Common use of PILOTAGE Clause in Contracts

PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels making use of or having available their own propelling power, 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 making use of or having available her own propelling power at the commencement of such service, participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from onboard such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner, operator and charterer 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 Tug Interests and neither those furnishing the Tugs or lending any such person, nor Tug Interests shall be liable for any act or omission of any such person. For the purposes of this paragraph, Vessels making use of or having available their own propelling power shall be deemed to include Tug/barge units and Vessels of any description having, at any time the service is commenced, another Tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxx.

Appears in 2 contracts

Samples: Towing And, Everglades Towing Contract

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PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels making use of or having available their own propelling power, so that whenever any licensed pilot, or a captain of any Tug which is furnished to or is engaged in the service services of assisting a Vessel making use of or having available her own propelling power at the commencement of such service, participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from onboard such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner, operator and charterer 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 Tug Interests and neither those furnishing the Tugs or lending any such person, nor Tug Interests XxXxxxxxxx shall be liable for any act or omission of any such person. For the purposes of this paragraph, Vessels making use of or having available their own propelling power shall be deemed to include Tugtug/barge units and Vessels vessels of any description having, at any time the service is commenced, another Tug tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxx.

Appears in 1 contract

Samples: mcallistertowing.com

PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels making use of or having available their own propelling power, 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 making use of or having available her own propelling power at the commencement of such serviceTug Service, participates in directing the navigation of such Vessel, or in directing the assisting Tugs, from onboard such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her ownerOwner, operator and charterer for all purposes and in every respect, their services while so engaged being the work of the Vessel assisted and her Owner, operator and charterer and being subject to the exclusive supervision and control of the Vessel’s personnelmaster or Owner’s other command personnel aboard. Any such service performed by any such person is beyond the scope of his employment, if any, for Tug Interests and neither those furnishing the Tugs or lending any such personOwner shall indemnify, nor defend and hold harmless Tug Interests shall be liable for any and all damages arising out of any act or omission of any such person. For the purposes of this paragraph, Vessels making use of or having available their own propelling power shall be deemed to include (but not be limited to) Tug/barge units and Vessels of any description having, at any time the Tug service is commenced, another Tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxxMcAllister.

Appears in 1 contract

Samples: assets.ctfassets.net

PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels vessels making use of or having available their own propelling power, so that whenever any licensed pilot, or a captain of any Tug tug which is furnished to or is engaged in the service services of assisting a Vessel vessel making use of or having available her own propelling power at the commencement of such service, participates in directing the navigation of such Vesselvessel, or in directing the assisting Tugstugs, from onboard such Vessel vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel vessel assisted and her owner, operator and charterer xxxxxxxxx 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 Tug Interests and neither those furnishing the Tugs tugs or lending any such person, nor Tug Interests XxXxxxxxxx shall be liable for any act or omission of any such person. For the purposes of this paragraph, Vessels vessels making use of or having available their own propelling power shall be deemed to include Tugtug/barge units and Vessels vessels of any description having, at any time the service is commenced, another Tug tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxx.

Appears in 1 contract

Samples: Towing Contract

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PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels vessels making use of or having available their own propelling power, so that whenever any licensed pilot, or a captain of any Tug tug which is furnished to or is engaged in the service services of assisting a Vessel vessel making use of or having available her own propelling power at the commencement of such service, participates in directing the navigation of such Vesselvessel, or in directing the assisting Tugstugs, from onboard such Vessel vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel vessel assisted and her owner, operator and charterer 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 Tug Interests and neither those furnishing the Tugs tugs or lending any such person, nor Tug Interests XxXxxxxxxx shall be liable for any act or omission of any such person. For the purposes of this paragraph, Vessels vessels making use of or having available their own propelling power shall be deemed to include Tugtug/barge units and Vessels vessels of any description having, at any time the service is commenced, another Tug tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxx.

Appears in 1 contract

Samples: mcallistertowing.com

PILOTAGE. a. Tug Interests do not furnish pilots or pilotage to Vessels making use of or having available their own propelling power, so that whenever any licensed pilot, or a captain of any Tug tug which is furnished to or is engaged in the service services of assisting a Vessel making use of or having available her own propelling power at the commencement of such service, participates in directing the navigation of such Vessel, or in directing the assisting Tugstugs, from onboard such Vessel or from elsewhere, it is agreed that he becomes the borrowed servant of the Vessel assisted and her owner, operator and charterer 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 Tug Interests and neither those furnishing the Tugs tugs or lending any such person, nor Tug Interests XxXxxxxxxx shall be liable for any act or omission of any such person. For the purposes of this paragraph, Vessels making use of or having available their own propelling power shall be deemed to include Tugtug/barge units and Vessels of any description having, at any time the service is commenced, another Tug tug in assistance. The provisions of this paragraph may not be changed or modified in any manner whatsoever except by written instrument signed by an officer of XxXxxxxxxx.

Appears in 1 contract

Samples: Towing of Baltimore

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