Rental Scheme Management Fee, the Expenses, the Service Charges and any other amounts payable by the Owner under this Agreement from the Total Pooled Revenue in accordance with this Agreement. 11.7 The Owner shall comply with all rules, regulations or policies in force from time to time in respect of the Unit, the Residential Component, the Building and the Master Community, as directed by the Manager (in any of its capacities) and the Master Developer from time to time. 11.8 If requested by the Manager, the Owner must do all things and sign all documents as may be required by the Manager to enable it to take any action (litigation or otherwise) to recover any moneys owing by any Guest. 11.9 The Owner acknowledges that nothing in this Agreement obliges or compels the Manager to take any action (litigation or otherwise) to seek to recover any monies owed by the Guest should the Manager consider, in its absolute discretion, that pursuing such recovery is not commercially worthwhile. 11.10 Nothing contained in this Agreement absolves the Owner from its responsibility to pay all sums due Expenses, Service Charges or other contributions to the Managers punctually Owners’ Association and the Manager may, at any time, direct the Owner to pay all or any of the Expenses, the Service Charges or other contributions directly to the operator(s), contractor(s), utility provider or service providers that have provided such service or the Service Charges or other contributions directly to the Owners' Association, the Master Developer or other relevant body as the case may be. 11.11 The Owner shall be responsible for all interest, penalties or charges raised by any operator(s), contractor(s), utility provider, service providers, the Owners' Association, the Master Developer or other relevant body against the Unit as a result of the Owner's failure to pay any Expenses or Service Charges including any shortfall in the Expenses or Service Charges referred to in clause 11.10. 11.12 The Owner warrants that for the Managed Rental Scheme Period, the Unit will remain free from any encumbrances or other restrictions including, but not limited to, any leases, which could in any way adversely affect the Manager’s rights or ability to manage and operate the Unit on behalf of the Owner as part of the Managed Rental Scheme. 11.13 Any mortgage or other agreements entered into by the Owner with respect to the Unit must provide, that this Agreement will continue in force, subject to the Manager’s discretion, in case of any change of possession or ownership of the Unit for any reason, including a default or foreclosure. 11.14 The Owner agrees that it will enter into any addendum of the Sale and Purchase Agreement or any other agreement as may be required by the Manager in order to give effect to the rights and obligations contained in this Agreement. 11.15 The Owner will at all times comply with the Constitutional Documents and all rules and regulations of the Owners' Association, the Master Developer and the Authorities as may be applicable from time to time. 11.16 The Owner acknowledges and agrees that Unit Area stated in Paragraph 3 of the Particulars is intended to be the area of the Unit according to the title deed for the Unit issued by the Land Department. If a title deed has not yet been issued by the Land Department for the Unit then the Unit Area shall be the area stated in the Unit Sale and Purchase Agreement, which shall be substituted by the final Unit Area as stated in the Unit title deed when issued. The Owner hereby irrevocably agrees that any difference between the Unit Area stated herein and the Unit Area as stated in the title deed for the Unit may require a re-calculation of Owner’s Share from time to time. The Owner hereby agrees and consents to such re-calculation and acknowledges that the area stated in the title deed for the Unit will be the definitive Unit Area for the purposes of calculation of the Owner’s Share in this Agreement. 11.17 Upon execution of this Agreement, the Owner shall furnish the Manager with all necessary items and documentation required for the effective use, security, and operation of the Unit in accordance with the terms of this Agreement. In Such items and documentation shall include, but not be limited to, the event of payment after following: (a) keys, access cards, and security tags for entry into the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13.Unit and associated facilities; (b) Where manuals and user guides for appliances, fixtures, and equipment within the Managers are providing technical management services in accordance with Clause 4 Unit, such as heating, ventilation, and air conditioning (Technical Management)HVAC) systems, the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM intercom systems, entertainment systems, and ISPS Codessecurity systems; (iic) procure that any officers information related to warranties, service agreements, and ratings supplied maintenance records for the Unit and its contents, as applicable; (d) a comprehensive inventory list of the Unit's contents, including furniture, appliances, and other items provided by them or on their behalf comply with the requirements of STCW 95Owner for the Manager's use in managing the Unit; and (iiie) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection any relevant passwords, codes, or access information for electronic devices, utility accounts, or online portals associated with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the CompanyUnit; and (ivf) unless otherwise agreedany other items, arrange documents, or information necessary for the supply Manager to effectively manage, maintain, and secure the Unit pursuant to the terms and conditions of provisions at their own expensethis Agreement. 11.18 The Owner shall be responsible for subscribing to and maintaining all essential utilities for the Unit, including, but not limited to, electricity, water, chilled water, and gas supply (d) Where where applicable). The Owner shall ensure that such utilities are active and available for the Managers Manager's use during the Term of this Agreement. The Owner shall provide the Manager with all necessary account information and access to facilitate the efficient management of utility services for the Unit. 11.19 During the Term of this Agreement, the Owner hereby waives their usage rights to the leisure and other facilities within the Building or associated premises, including, but not limited to, swimming pools, gyms, recreational areas, and lounges. The Owner acknowledges and agrees that they are providing crew management services prohibited from utilizing these facilities while this Agreement is in effect, and shall respect the exclusive rights of the Manager and/or the Unit's Guests to access and utilize such facilities in accordance with Sub-clause 5(a) the Owners shall:Building's rules and regulations. (i) inform 11.20 The Owner hereby undertakes that, upon termination of this Agreement for any reason, they shall either enrol in a rental program managed by the Managers prior Manager or personally occupy the Unit. The Owner further undertakes not to ordering engage any agent, leasing agent, or property manager other than the Vessel Manager to secure a tenant for the Unit, and not to independently source a tenant without compensating the Manager with the prevailing Rental Scheme Management Fee at that time. This undertaking shall remain enforceable and binding upon the Owner even after the termination of this Agreement. 11.21 Should any stamp duty, registration fees, or other duties, charges, or taxes be imposed on this Agreement or the Unit at any point during the Term, the Owner shall be solely responsible for the timely payment of all associated costs and expenses in relation to such impositions. The Owner's obligation to cover these costs shall be in addition to any excluded or additional premium area other financial responsibilities stipulated under the terms of this Agreement. 11.22 The effect of this clause 11 shall survive any termination of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an areathis Agreement.

Appears in 1 contract

Samples: Managed Rental Scheme Agreement

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Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply responsible for compliance with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95STCW; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization organisation that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organizationorganisation; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area

Appears in 1 contract

Samples: Vessel Management Agreement

Owner’s Obligations. Owner shall have the sole responsibility and obligation throughout the Term, unless Players and Harrah's (Maryland), as partners of Owner, unanimously elect not xx xx xo, to: (a) The Owners shall pay provide all sums due funds required by Manager for the operation of the Entertainment Facility, as and when required by this Agreement; (b) except for transfers permitted by Article 21.2, maintain good and sufficient record and marketable fee simple title and leasehold estate pursuant to the Managers punctually in accordance with Ground Lease, as the case may be, to the Entertainment Facility, and assure Manager's quiet enjoyment of the Entertainment Facility, free from all exceptions other than Permitted Exceptions and free from interference by any party having rights under any Permitted Exception; (c) obtain, maintain, pay for and provide evidence to Manager of all insurance required by Article 13; (d) construct, equip, furnish, refurbish, reconstruct and improve the Entertainment Facility as from time to time required by the terms of this Agreement. In Agreement (including, without limitation, Articles 2.2, 7.6, 15, and 16); (e) obtain and maintain all Licenses and Permits required for its continued legal existence, authorization to conduct business, ownership of the event Entertainment Facility, and continued operation of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest all facilities at the rate stated Entertainment Facility, as more particularly provided in Box 13.Article 4.1; (bf) Where pay all Impositions assessed against the Managers are providing technical management services Entertainment Facility as same become due and before any action is commenced to enforce the collection or foreclosure of the lien thereof; (g) pay all indebtedness from time to time encumbering or relating to the Entertainment Facility as and when same becomes due and payable and before any action is commenced against Manager, Owner, or the Entertainment Facility for the nonpayment thereof; (h) enforce all agreements in accordance with Clause 4 (Technical Management)effect for the benefit of the Entertainment Facility, including the Owners shall:Permitted Exceptions which, if not enforced, may have an adverse effect upon Manager's enjoyment of Manager's rights or Manager's ability to perform Manager's obligations under this Agreement; and (i) report establish the Operating Budgets and Annual Plans (or where the Owners are not the registered owners of the Vessel procure that the registered owners reportas well as all modifications thereto) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expensemanner. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders including, if necessary, the costs of replacing any member of the Crew. My delays resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an area

Appears in 1 contract

Samples: Management Agreement (Players International Inc /Nv/)

Owner’s Obligations. (a) The Owners shall pay all sums due to the Managers punctually in accordance with the terms of this Agreement. In the event of payment after the due date of any outstanding sums the Manager shall be entitled to charge interest at the rate stated in Box 13. (b) Where the Managers are providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) report (or where the Owners are not the registered owners of the Vessel procure that the registered owners report) to the Flag State administration the details of the Managers as the Company as required to comply with the ISM and ISPS Codes; (ii) procure that any officers and ratings supplied by them or on their behalf comply with the requirements of STCW 95; and (iii) instruct such officers and ratings to obey all reasonable orders of the Managers (in their capacity as the Company) in connection with the operation of the Managers' safety management system. (c) Where where the Managers are not providing technical management services in accordance with Clause 4 (Technical Management), the Owners shall: (i) procure that the requirements of the Flag State are satisfied and notify the Managers upon execution of this Agreement of the name and contact details of the organization that will be the Company by completing Box 5; (ii) if the Company changes at any time during this Agreement, notify the Managers in a timely manner of the name and contact details of the new organization; (iii) procure that the details of the Company, including any change thereof, are reported to the Flag State administration as required to comply with the ISM and ISPS Codes. The Owners shall advise the Managers in a timely manner when the Flag State administration has approved the Company; and (iv) unless otherwise agreed, arrange for the supply of provisions at their own expense. (d) Where the Managers are providing crew management services in accordance with Sub-clause 5(a) the Owners shall: (i) inform the Managers prior to ordering the Vessel to any excluded or additional premium area under any of the Owners' Insurances by reason of war risks and/or piracy or like perils and pay whatever additional costs may properly be incurred by the Managers as a consequence of such orders order including, if necessary, the costs of replacing any member of the Crew. My delays Any delay resulting from negotiation with or replacement of any member of the Crew as a result of the Vessel being ordered to such an areaarea shall be for the Owners’ account. Should the Vessel be within an area which becomes an excluded or additional premium area the above provisions relating to cost and delay shall apply; (ii) agree with the Managers prior to any change of flag of the Vessel and pay whatever additional costs may properly be incurred by the Managers as a consequence of such change. If agreement cannot be reached then either party may terminate this Agreement in accordance with Sub-clause 22(c); and (iii) provide, at no cost to the Managers, in accordance with the requirements of the law of the Flag State, or higher standard, as mutually agreed, adequate Crew accommodation and living standards. (e) Where the Managers are not the Company, the Owners shall ensure that Crew are properly familiarised with their duties in accordance with the Vessel’s SMS and that instructions which are essential to the SMS are identified, documented and given to the Crew prior to sailing.

Appears in 1 contract

Samples: Shipman 2009 Standard Ship Management Agreement (KNOT Offshore Partners LP)

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