Common use of Pilotage Clause in Contracts

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted and (ii) boarding, on board or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, actions liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted and (ii) boarding, on board boarding or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted and (ii) boarding, on board or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, pilotage so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel Vessel, participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, Contract and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the a docking and/or state pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actionsaction, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or of willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted assisted, and (ii) boarding, on board boarding or disembarking from a Tug or other vessel Vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, trainee or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, pilotage so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel Vessel, participates in directing the navigation of such Vessel, or in directing the assisting Tugs, Tugs from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and OWNERS. Such person or company agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the a docking and/or state pilot without charge to and/or from the Vessel being assisted hereunderassisted, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actionsaction, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or of willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute en route to or from the Vessel being assisted assisted, and (ii) boarding, on board boarding or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners to all the provisions of this Schedule, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted and (ii) boarding, on board boarding or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug tug which is furnished to or is engaged in the service of assisting a Vessel vessel participates in directing the navigation of such Vesselvessel, or in directing the assisting Tugstugs, from on board such Vessel vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel vessel assisted and her owner or operator for all purposes and in every respect, his services while so engaged being the work of the Vessel vessel assisted, her owner and operator, and being subject to the exclusive supervision and control of the Vesselvessel's personnel. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and Tug Interests shall not be liable for any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels vessels that are not owned by the person or company ordering the Tug tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel vessel owners to all the provisions of this Schedulethe preceding paragraph, and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the pilot without charge to and/or from the Vessel vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, actions liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel vessel being assisted and (ii) boarding, on board boarding or disembarking from a Tug tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.

Pilotage. x. XXXXX does not furnish pilots or pilotage, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service of assisting a Vessel participates in directing the navigation of such Vessel, or in directing the assisting Tugs, Tugs from on board such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner or operator OWNERS for all purposes and in every respect, his the pilot’s services while so engaged being the work of the Vessel assisted, her owner assisted and operator, OWNERS and being subject to the exclusive supervision and control of the Vessel's personnelmaster or OWNERS’ other command personnel aboard. Any such service performed by any such person is beyond the scope of his employment, if any, for XXXXX and OWNERS shall indemnify, defend and hold harmless Tug Interests shall not be liable for any and all damages arising out of any act or omission of any such person. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XXXXX. b. With respect to Vessels that are not owned by the person or company ordering the Tug service, it is understood and agreed that such person or company warrants that it has authority to bind the Vessel owners owners/operators to all the provisions of this Schedule, Schedule and agrees to indemnify and hold Tug Interests harmless from all damages and expenses that may be sustained or incurred in the event and in consequence of such person or company not having such authority. c. In consideration of XXXXX transporting the a pilot without charge to and/or from the Vessel being assisted hereunder, OWNERS agree that they shall indemnify, defend, and hold harmless Tug Interests from and against any and all claims, demands, causes of actions, liabilities and costs (including attorney’s fees) incurred in connection with or arising out of any claim by or on behalf of a pilot for personal injury or death sustained while being transported by XXXXX to or from the Vessel being assisted, excepting only any injury sustained by said pilot to the extent attributable to the gross or willful negligence of XXXXX. As used herein, the term “being transported by XXXXX” shall include, without limitation, all time when the pilot is (i) present on XXXXX’x shoreside premises enroute to or from the Vessel being assisted and (ii) boarding, on board or disembarking from a Tug or other vessel supplied by or on behalf of XXXXX. As used herein, the term “pilot” shall also include any assistant pilot, trainee, or other person who may accompany the pilot in any capacity.