Port Not Responsible Clause Samples
The "Port Not Responsible" clause defines that the port authority or operator is not liable for certain events, damages, or losses that may occur within the port area. Typically, this clause applies to incidents such as cargo damage, vessel accidents, or delays that are outside the port's direct control, for example, those caused by weather, third-party actions, or inherent risks of maritime operations. Its core function is to allocate risk by limiting the port's legal responsibility, thereby protecting the port from claims and clarifying the parties' obligations in the event of unforeseen incidents.
Port Not Responsible. The Port shall not be required to furnish any services or utilities of any nature to the Premises during the term of this Lease, Tenant hereby assuming full and sole responsibility for the supply of and payment for all utilities and services. Furthermore, the Port shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy or water and sewer service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason.
Port Not Responsible. The Port shall not be liable in any way to Operator for any failure or defect in the supply or character of electrical energy, water, sewer or other utility service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason. The Port shall have the right to shut down electrical or other utility services to the Premises when necessitated by safety, repairs, alterations, connections, upgrades, relocations, reconnections, or for any other reason, with respect to any such utility system (singularly or collectively, “Utility Work”), regardless of whether the need for such Utility Work arises in respect of the Premises, any other part of the building or larger premises. Whenever possible, the Port shall give Operator no less than two (2) days prior notice for such utility shutdown. The Port shall not be liable to Operator for any losses, including loss of income or business interruption, resulting from any interruptions or failure in the supply of any utility to the Premises, except when such losses result from the Port’s gross negligence.
Port Not Responsible. The Port shall not be required to furnish any services or utilities of any nature to the Property during the Term of this Agreement, Tenant hereby assuming full and sole responsibility for the supply of and payment for all utilities and services. Furthermore, the Port shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy or water and sewer service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason. However, failure of the Tenant to pay such Operating Expenses or utilities shall not be a breach of this Agreement, so long as the Port is not obligated for such payment or the failure to pay does not result in a lien on the fee title to the Property.
Port Not Responsible. 14.4.1. The Port shall not be required to furnish any services or utilities of any nature to the Property during the Term of this Agreement, Tenant hereby assuming full and sole responsibility for the supply of and payment for all utilities and services. Furthermore, the Port shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy or water and sewer service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason.
14.4.2. With respect to any utility service provided to the Premises as a part of a building or any larger premises of which the Premises are a part, the Port shall have the right to shut down electrical or other utility services to the Premises when necessitated by safety, repairs, alterations, connections, upgrades, relocations, reconnections, or for any other reason, with respect to any such utility system (singularly or collectively, “Utility Work”), regardless of whether the need for such Utility Work arises in respect of the Premises, any other part of the building or larger premises. Whenever possible, the Port shall give Tenant no less than two (2) days prior notice for such utility shutdown. The Port shall not be liable to Tenant for any losses, including loss of income or business interruption, resulting from any interruptions or failure in the supply of any utility to the Premises, except when such losses result from the Port’s gross negligence.
Port Not Responsible. The Port shall not be liable in any way to Concessionaire for any failure or defect in the supply or character of electrical energy or water and sewer service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason. With respect to any utility service provided to the Premises as a part of a building or any larger premises of which the Premises are a part, the Port shall have the right to shut down electrical or other utility services to the Premises when necessitated by safety, repairs, alterations, connections, upgrades, relocations, reconnections, or for any other reason, with respect to any such utility system (singularly or collectively, “Utility Work”), regardless of whether the need for such Utility Work arises in respect of the Premises, any other part of the building or larger premises. Whenever possible, the Port shall give Concessionaire no less than two
Port Not Responsible. 12.5.1 The Port shall not be required to furnish any services or utilities of any nature to the Property during the term of this Agreement, Tenant hereby assuming full and sole responsibility for the supply of and payment for all utilities and services. Furthermore, the Port shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy or water and sewer service furnished to the Premises by reason of any requirement, act or omission of the public utility providing such service or for any other reason.
12.5.2 The Port acknowledges and agrees that, due to the nature of ▇▇▇▇▇▇'s operations on the Premises, uninterrupted utility service to the Premises is of critical importance to Tenant and public health, safety and welfare. Therefore, notwithstanding anything in this Agreement to the contrary, the Port shall use its best efforts to refrain from any action or inaction that would result in interruption of electrical or other utility services to the Premises. Without limiting the generality of the foregoing, Tenant may install, operate and maintain such standby generators or such other fueled equipment and associated storage facilities as Tenant deems appropriate for emergency electrical power. Notwithstanding the foregoing, neither shall the Port be liable to Tenant, other tenants of DMCBP or third parties nor shall Tenant (or any subtenant) be liable to the Port, other tenants of DMCBP or third parties for any losses, including loss of income or business interruption, resulting from any interruptions or failure in the supply of any utility to the Premises, except when such losses result from gross negligence or, as and to the fullest extent applicable in a loss allegedly caused by PSE, except as provided by tariff on file with the UTC.