Common use of Quiet Enjoyment and termination Clause in Contracts

Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 5 contracts

Samples: Top Tankers Inc., Top Tankers Inc., Top Tankers Inc.

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Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March June 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's Charterers quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 2 contracts

Samples: Top Tankers Inc., Top Tankers Inc.

Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March June 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 1 contract

Samples: Top Tankers Inc.

Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer Chatterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited `imited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 1 contract

Samples: Top Tankers Inc.

Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March ___ June 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 1 contract

Samples: Top Tankers Inc.

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Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the the, Charter (including, but not nit limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March 2006 made between, inter alios, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 1 contract

Samples: Top Tankers Inc.

Quiet Enjoyment and termination. In consideration of the undertakings of the Charterer contained in clauses 6 and 8 and of the Charter Guarantor contained in clause 7, provided (a) the Charterer has not committed a breach of the Charter which would entitle the Owner to terminate the Charter (including, but not limited to, a failure to pay charterhire in accordance with the Charter) or (b) the Charterer has not committed a breach of this Deed or (c) the Charterer has not committed a breach of any of the terms of the co-ordination deed dated March 2006 made between, inter aliosalia, the Charterer and the Mortgagee (the "Co-ordination Deed") or (d) the Charterer has not failed to pay any charterhire in accordance with the terms of a notice (the "Notice") received by the Owner under the Charter Assignment or (e) the Charter Guarantor has not committed a breach of this Deed, the Mortgagee agrees that it will not take any action as mortgagee against the Ship under (i) the Loan Agreement and (ii) any of the other Security Documents, which action would have the effect of interfering with the Charterer's quiet enjoyment of the Ship PROVIDED ALWAYS THAT:

Appears in 1 contract

Samples: Top Tankers Inc.

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