Piracy a) Subject to Clause 37(e) below, if the Vessel proceeds to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, Owners shall be entitled:
i) to take reasonable preventive measures to protect the Vessel, her crew and cargo by proceeding in convoy, using escorts, avoiding day or night navigation, adjusting speed or course, or engaging security personnel or equipment (provided that where security personnel or equipment are supplied by third party, private sector, or nongovernmental entities, such security personnel shall not be armed and such equipment shall be non-lethal), on or about the Vessel;
ii) to follow any orders given by the flag state, any governmental or supra governmental organization; and
iii) where there is an actual, imminent act of piracy, and only after giving Charterers reasonable advance notice, to take a safe and reasonable alternative route in place of the normal, direct or intended route to the next port of call, provided that such alternative route does not, in the case of the Gulf of Aden, physically extend beyond the transit of the Gulf of Aden in which case Owners shall give Charterers reasonable advance notice of the alternative route, an estimate of time and bunker consumption and a revised estimated time of arrival.
b) Subject to sub Clause 37(e) below, *****.
c) Subject to Clause 37(e), the Vessel shall remain on-hire for any time lost taking the measures referred to in sub Clause 37(a) of this Clause.
d) Where, notwithstanding the taking of any of the measures referred to in sub Clause 37(a) above, and where not caused by a lack of due diligence on Owners’ part, and where Charterers have not purchased off-hire insurance pursuant to sub Clause 37(e) below, the Vessel is captured by pirates, hire shall be payable at 100% of the hire rate for the duration of any such capture. As is further set forth in sub Clause 37(e) and for the avoidance of doubt, should Charterers purchase the off-hire insurance more fully described below, the Vessel shall be off-hire during the attack or seizure by pirates.
e) Charterers shall have the option, where the Vessel is scheduled to transit to or through an area in which there is a current risk of piracy, verified by the International Group of P&I Clubs, to require Owners to either (a) extend existing war risk insurance; or (b) purchase off-hire insurance, adding Charterers as co-assured, and which in either case will cover loss of hire, t...
Piracy. Notwithstanding any other provision of this Charter, but subject to Clause 69(f) hereof, the Vessel, unless Owner consents, shall not be ordered to any place where in Owners' reasonable judgment the Vessel may be exposed to any threat of piracy whether such risk existed at time of signing charter or later ("High Risk Piracy Area"). If Owners give their consent to enter a High Risk Piracy Area:
a. the Owner shall be entitled to take reasonable preventative measures to minimize the risk of piracy, including, deviating from the most direct route; waiting for and proceeding in convoy; avoiding day/night navigation; and adjusting speed/course and Charterers to ensure all Bills of Lading allow any and all such deviations;
b. Charterers shall reimburse Owners for additional insurance premia including: hull (war); loss of hire (war) and kidnap and xxxxxx;
c. Charterers shall reimburse Owners for bonuses paid to officers and crew to a pre agreed amount;
d. If, in Owners' reasonable opinion, the threat of piracy to the Vessel increases following the date of this Charter, Owners shall provide prompt written notification to Charterers of: (i) their detailed and reasoned concerns; and (ii) their proposals (including estimated costings) to minimize the piracy risk, including placing enhanced physical hardening equipment and/ or security guards on the Vessel ("Additional Anti- Piracy Measures"). As soon as possible following receipt of Owners written notification, Owners and Charterers shall enter into good faith dialogue in order to mutually agree upon the nature, extent and necessity for the Additional Piracy Measures, failing which Owners shall be entitled to proceed with placing reasonable Anti- Piracy Measures on board the Vessel the cost of which (which shall never exceed the costs which Owners affiliates pay for the same or similar Anti-Piracy Measures) shall be paid for by Owners but which shall be reimbursed to Owners by Xxxxxxxxxx' against production of copy vouchers. At all times, Owners shall remain responsible and liable for any and all actions and omissions of the Anti-Piracy Measures, including the use of armed and/or unarmed guards onboard the Vessel;
e. Owners shall take all reasonable precautions and measures specific for piracy deterrence in piracy prone areas of the world. This shall include using reference material and industry guidelines such as OCIMF Best management Practices (BMP);
f. Owners shall provide Charterers with no less than 45 calendar d...
Piracy. Receiving any portion of the Services without paying for them and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception or reception of any portion of the Services is a violation of various U.S. federal and state laws and of this Agreement. The penalties for violating such laws can include imprisonment and civil damage awards of up to $110,000 per violation.
Piracy. Xtra agrees that it will not authorize parties other than Subscribers to receive the signal of the Channels, nor will it authorize others to copy, take or otherwise reproduce any part of the Channels without the prior written consent of DMX. Xtra further agrees to take all reasonable and practical security measures to prevent the unauthorized or otherwise unlawful copying, taping or distribution of the Channels by others; provided, however, security measures that are equivalent to the security measures taken by DMX in the United States on the same medium to prevent unauthorized or otherwise unlawful copying, taping or distribution of the Channels by others shall be deemed to be adequate security measures for purposes of this sentence.
Piracy. Most software is licensed and protected by federal copyright law. It is illegal to copy or install protected software without proper license(s). Software may be installed on CCS computers under the following conditions:
a. License requirements regarding the method and number of installations must be strictly followed.
b. Software installed on corporation computers is for educational use only and must be approved by the building principal.
c. Software may only be installed by CCS Technology staff or by staff with the permission of their building principal.
d. A log must be kept of all software installed on each machine with the name of the software, date of installation, who installed the software, and the initials of the building principal indicating his/her knowledge that the software was installed and is properly licensed to the corporation.
e. Faculty may install software only on designated faculty and/or student machines
f. Students are not to install software on corporation computers.
g. No software may be installed on computers in lab settings except by the corporation technicians.
h. Network software must be installed by the corporation technicians.
i. Original program media must be kept in the possession of the corporation. NO PERSONAL SOFTWARE IS TO BE INSTALLED ON CORPORATION COMPUTERS.
Piracy. MCSP shall use its best efforts to prevent the unauthorized duplication or pirating of the Product and shall take all available steps to protect against piracy and to protect MICROSOFT's right, title and interest in and to the Product. MCSP shall promptly notify MICROSOFT of any infringement in the Territory of any copyright or of any trademark of MICROSOFT.
Piracy. MagiNet shall not itself, and shall not authorize others to, copy, take or otherwise reproduce any part of the BIT Programming without Bloomberg's prior written authorization and shall take reasonable and practical security measures to prevent the unauthorized or otherwise unlawful copying or taping by others.
Piracy. A. Definition - (Convention of the High Seas 1958) Piracy consists of any of the following acts:
1. Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed:
a. On the high seas, against another ship or aircraft or against persons or property on board such ship or aircraft;
b. Against ship, aircraft, persons or property in a place Outside the jurisdiction of any state;
2. Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or an aircraft;
3. Any act of inciting or of intentionally facilitating an act described in sub-paragraph 1 or sub- paragraph 2 above. A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purposes of committing one of the acts referred to in paragraph II-A. The same applies if the ship or aircraft has been used to commit any such act, as long as it remains under the control of the persons guilty of that said act.
Piracy. DMX-UK agrees that it will not authorize parties other than Subscribers to receive the signal of the Channels, nor will it authorize others to copy, take or otherwise reproduce any part of the Channels without the prior written consent of DMX. DMX-UK further agrees to take all reasonable and practical security measures to prevent the unauthorized or otherwise unlawful copying, taping or distribution of the Channels by others; provided, however, security measures that are equivalent to the security measures taken by DMX in the United States on the same medium to prevent unauthorized or otherwise unlawful copying, taping or distribution of the Channels by others shall be deemed to be adequate security measures for purposes of this sentence.
Piracy. Partner agrees not to engage in the manufacture, use, distribution, supply, marketing or promotion of any counterfeit, pirated, or illegal software, online website content, exam vouchers, User kits or other course materials, whether directly or indirectly, and will assist EC-Council or other relevant parties in the investigation and prosecution of any such activities if requested. EC- Council iLab tools are the only materials from EC-Council Academia Program or EC|A Program which may be uploaded to the Partner's server to enable shared access of licensees but cannot be copied at any time whatsoever. Partner assumes full responsibility of uploading, sharing and maintaining such content and shall absolve EC-Council from all direct and indirect losses, claims or legal liability for any action or inaction that transpires due to the uploading of such content on their servers and the usage of such material by its Users.
