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: 16.2.1 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors from exercising any of their respective rights under the Loan Agreement and/or the Security Documents (including without limitation, rights thereunder to foreclose, take possession of and sell the Ship) if those rights are exercised in such a way as to enable the Ship to be available to the Charterer during the Charter Period; and 16.2.2 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors from joining or intervening in or otherwise supporting any proceedings arising from or relating to the arrest or detention of the Ship by any other person with a view to substantiating, preserving or protecting the Mortgagee and/or the other Creditors' interest in the Ship as mortgagee or otherwise.

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: 16.2.1 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors (as defined in the Loan Agreement) from exercising any of their respective rights under the Loan Agreement and/or the Security Documents (including without limitation, rights thereunder to foreclose, take possession of and sell the Ship) if those rights are exercised in such a way as to enable the Ship to be available to the Charterer during the Charter Period; and 16.2.2 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors (as defined in the Loan Agreement) from joining or intervening in or otherwise supporting any proceedings arising from or relating to the arrest or detention of the Ship by any other person with a view to substantiating, preserving or protecting the Mortgagee and/or the other Creditors' (as defined in the Loan Agreement) interest in the Ship as mortgagee or otherwise.

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: 16.2.1 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors (as defined in the Loan Agreement) from exercising any of their respective rights under the Loan Agreement and/or the Security Documents (including without limitation, rights thereunder to foreclose, take possession of and sell the Ship) if those rights are exercised in such a way as to enable the Ship to be available to the Charterer during the Charter Period; and 16.2.2 nothing in this clause 16 shall prevent the Mortgagee and/or the other Creditors (as defined in the Loan Agreement) from joining or intervening in or otherwise supporting any proceedings arising from or relating to the arrest or detention of the Ship by any other person with a view to substantiating, preserving or protecting the Mortgagee and/or the other Creditors' (as defined in the Loan Agreement) interest in the Ship as mortgagee or otherwise.